October 29, 2026
Ms. Hoyle of Oregon introduced the following bill; which was referred to the Committee on Ways and Means
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The additional duty imposed pursuant to subsection (a) shall apply with respect to articles entered or withdrawn from warehouse for consumption on or after the date that is 90 days after the date of the enactment of this Act.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.