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NY L84753




May 17, 2005

CLA-2-53:RR:NC:N3:351 L84753

CATEGORY: CLASSIFICATION

TARIFF NO.: 5302.90.0000

Wally Empson
Manager, Hemp Fibre Division
Avanti Polymers Ltd.
P.O. Box 189
Gretna, Manitoba
Canada R0G OVO

RE: The tariff classification of hemp chips and stalks from Canada

Dear Mr. Empson:

In your letter dated May 2, 2005, you requested a tariff classification ruling.

The material in question is hemp stalks and chips. You describe them thusly in your letter:

When we process our hemp fiber we use all of the hemp stalk and grind down in a hammer mill to create very short fibre complete with short hurd (woody core material) and fine dust created by the hammer mill process. We then compact the product into compacted bales for transport. The compacted product is then used as an additive for use in composite products. We indicate that these composites may be concrete, board stalk, plastics, recycled cardboard and polyurethanes.

The applicable subheading for the hemp chips and stalks will be 5302.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for true hemp (Cannabis sativa L.), raw or processed but not spun; tow and waste of true hemp (including yarn waste and garneted stock): Other. The rate of duty will be Free.

You indicate that subheading 5302.10.0000, HTS, which covers “True hemp, raw or retted,” may apply. However, the Explanatory Note to heading 5302 states that this provision covers “Raw hemp as harvested, whether or not the leaves and seeds have been removed” or “Retted hemp in which the fibres are still attached to the woody part of the plant, but have been loosened by the retting.” Your product has been processed beyond these states.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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