HTS US: 0404.XX.XXXX
Description
This heading covers whey and modified whey products derived from milk during the process of cheese making or milk processing. These products include various forms of whey such as liquid whey, concentrated whey, whey protein concentrates, and other whey derivatives. The heading also comprises certain milk preparations and products obtained by drying or evaporating whey.
Products under this heading may be presented in forms such as:
- Liquid whey: The watery part left after milk has been curdled and strained.
- Concentrated or dried whey: Whey subjected to processes to remove water content.
- Modified whey products: Whey that has been purified, concentrated, or otherwise processed (e.g., whey protein concentrates, isolates).
- Milk products with whey content: Preparations and derivatives containing whey as a principal component.
Code Hierarchy
- Section I: Live Animals; Animal Products (Chapters 01-05)
- Chapter 04: Dairy Produce; Birds’ Eggs; Natural Honey; Edible Products of Animal Origin
- Heading 0404: Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included.
- US HTS Code (10-digit):
0404.XX.XXXX– The final digits specify the exact type and preparation of the whey or milk product.
Detailed Breakdown of Subheadings
The 4-digit HS heading 0404 is subdivided into more specific 6-digit and 10-digit codes that classify the products based on concentration, preparation, added ingredients, and other characteristics.
| HS/HTS Code | Description | Examples & Notes |
|---|---|---|
| 0404.10 | Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter | General category for whey in various forms. |
| 0404.10.1000 | Liquid whey and modified whey, un-concentrated | Fresh liquid whey directly obtained from milk processing. |
| 0404.10.2000 | Concentrated whey and modified whey with added sugar or sweetening matter | Whey concentrated and sweetened, often used in food industry. |
| 0404.10.3000 | Concentrated whey and modified whey without added sugar or sweetening matter | Pure concentrated whey powders or liquids. |
| 0404.90 | Products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included | Other milk-derived products with whey components not classified elsewhere. |
| 0404.90.1000 | Milk products containing whey, with added sugar or sweetening matter | Preparations used in dairy-based food products. |
| 0404.90.9000 | Other milk products containing whey, not elsewhere specified | Miscellaneous natural milk constituent products. |
What is NOT Classified Here?
To prevent misclassification, note the following exclusions:
- Cheese and curd: Classified under Chapter 04, Heading 0406.
- Milk and cream (not concentrated or containing added sugar): Classified under Heading 0401.
- Milk powders and concentrates (other than whey based): Classified under Heading 0402.
- Butter and other fats and oils derived from milk: Classified under Heading 0405.
- Prepared or preserved milk products with substantial processing: May fall under other headings depending on processing.
Notes
- USDA and FDA Regulations: Importation of dairy products including whey is subject to strict sanitary and phytosanitary regulations administered by USDA and FDA, requiring certification and compliance with U.S. food safety standards.
- Tariff Treatment: Duty rates vary by specific 10-digit code and product form. Many whey products may be subject to tariff-rate quotas or preferential trade agreements.
- Labeling Requirements: Accurate description of product form and ingredients is critical for customs classification and compliance.
Declaration Example
Product: Shipment of concentrated whey powder without added sugar from New Zealand.
US HTS Code:
0404.10.3000(Concentrated whey without added sugar)Unit of Quantity: Kilogram (kg)
General Duty Rate: Refer to current USHTS (Subject to quota and trade agreements)
Additional Requirements: USDA/FDA import permits and health certificates required.
Related HTS Codes
- HTS 0401: Milk and cream, not concentrated nor containing added sugar or other sweetening matter.
- HTS 0402: Milk and cream, concentrated or containing added sugar or other sweetening matter.
- HTS 0405: Butter and other fats and oils derived from milk.
- HTS 0406: Cheese and curd.
