N335656
CLA-2-96:OT:RR:NC:N4:415
Richard O’Neill
Neville Peterson, LLP
701 Fifth Avenue, Suite 4200-2159
Seattle, WA 98104
RE: The tariff classification of certain marijuana-related paraphernalia from China.
Dear Mr. O’Neill:
In your letter dated October 2, 2023, you requested a tariff classification ruling on behalf of your client, Volo Trade, Inc., dba RYOT.
There are five products under consideration. Images were provided for all items. A sample was provided for the fifth and will be returned separately.
Below, we provide our tariff classification ruling, but with the following caveats and limitations.
Based on the descriptions and supporting evidence provided with the ruling request, these five products meet the definition of marijuana-related “drug paraphernalia” under 21 USC § 863(d), the importation of which is prohibited under 21 USC § 863(a)(3). However, in Eteros Technologies USA, Inc. v. United States, 592 F. Supp. 3rd 1313 (Ct. Int’l Trade 2022), and Keirton USA Inc. v. United States, 600 F. Supp. 3rd 1270 (Ct. Int’l Trade 2022), the Court of International Trade held that importers importing marijuana-related drug paraphernalia through a port in the State of Washington are “authorized” by the State of Washington to possess such items, within the meaning of the exemption in 21 USC § 863(f)(1), and are therefore exempt from this prohibition.
These five products will be entered only through the Port of Seattle, WA, as stated in your submission. The holdings in Eteros and Keirton apply only to importations through a port in the State of Washington. Accordingly, we recommend that admissibility be confirmed prior to any contemplated importation through a different port of entry, as the products could still be considered prohibited merchandise and potentially seized if imported through a port of entry in a different State.
If you wish to obtain an admissibility ruling for a future importation through a different port of entry, you may write to the following CBP office: Attn: Cargo Security, Carriers, and Restricted Merchandise Branch Office of Trade Regulations and Rulings U.S. Customs and Border Protection 90 K Street NE Washington, DC 20229
The first item is described as the “RYOT Stand Up Spoon Pipe,” item number GR-SUS-BK. It is a smoking pipe designed for use with dry herbs and cannabis. Per your submission, it is made wholly of heavy wall glass, which also allows the clipper-sized bowl to remain cool to the touch during use. The pipe measures 5.5 inches by 2.75 inches by 2.75 inches and weighs 0.24 pounds.
The second item is described as the “RYOT Ceramic Traveler Water Pipe,” item number CR-RTV-BK. The body of the pipe is made from matte black ceramic with the stem and bowl made from glass. The pipe features a soft base of cork that provides stability when placed on a surface, reducing the risk of accidental tipping or damage. It also includes a removable cork seal lid and joint caps, which are intended to help maintain cleanliness and prevent debris from entering the pipe when not in use. The pipe measures 5.5 inches by 5.5 inches by 11.5 inches and weighs 1.08 pounds.
You proposed that this pipe would be classified under subheading 9614.00.2600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[p]ipes and bowls wholly of clay and pipes with bowls wholly of clay.” We note that as the pipe is clay and the bowl is glass, this product would not be considered wholly of clay and this subheading would not be appropriate. Rather, we would consider this a pipe made from other materials of subheading 9614.00.28, HTSUS.
The third item is described as the “RYOT Wooden Spring ‘One-Hitter’ Pipe,” item number T-RCSP-6W. This product is a discreet-use, small and slender smoking pipe designed for single inhalations or “hits” of ground herbs or tobacco. It consists of a small bowl at one end, which holds the ground material, and a narrow tube or stem that serves as a mouthpiece at the other end. The pipe features a spring-loaded mechanism for ash removal. You indicate that the interior of the pipe and the bowl piece are made of aluminum. The eject spring is made from steel. The other components, which enhance the appearance of the pipe, could be made from different materials depending on the purchase order. They could be anodized metal, aluminum, or as in this case, wood. It measures three inches in length by 0.3125 inches in width.
You proposed that this pipe would be classified under subheading 9614.00.2500, HTSUS, which provides for “[p]ipes and pipe bowls: [o]f wood or root.” The provided documentation indicates the pipe and bowl are made of aluminum and the wood, if present, is merely for aesthetic purposes. As such, this subheading would not be appropriate, and we would consider this a pipe made from other materials of subheading 9614.00.28, HTSUS.
The fourth item is described as the “RYOT VERB Dry Herb Vaporizer,” item number VERB-DHV-BLK. It is a portable dry herb vaporizer. The device is powered by a lithium-ion battery with a capacity of 1200 milliampere hours (mAh), which allows it to be used for approximately six to eight sessions. The vaporizer measures six inches by 3.6 inches by 1.7 inches, weighs 0.9 pounds, and will be packaged with a micro-USB charging cable, a cleaning brush, 25 cotton swabs, and a magnetic removable poker.
The fifth item is described as the “RYOT Solid Top Screen Boxes.” This product is available in two sizes, small (three inches by five inches, item number W3x5-NF) and medium (four inches by seven inches, item number W4x7-NF). These wooden boxes are designed for sifting, separating, and collecting the fine particles or trichomes (also known as “kief”) from dry botanical materials like herbs or cannabis. Each box features magnetically secured closures which ensure that each layer of the box firmly snaps together, keeping the contents secure. The depth of the interior box is 0.4375 inches which provides space for sifting and storing botanical materials. They both feature a monofilament screen for sifting and a black glass base tray to aid in the collection process. It will be packaged with a RYOT Prep Card, intended to further aid in the preparation and handling of botanical concentrates.
We hold the opinion that these boxes would be considered composite articles and it is the sifting component/monofilament screen that would impart the essential character to this product, General Rule of Interpretation 3(b) noted. As such, it would not be classified, as proposed, within subheading 4420.19.0000, HTSUS, as an other ornamental article of wood, but instead under heading 9604, HTSUS, which provides for hand sieves and riddles.
The applicable subheading for the “RYOT Stand Up Spoon Pipe,” item number GR-SUS-BK, will be 9614.00.2810, HTSUS, which provides for “[s]moking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof: [p]ipes and pipe bowls: [o]ther: [o]f glass.” The column one, general rate of duty is 0.3 cents per each plus 3.2 percent ad valorem.
The applicable subheading for the “RYOT Ceramic Traveler Water Pipe,” item number CR-RTV-BK, and the “RYOT Wooden Spring ‘One-Hitter’ Pipe,” item number T-RCSP-6W, will be 9614.00.2890, HTSUS, which provides for “[s]moking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof: [p]ipes and pipe bowls: [o]ther: [o]ther.” The column one, general rate of duty is 0.3 cents per each plus 3.2 percent ad valorem.
The applicable subheading for the “Verb Dry Herb Vaporizer,” item number VERB-DHV-BLK, will be 8543.40.0040, HTSUS, which provides for “[e]lectrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: [e]lectronic cigarettes and similar personal electric vaporizing devices: [o]ther.” The column one, general rate of duty is 2.6 percent ad valorem.
The applicable subheading for the “RYOT Solid Top Screen Boxes,” item numbers W3x5-NF and W4x7-NF, will be 9604.00.0000, HTSUS, which provides for “[h]and sieves and hand riddles.” The column one, general rate of duty is 4.9 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8543.40.0040, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 8543.40.0040, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9604.00.0000, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 9604.00.0000, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 at https://hts.usitc.gov/current.
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.
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.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division