CLA-2-38:OT:RR:NC:N3:139
Ms. M? Dang
iVIK Holdings LLC
965 W Chicago Ave
Chicago, IL 60642
RE: The tariff classification of bulk Cannabidiol Oil in solvent from Colombia
Dear Ms. Dang:
In your letter dated March 31, 2021, you requested a tariff classification ruling on behalf of iVIK Holdings LLC.
The subject product is called Cannabidiol (CBD) Oil (CAS # 13956-29-1). It is stated to be eight different mixtures of CBD Oil in solvent. The eight different mixtures of CBD Oil will be: 8.3, 10, 16.6, 33, 50, 75, 100, or 150 mg/ml concentrations with a variation factor of ± 10 percent, depending on the percentage of medium triglyceride carrier oil (MCT carrier oil) present. All the products will be imported into the United States from Colombia. The CBD Oil is a purified extract of hemp that is mixed with an industrial hemp CBD isolate obtained from a separate company, Pharmacielo Colombia Holding S.A.S (Pharmacielo), by your subsidariy NuSierra Holdings Ltd. (NuSierra), in Colombia.
You state that the imported products are defined as hemp extracts under the US Agricultural Improvement Act of 2018 ("2018 Farm Bill"). You indicated that it will be shipped in 10L and 20L containers. You also state that the CBD Oil mixtures have been third-party laboratory tested to ensure concentrations of no more than 0.3% of delta-9 tetrahydrocannabinol (THC). Laboratory reports for one of the products was included in your ruling request. These products are indicated to be derived solely from hemp grown in the country of Colombia. The products are for commercial use in the United States as an ingredient in tinctures, creams and cosmetic products. A brief description of all the products was provided with your request, along with the aforementioned lab report (which describes the mixtures expected to arrive in the first shipment), two pictures of 20 L containers (with each container containing the mixtures expected to arrive in the first shipment), as well as a sample of the label that will be featured on the container for that first shipment. Also provided was a sample certificate of analysis for the hemp CBD isolate obtained from Pharmacielo, as well as more detailed product specification sheets for the eight requested mixtures, along with samples of each individual mixture’s expected container label.
The description you provided for the eight requested mixtures is summarized below:
Item Description 1
BDN6021121. RediFill™ Silver CBD 8.3 mg. This product will be imported in wholesale
volume and comes pre-mixed with a medium chain triglyceride (carrier) oil, such as coconut
oil, NuSierra’s industrial hemp extract and Pharmacielo’s industrial hemp CBD isolate to
achieve a specific CBD concentration. The percentage of CBD by weight would be .83%.
Item Description 2
BDN6023021. RediFill™ Silver CBD 10 mg. This product will be imported in wholesale
volume and comes pre-mixed with a medium chain triglyceride (carrier) oil, such as coconut
oil, NuSierra’s industrial hemp extract and Pharmacielo’s industrial hemp CBD isolate to
achieve a specific CBD concentration. The percentage of CBD by weight would be 1.0%.
Item Description 3
BDN6021221. RediFill™ Silver CBD 16.6 mg. This product will be imported in wholesale
volume and comes pre-mixed with a medium chain triglyceride (carrier) oil, such as coconut
oil, NuSierra’s industrial hemp extract and Pharmacielo’s industrial hemp CBD isolate to
achieve a specific CBD concentration. The percentage of CBD by weight would be 1.66%
Item Description 4
BDN6021421. RediFill™ Silver CBD 33 mg. This product will be imported in wholesale
volume and comes pre-mixed with a medium chain triglyceride (carrier) oil, such as coconut
oil, NuSierra’s industrial hemp extract and Pharmacielo’s industrial hemp CBD isolate to
achieve a specific CBD concentration. The percentage of CBD by weight would be 3.3%.
Item Description 5
BDN6021521. RediFill™ Silver CBD 50 mg. This product will be imported in wholesale
volume and comes pre-mixed with a medium chain triglyceride (carrier) oil, such as coconut
oil, NuSierra’s industrial hemp extract and Pharmacielo’s industrial hemp CBD isolate to
achieve a specific CBD concentration. The percentage of CBD by weight would be 5.0%.
Item Description 6
BDN6021621. RediFill™ Silver CBD 75 mg. This product will be imported in wholesale
volume and comes pre-mixed with a medium chain triglyceride (carrier) oil, such as coconut
oil, NuSierra’s industrial hemp extract and Pharmacielo’s industrial hemp CBD isolate to
achieve a specific CBD concentration. The percentage of CBD by weight would be 7.5%.
Item Description 7
BDN6021921. RediFill™ Silver CBD 100 mg. This product will be imported in wholesale
volume and comes pre-mixed with a medium chain triglyceride (carrier) oil, such as coconut
oil, NuSierra’s industrial hemp extract and Pharmacielo’s industrial hemp CBD isolate to
achieve a specific CBD concentration. The percentage of CBD by weight would be 10%.
Item Description 8
BDN7021721. RediFill™ Silver CBD 150 mg. This product will be imported in wholesale
volume and comes pre-mixed with a medium chain triglyceride (carrier) oil, such as coconut
oil, NuSierra’s industrial hemp extract and Pharmacielo’s industrial hemp CBD isolate to
achieve a specific CBD concentration. The percentage of CBD by weight would be 15%.
The applicable subheading for Items BDN6021121, BDN6023021, BDN6021221, and BDN6021421 will be 3824.99.9297, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other.” The general rate of duty will be 5%.
The applicable subheading for Items BDN6021521, BDN6021621, BDN6021921, and BDN7021721 will be 3824.99.2890, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: Other: Other.” The general rate of duty will be 6.5%.
Articles classifiable under subheadings 3824.99.2890, and 3824.99.9297 HTSUS, which are products of Colombia, may be entitled to duty free treatment under the U.S.-Colombia Trade Promotion Agreement, upon compliance with all applicable regulations.
We note, that due to the highly complex and variable nature of the raw material and the extraction and purification processes, that these products may require verification of their chemical constituents at time of entry, including potential sampling and analysis of chemical and other ingredients.
A review of FDA Regulations for Cannabis derived products including those containing CBD Oil can be found at: https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd#legaltosell.
This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.can be obtained by contacting the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, Telephone: (888) 463-6332.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Bobel at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division