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
14 declarable lines
Heading 0404 covers whey and modified whey, and other products made of natural milk constituents that are not named in another heading. It splits into 0404.10 for whey and modified whey and 0404.90 for other milk constituent products. Within each part the subheadings turn on whether the goods are fluid or dried, and whether they are entered under the special note provisions of chapter 4.
Products in this heading
- Whey protein concentrate powder (WPC 80)
- Sweet whey powder, dried
- Acid whey powder, dried
- Liquid whey in bulk tanks
- Modified whey with minerals reduced
- Milk protein concentrate powder
- Milk protein isolate powder
- Whey permeate
How to choose the right subheading
- Decide whether the product is whey or modified whey (0404.10) or another milk constituent product (0404.90).
- For whey, decide whether it is fluid or dried.
- For modified whey, decide whether it is a whey protein concentrate or falls in the modified whey residual lines.
- Check whether the goods are described in general note 15 or in additional U.S. note 10 or 12 to chapter 4 and are entered under those provisions.
- For 0404.90, check whether the goods are a milk protein concentrate or a dairy product described in additional U.S. note 1 to chapter 4.
Often confused with
- Heading 0402Ordinary milk powder or evaporated milk
Milk and cream that is concentrated or sweetened is named in heading 0402, not 0404.
- Heading 0403Yogurt and other fermented milk
Fermented or acidified milk products are classified in heading 0403.
- Heading 1702Lactose (milk sugar) and lactose syrup
Lactose is a separate chemically defined sugar classified in chapter 17.
- Heading 3501Casein and caseinates
Casein is a separate protein covered by heading 3501.
- Heading 0406Cheese and curd
Cheese and curd have their own heading and are not treated as whey products.
Frequently asked questions
What is the HTS code for whey protein concentrate?
Whey protein concentrate is classified in 0404.10.05.00. The general (MFN) rate for that line is 8.5%.
What is the duty on dried whey?
Dried whey entered under the provisions of additional U.S. note 12 to chapter 4 falls in 0404.10.50.90 at a general (MFN) rate of 3.3 cents/kg. Dried whey outside those note provisions falls in 0404.10.90.00 at a general (MFN) rate of 87.6 cents/kg.
How do I classify milk protein concentrate?
Milk protein concentrate goes in 0404.90.10.00, with a general (MFN) rate of 0.37 cents/kg. Other milk constituent products not described in the chapter 4 note provisions fall in 0404.90.70.00 at a general (MFN) rate of 8.5%.
Guide written from the official schedule text. Rates quoted are general (MFN) rates; check the line page for trade agreement rates and the classification of your exact product.
All lines in heading 0404
- 0404.10.05.00Modified whey / Whey protein concentrates8.5%
- 0404.10.08.00Described in general note 15 of the tariff schedule and entered pursuant to its provisions13%
- 0404.10.11.00Described in additional U.S. note 10 to this chapter and entered pursuant to its provisions13%
- 0404.10.15.00Modified whey / Other$1.035/kg + 8.5%
- 0404.10.20.00Fluid0.34¢/liter
- 0404.10.48.00Described in general note 15 of the tariff schedule and entered pursuant to its provisions3.3¢/kg
- 0404.10.50.10Articles for which an import license is required3.3¢/kg
- 0404.10.50.90Dried / Other3.3¢/kg
- 0404.10.90.00Dried / Other87.6¢/kg
- 0404.90.10.00Milk protein concentrates0.37¢/kg
- 0404.90.28.00Described in general note 15 of the tariff schedule and entered pursuant to its provisions14.5%
- 0404.90.30.00Described in additional U.S. note 10 to this chapter and entered pursuant to its provisions14.5%
- 0404.90.50.00Dairy products described in additional U.S. note 1 to chapter 4 / Other$1.189/kg + 8.5%
- 0404.90.70.00Other8.5%