CBD imports sit at the intersection of CBP HTS classification, FDA admissibility, and state legality. HTS classification typically runs through 2907.29.9000, 1302.19.7040, or 1404.90.9090 depending on form. FDA may issue refusals on goods classified as drugs. State legality varies – federal hemp legality (under 0.3% THC) does not preempt state restrictions. Section 321 de minimis tightening in 2025 collapsed the small-parcel pathway for most CBD imports.
Cannabis and CBD imports into the U.S. are technically possible for hemp-derived products under 0.3% THC, but the regulatory layering is unusual: CBP determines tariff classification, FDA determines admissibility for human consumption, and state law determines distribution legality. Each layer can independently block the import.
This guide walks SMB CBD importers through HTS classification, FDA considerations, state legality interactions, and the 2025 Section 321 tightening that affected most direct-to-consumer hemp shipments.
HTS classification – the three main codes
HTS 2907.29.9000 – phenols
Pure CBD isolate (>99% CBD) typically classifies under 2907.29.9000 as a phenol. Duty rate (Column 1, General): 5.5%. Section 122 stacks (15% currently). Vietnam and other non-USMCA origins: ~20.5% effective.
HTS 1302.19.7040 – vegetable saps and extracts
Hemp-derived extracts (CBD-rich oils, full-spectrum hemp extract) often classify under 1302.19.7040. Duty rate: 1%. Section 122 stacks. The classification is favorable; documentation must support the extract characterization.
HTS 1404.90.9090 – vegetable products not elsewhere specified
Hemp-derived powders, distillates, and certain processed products may classify under 1404.90.9090. Duty rate: free under MFN. Section 122 stacks.
FDA admissibility – the parallel layer
FDA has refused to recognize CBD as a dietary supplement ingredient (the Epidiolex precedent). Imports of CBD-containing food, beverage, supplement, or cosmetic products are subject to FDA review and possible refusal. Topical CBD products and pure isolate for industrial purposes generally face fewer FDA refusals.
State legality – federal-state divergence
Federal hemp (under 0.3% THC) was legalized by the 2018 Farm Bill. State law varies: some states allow hemp-CBD broadly; others restrict, classify as Schedule I, or require licensing. Importers must verify destination state legality before delivery.
2025 Section 321 de minimis tightening
The early-2025 Section 321 changes restricted de minimis treatment for many categories, including most CBD/hemp products. Direct-to-consumer hemp imports under $800 that previously cleared informal now generally require formal entry – paying full duty plus Section 122.
Documentation needed for clean CBD imports
- Certificate of Analysis (COA) showing THC content under 0.3%.
- Source documentation showing legal hemp cultivation (USDA-approved hemp source).
- HTS classification opinion (binding ruling for high-volume importers).
- FDA 21 CFR import declaration where applicable.
- State licensing where destination state requires.
Frequently asked questions
Can I import CBD into the U.S.?
Yes for hemp-derived CBD under 0.3% THC, but FDA admissibility and state legality must be verified separately from CBP entry. Some product forms (food, supplements) face FDA refusal risk.
What HTS code do I use for CBD oil?
Depends on the form. CBD isolate typically 2907.29.9000. CBD-rich extracts and oils typically 1302.19.7040. CBD-containing finished products may classify under different chapters depending on form. A classification opinion is recommended.
Does Section 122 apply to CBD imports?
Yes. The 15% Section 122 surcharge applies to most non-USMCA CBD imports through July 24, 2026.
Can I get a binding ruling for my CBD product?
Yes. CBP issues binding rulings on CBD products as on any other goods. Useful for high-volume importers where classification is genuinely ambiguous.
What does a CBD classification opinion cost?
Our CBD classification opinions: $500-$1,500 fixed-fee depending on product complexity and documentation depth.
Get started
We issue paid CBD classification opinion letters ($500-$1,500). Useful for new importers and for binding ruling requests.