CLA-2-12:OT:RR:NC:N2:N232
Ms. Ilana Green
Fresh Hemp Foods Ltd.
69 Eagle Dr
Winnipeg, MB R2R 1V4
Canada
RE: The Classification for Hemp Seed Fines from Canada
Dear Ms. Green,
In your letter dated May 5, 2022, you requested a tariff classification ruling on “Hemp Seed Fines.”
Hemp Seed Fines are described as 100% whole hemp seeds which contain fragments of hemp hulls (the outer seed coat), hulled hemp seeds fragments, and hemp seed epicotyl (the green shoots). The whole hemp seeds are heated for sterilization, destoned and sorted. The hemp seeds are de-hulled through a series of impact hullers, splitting the seed coats. The hulls and fine particles are separated using a series of aspiration and screening. The fine particles will be imported into the United States, packed in bulk totes. The Hemp Seed Fines will be sold to food manufacturers for further processing and/or used as a food ingredient.
Classification:
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System at the international level. While not legally binding, and therefore not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise under the System. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989).
The EN to Chapter 12, Harmonized Tariff Schedule of the United States (HTSUS), provides in pertinent part as follows:
The seeds and fruits covered by the headings may be whole, broken, crushed, husked or shelled. They may also have undergone moderate heat treatment designed mainly to ensure better preservation (e.g., by inactivating the lipolytic enzymes and eliminating part of the moisture), for the purpose of de-bittering or to facilitate their use. However, such treatment is permitted only if it does not alter the character of the seeds and fruits as natural products and does not make them suitable for a specific use rather than for general use.
The EN to Heading 1207 provides, in relevant part:
The heading covers, inter alia :
Hemp seeds
The Hemp Seed Fines have been heated, destoned; sorted, dehulled and packed. Such processing, pursuant to the language of the EN, will not preclude them from classification in Chapter 12, HTSUS. As directed by the ENs, the Hemp Seed Fines are properly classified under heading 1207, HTSUS.
The applicable subheading for the Hemp Seed Fines will be 1207.99.0360, HTSUS, which
provides for Other oil seeds and oleaginous fruits, whether or not broken: Other: Other: Hemp
seed: Other. The general rate of duty will be free.
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 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 Frank Troise at frank.l.troise.cbp.dhs.gov.
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division