The tariff classification of Hemp Biomass from Australia

N339899 May 16, 2024 CLA-2-14:OT:RR:NC:N5:231 CATEGORY: Classification TARIFF NO.: 1404.90.9090 Mark Haroldson Pluto Labs LLC 3132 Kitty Hawk RoadWilmington, NC 28405United States RE:  The tariff classification of Hemp Biomass from Australia Dear Mr. Haroldson: In your letter dated May 3, 2024, you requested a tariff classification ruling. The subject merchandise is Hemp Biomass.  You state that hemp plants are harvested at their peak cannabinoid content to ensure maximum yield of cannabidiol (CBD).  The hemp is dried in a controlled environment then ground and packed in bulk size gunny sacks with a net weight of 500 pounds each.  The hemp biomass is imported for the extraction of CBD oil, which will be subsequently used in a variety of applications such as dietary supplements, therapeutic products, and cosmetic goods. The applicable subheading for the Hemp Biomass will be 1404.90.9090, HTSUS, which provides for “Vegetable products not elsewhere specified or included…Other: Other.”  The rate of duty will be free. 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. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. The importation of these goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this agency regarding possible applicable requirements at the following location: U.S. Department of Agriculture APHIS Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136 Riverdale, MD 20737-1236 Telephone number: 877-770-5990 This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA).  Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Ekeng Manczuk at ekeng.b.manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division