Whey Protein Isolate Powder
A highly refined whey protein isolate containing over 90% protein by weight, used primarily as a dietary supplement for athletes and fitness enthusiasts. It falls under HTS 0404.90.50.00 as a whey-derived product consisting of natural milk constituents (whey proteins), not modified by removal of lactose or minerals to meet 0404.10 criteria, and subject to Chapter 4 quota limitations in Additional U.S. Note 1. The product is dry powder form with minimal added sugars.
Import Duty Rates by Country of Origin
| Origin Country | MFN Rate | Ch.99 Surcharges | Total Effective Rate |
|---|---|---|---|
| π¨π³China | 8.5% | +17.5% | 26% |
| π²π½Mexico | 8.5% | +10.0% | 18.5% |
| π¨π¦Canada | 8.5% | +10.0% | 18.5% |
| π©πͺGermany | 8.5% | +10.0% | 18.5% |
| π―π΅Japan | 8.5% | +10.0% | 18.5% |
Alternative Classifications
This product could be classified differently depending on its characteristics or intended use.
If containing >80% whey proteins by dry matter weight
Chapter 4 note (d) excludes concentrates of two or more whey proteins over 80% from Chapter 4, classifying as albumins in heading 3502
If whey has had lactose, proteins, or minerals removed or natural constituents added
Subheading 0404.10 specifically covers 'modified whey' per legal definition, excluding standard whey powders
If blended with flavors, vitamins, or other non-milk ingredients exceeding principal whey character
Products where milk constituents are replaced or significantly altered fall under prepared food preparations in Chapter 21 per Chapter 4 exclusion (c)
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Import Tips & Compliance
β’ Obtain import license from USDA as this falls under Additional U.S
β’ Note 1 quota (max 4,105,000 kg/year); provide lab analysis confirming whey protein content and natural milk constituent status; avoid misclassification as modified whey (0404.10) which requires proof of lactose/protein removal
Related Products under HTS 0404.90.50.00
Sweet Whey Powder for Animal Feed
Dried sweet whey powder produced from cheese-making, containing natural lactose, proteins, and minerals, primarily used in livestock feed formulations. Classified under HTS 0404.90.50.00 as unmodified whey product of natural milk constituents, subject to Chapter 4 quota restrictions despite feed end-use. Minimal processing beyond concentration and drying.
Milk Protein Concentrate 40% MPC-40
Milk protein concentrate containing 40% protein (casein + whey proteins) by weight, used in protein bars, beverages, and nutritional products. Falls under HTS 0404.90.50.00 per U.S. Note definition for MPC β₯40% protein as natural milk constituents product, subject to quota in Additional U.S. Note 1. Not classified as cheese or modified whey.
Lactose-Reduced Whey Powder
Whey powder processed to partially reduce lactose content but retaining natural whey protein/mineral profile, used in low-lactose nutritional products. Classifies under HTS 0404.90.50.00 as it doesn't meet full 'modified whey' definition requiring complete removal/addition of constituents, subject to quota. Retains essential natural milk characteristics.
Whey Mineral Concentrate
Concentrate derived from whey rich in natural milk minerals (calcium, phosphorus, potassium), used in fortified foods and supplements. HTS 0404.90.50.00 classification as product of natural milk constituents not meeting modified whey or high-protein exclusion criteria, quota-applicable. Minimal protein content with emphasis on mineral fraction.
Delactosed Whey Powder
Whey from which most lactose removed but retaining whey proteins and minerals in natural ratios, used in high-protein low-carb products. Borderline classification under HTS 0404.90.50.00 if not fully meeting modified whey technical definition, quota-restricted. Partial processing maintains Chapter 4 status.
Acid Whey Powder
Powder from acid coagulation cheese production (cottage cheese), higher mineral/acid content than sweet whey. HTS 0404.90.50.00 as natural whey product regardless of sweet/acid type, subject to quota. Standard drying concentration without constituent modification.