Modified Whey Protein Isolate Powder

This is whey protein isolate where lactose and minerals have been partially removed through filtration processes, resulting in a high-protein powder with at least 90% protein content. It falls under HTS 0404.10.15.00 as modified whey per subheading note, since whey constituents have been removed to create a concentrated protein product, not qualifying as >95% lactose or >80% whey proteins for other headings.

Import Duty Rates by Country of Origin

Origin CountryMFN RateCh.99 SurchargesTotal Effective Rate
🇨🇳China8.5%+35.0%43.5%
🇲🇽Mexico8.5%+10.0%18.5%
🇨🇦Canada8.5%+10.0%18.5%
🇩🇪Germany8.5%+10.0%18.5%
🇯🇵Japan8.5%+10.0%18.5%

Alternative Classifications

This product could be classified differently depending on its characteristics or intended use.

3502Lower: 10% vs 43.5%

If containing >80% whey proteins by dry weight

Chapter note excludes concentrates of two or more whey proteins exceeding 80% whey proteins on dry matter, classifying as albumins in heading 3502

1702.11.00Lower: 23.9% vs 43.5%

If >95% lactose by dry weight

Chapter note excludes whey-derived products with more than 95% anhydrous lactose on dry matter, moving to lactose heading 1702

2106.90.72Lower: 26% vs 43.5%

If flavored/fortified for retail food use

Significant processing or additions beyond simple concentration may classify as food preparations in Chapter 21 rather than primary dairy

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Import Tips & Compliance

Obtain USDA import license if subject to dairy quotas under additional U.S. notes; provide lab analysis confirming modification (lactose/protein/mineral content); ensure Certificate of Origin excludes Mexico-restricted products

Related Products under HTS 0404.10.15.00

Lactose-Reduced Whey Concentrate 80%

Whey concentrate with 60-80% protein where much of the lactose has been removed via ultrafiltration or chromatography, used in protein bars and beverages. Classified under HTS 0404.10.15.00 as 'modified whey' because lactose (a whey constituent) has been removed, distinguishing it from unmodified whey while not meeting exclusion criteria for other chapters.

Deminalized Whey Powder for Ice Cream

Whey powder processed to remove most minerals (ash content <4%) through ion exchange, enhancing solubility for ice cream and confectionery applications. HTS 0404.10.15.00 applies as modified whey since minerals—a natural whey constituent—have been removed per subheading definition, remaining a dairy product not excluded elsewhere.

Whey Protein Hydrolysate Powder

Hydrolyzed whey where proteins are partially broken down enzymatically and lactose partially removed, yielding peptides for better digestibility in medical nutrition. Falls under 0404.10.15.00 as modified whey due to constituent removal and modification, provided it doesn't qualify for albumin exclusion.

Milk Protein Concentrate 40% (MPC40)

MPC40 is produced by ultrafiltration of skim milk and whey blends, concentrating complete milk proteins (casein + whey) to 40% with reduced lactose and minerals. Classified in HTS 0404.10.15.00 as product of natural milk constituents with modifications (removal of whey lactose/minerals), distinct from pure whey or cheese per US note definition.

Partially Delactosed Whey Permeate

Whey permeate from ultrafiltration with 50-70% lactose removed, retaining minerals and non-protein solids for bakery applications. HTS 0404.10.15.00 as modified whey via lactose removal, not qualifying as >95% lactose product excluded to sugars.

Whey Mineral Concentrate

Concentrate where proteins/lactose removed, enriching milk minerals (calcium/phosphorus) for supplements. Modified whey under 0404.10.15.00 via constituent removal, remaining dairy product.