Rulings, remedies and court proceedings for customs and trade professionals

Newly Released CBP HQ Rulings March 19

The Customs Rulings Online Search System (CROSS) was updated March 19 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):

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H327540: Admissibility and tariff classification of hemp cones, tubes, and wraps; Drug paraphernalia; 21 U.S.C. 863

Ruling: The hemp cones and wraps do not constitute drug paraphernalia for the purposes of 21 U.S.C. 863(d).
Issue: Do the hemp cones, tubes, and wraps under consideration constitute drug paraphernalia as contemplated in 21 U.S.C. 863?
Item: Cones and wraps made of 100% organic, pesticide-free, non-GMO hemp. It is proposed to import these cones and wraps through any port of entry in the United States, to include ports of entry located in the states of Washington, Oregon, California, Arizona, New Mexico, Texas, and possibly Georgia, New York, New Jersey, Illinois and Colorado.
Reason: The standard for determining whether the hemp cones, tubes, and wraps are prohibited drug paraphernalia is not whether the items are compatible for use with illicit substances, but whether they are primarily intended for use with illicit substances. The labeling on the hemp cones and wraps stating “No Tobacco used in this product. Do Not Use with any tobacco or any illegal substances” supports the assertion that the hemp cones and wraps will only be used with legal herbal blends. The packaging of the cones also states “0.0% THC”. Lab testing results showing the subject merchandise contains a “ND”, or “not detectable” level of delta-9 tetrahydrocannabinol (THC). The website of the manufacturer does not contain any references to cannabis use or sell merchandise related to cannabis. The manufacturer's social media sites featured on their cones packaging also did not reveal any references to use with cannabis. The Crop Kingz website contains the same “Used for legal herbal smoking products only” disclaimer found on the packaging of its cones and wraps.
Ruling Date: March 7, 2024