HouseH.R. 10929119th Congress

Protecting American Hemp Farmers Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10929 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10929

  To impose a 50 percent rate of duty on hemp products imported from 
 China and establish mandatory testing requirements for all imports of 
         certain cannabinoid products, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 29, 2026

 Ms. Hoyle of Oregon introduced the following bill; which was referred 
                   to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To impose a 50 percent rate of duty on hemp products imported from 
 China and establish mandatory testing requirements for all imports of 
         certain cannabinoid products, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting American Hemp Farmers 
Act''.

SEC. 2. ADDITIONAL DUTY ON IMPORTED HEMP FROM CHINA.

    (a) Additional Duty Imposed.--The President shall impose an 
additional duty of 50 percent of the customs value of any article 
originating from China that is--
            (1) a hemp-derived cannabinoid product or a cannabinoid 
        listed in section 3; and
            (2) imported into the customs territory of the United 
        States.
    (b) Hemp-Derived Cannabinoid Products Defined.--In this section, 
the term ``hemp-derived cannabinoid product'' means any product 
containing cannabinoids derived or synthesized from Cannabis sativa L., 
or any extract, isolate, or derivative thereof, regardless of whether 
such product meets the definition of hemp under section 297A of the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) that is 
classifiable under any of the following headings of the Harmonized 
Tariff Schedule of the United States:
            (1) 5302.10.00.00.
            (2) 1207.99.03.
            (3) 1515.90.81.
    (c) Applicability.--The additional duty imposed pursuant to 
subsection (a) shall apply with respect to articles entered or 
withdrawn from warehouse for consumption on or after the date that is 
90 days after the date of the enactment of this Act.
    (d) Transshipment.--The President, acting through the Commissioner 
for U.S. Customs and Border Protection, shall require such additional 
information or certifications from any person importing hemp or related 
products as may be necessary to ensure that articles subject to the 
additional tariff imposed pursuant to this section do not evade such 
tariff through transshipment or other repackaging, blending, or minimal 
processing in third countries.

SEC. 3. ESTABLISHMENT OF NEW TARIFF CATEGORIES FOR CERTAIN 
              CANNABINOIDS.

    (a) In General.--The President, acting through the United States 
International Trade Commission, shall take such steps as may be 
necessary to modify the Harmonized Tariff Schedule of the United States 
to create distinct headings or subheadings, as appropriate, for the 
following articles:
            (1) Cannabinoid isolates.
            (2) Cannabinoid distillates.
            (3) Naturally derived cannabinoids.
            (4) Synthetic cannabinoids.
            (5) Chemically altered cannabinoids.
    (b) Definitions.--In this section:
            (1) The term ``cannabinoid distillate'' means, with respect 
        to a cannabinoid, a concentrated oil obtained through solvent 
        extraction and further purified through vacuum distillation and 
        other heating and cooling cycles to concentrate cannabinoids.
            (2) The term ``cannabinoid isolate'' means, with respect to 
        a cannabinoid, pure, crystalline powder containing 85 percent 
        or more of a single cannabinoid, with all other plant matter 
        and terpenes completely removed.
            (3) The term ``naturally derived cannabinoid'' means a 
        compound obtained from the raw Cannabis Sativa L. through 
        extraction, separation, purification, concentration, 
        distillation, or other physical processing, without being 
        produced from another cannabinoid through chemical conversion.
            (4) The term ``synthetic cannabinoid'' means a compound 
        that--
                    (A) is produced through total chemical synthesis 
                from non-cannabinoid precursor materials, without using 
                Cannabis Sativa L. or any extract, isolate, or 
                derivative thereof as a starting material; and
                    (B) has a chemical structure that is substantially 
                similar to a cannabinoid found in Cannabis Sativa L.
            (5) The term ``chemically altered cannabinoid'' means a 
        natural plant extract, such as cannabidiol, that is altered to 
        turn such extract into a chemically different compound or 
        compounds, including delta-8 tetrahydrocannabinol, delta-9 
        tetrahydrocannabinol, and delta-10 tetrahydrocannabinol.

SEC. 4. MANDATORY TESTING OF IMPORTED CANNABINOID PRODUCTS.

    (a) Testing Required.--With respect to each article classifiable 
under any heading or subheading created pursuant to section 3 or 
classified under any heading listed in subsection (b) of section 2 that 
is imported into the customs territory of the United States, the 
Commissioner of U.S. Customs and Border Patrol, in coordination with 
the Commissioner of Food and Drugs, shall implement mandatory testing 
requirements, to the extent such articles are imported for human 
consumption, with respect to the presence of--
            (1) heavy metal content, such as lead, cadmium, mercury, 
        arsenic, molds, and mycotoxins;
            (2) pesticide residues;
            (3) microbial contamination;
            (4) residual solvents; and
            (5) synthetic byproducts and unknown compounds.
    (b) Annual Reports.--The Commissioner of U.S. Customs and Border 
Protection and the United States International Trade Commission shall 
jointly publish, on an annual basis on a publicly available website--
            (1) aggregate import data for cannabinoid products 
        described in subsection (a), disaggregated by country of 
        origin, cannabinoid classification, quantity, and customs 
        value; and
            (2) aggregate information regarding testing under this 
        section and the manner and extent to which import lots were 
        refused pursuant to such testing.
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