> ## Documentation Index
> Fetch the complete documentation index at: https://docs.extractoseum.com/llms.txt
> Use this file to discover all available pages before exploring further.

# Import and customs — hemp raw material ≤1% THC

> How hemp raw material ≤1% THC is legally imported into Mexico: correct tariff classification (essential character, not a medicine), apostilled COA, COFEPRIS free-import criterion, and what to do if the goods are held (PAMA).

> Importing a NON-THC hemp input (CBD, HHC, HHC-O, etc.) with total THC ≤1% is **legal and does not require a prior sanitary
> import permit**, but the **tariff classification** under which it enters customs determines whether it
> clears freely or is held. This page explains how it is correctly classified and what backs each step.
> *Informational content; it does not constitute legal advice.*

***

## The principle: it is an industrial/food raw material, not a medicine

A typical hemp input (for example, a water-soluble CBD powder) is usually **a mixture**: a fraction of
isolated cannabinoid + a majority of **food excipients** (maltodextrin, polysorbate 80/Tween 80, fatty
esters and alcohols). Those excipients are substances of **free use** —FDA GRAS, Codex Alimentarius (e.g.
E433)— that are imported into Mexico every day without a permit.

The rule that defines its nature is the **General Rule of Interpretation 3(b)** of the Harmonized System: a
mixture is classified by **the material that gives it its essential character**. If most of the composition
is food excipients, the product is a **food preparation/industrial chemical**, not a medicine.

## Why it is NOT under Chapter 30 (medicines)

Heading **30.03** (and 3003.90.99) requires the product to be *"put up for therapeutic or prophylactic
uses"*. A hemp input does **not** meet that definition when:

* It has no declared **therapeutic indication**.
* It has no **dosage** (recommended dose).
* It is **not registered as a medicine** with COFEPRIS.
* It is **raw material** for later formulation, not a finished pharmaceutical product.

In addition, **Note 1 of Chapter 30** expressly excludes food products and preparations that are excipients
used in pharmaceutical preparation. Classifying a food input under Chapter 30 is therefore improper.

## Tariff codes that do apply (order of preference)

> The importer and their customs broker determine and formally propose the correct code. This is an
> educational framework, not a classification instruction.

| Code | Description | When it applies |
| - | - | - |
| **2106.90.99** | Food preparations not elsewhere specified or included | **Primary** for mixtures whose essential character is given by food excipients (formulation of beverages, supplements, functional foods) |
| **3824.99.99** | Chemical products and industrial preparations | **Alternative** for industrial mixtures for reformulation (Chapter 38) |
| **2907.29.99** | Phenols; phenol-alcohols | **Reference only** — applies to the **pure isolated** cannabinoid (not to the mixture); useful as a precedent that the authority has already treated pure CBD as a *chemical compound*, not as a medicine |

## What backs a clean import

* **≤1% THC documented per batch:** [Smart COA](../smart-coa.md) from an accredited **ISO/IEC 17025**
  laboratory, ideally **apostilled** and accompanying the customs declaration (pedimento).
* **COFEPRIS criterion:** hemp-derived raw material ≤1% THC with broad industrial uses is **not included**
  in the annex of goods whose importation is subject to prior sanitary regulation; therefore it **does not
  require a prior sanitary import permit** and importation is **free via customs authorities**. The
  establishment that markets it only requires an **operating notice** (aviso de funcionamiento) in DIGIPRIS
  (Art. 200 bis LGS).
* **Identification label (Art. 25 RCSPS):** generic and specific designation, identification of the
  manufacturer/importer/packer/distributor, storage instructions, expiration date, and identification of the
  **batch** — all to ensure traceability.
* **Substantive basis:** Art. **245 fracc. V** LGS (≤1% THC marketable/importable) + SCJN case law (see
  [Regulatory traceability](trazabilidad-regulatoria.md)).

## Consistency with the SAT criterion

The **SAT** (federal tax authority) oversees customs and applies the **Automated Selection Mechanism**
(Mecanismo de Selección Automatizado) that decides *free clearance* vs *customs inspection*. When an
equivalent input from the same importer has already received verifiable **free clearance**, there is a
**precedent of administrative consistency** (Art. 16 CPEUM: acts of authority must be consistent) that
backs the same treatment for goods of equal nature.

## If the goods are held (PAMA) — what it is and what to do

If a customs office issues a report and holds the goods, an **Administrative Procedure in Customs Matters
(PAMA)** begins. Key points (general framework):

* **The right of defense is inalienable** (Art. 14 CPEUM). The conduct of a customs broker's *employee*
  (e.g. refusing to sign a proceeding) does **not** amount to the importer's withdrawal.
* The notification takes effect by operation of law even if the employee does not sign (CFF framework); the
  procedural deadline runs from the notification — **acting within the deadline** is essential.
* The defense is built with: the correct **tariff reclassification** (above), the apostilled **COA** ≤1%
  THC, the **COFEPRIS criterion** of free import, the **precedent** of free clearance and, where applicable,
  the customs laboratory's own **opinion** (which usually confirms that the product *does not contain
  narcotics, psychotropics, or controlled substances*).
* It may be accompanied by an **expert opinion** and the means of defense (Appeal for Revocation, Contentious
  Administrative Trial, Amparo) are reserved for their procedural opportunity.

> **How the EUM system helps:** the [Smart COA](../smart-coa.md) as a *digital notary* (immutable original
> PDF + cryptographic ledger + public verification without an account) gives an expert or the authority a
> real-time verifiable source that the product is ≤1% THC and from an accredited laboratory — exactly the
> evidence that defuses a poorly founded hold.

## Sources

* **Ley Aduanera** — procedure and powers (PAMA framework) · **Código Fiscal de la Federación** —
  notifications · **Ley General de Salud** — Art. 245 fracc. V, Art. 200 bis · **RCSPS** — Art. 25 ·
  **CPEUM** — Arts. 14, 16. Text in force at [LeyesBiblio](https://www.diputados.gob.mx/LeyesBiblio/index.htm).
* **Harmonized System** — General Rules of Interpretation (RGI/GIR 3(b)); Note 1 of Chapter 30.
* **Laboratory accreditation:** ISO/IEC 17025:2017 (NMX-EC-17025-IMNC-2018).

*Last updated: 2026-08-01. Informational; it does not constitute legal advice. The specific criteria and
precedents of EXTRACTOS EUM® are internal documentation exhibited to the authority when required.*