The decisive factor is the intended use at the time of importation. Seeds commercially presented and certified for planting—typically accompanied by phytosanitary certificates and germination data—are classified under 1209. The same botanical seed sold in bulk for food processing or oil extraction would be classified under the relevant food or oilseed heading.

USDA APHIS regulates the importation of seeds for planting. Depending on the species and origin, shipments may require a phytosanitary certificate from the exporting country, an APHIS import permit, or treatment to address pest and disease risk. Requirements vary by species, so importers should check APHIS regulations before shipment.