Whey Protein Isolate Powder

A highly refined whey protein powder with at least 90% protein content by weight, obtained by removing lactose, minerals, and other non-protein components from whey. It falls under HTS 0404.90.70.00 as a natural milk constituent product (whey protein concentrate/isolate) not elsewhere specified, distinct from modified whey in 0404.10 or high-lactose products in 1702.

Import Duty Rates by Country of Origin

Origin CountryMFN RateCh.99 SurchargesTotal Effective Rate
πŸ‡¨πŸ‡³China8.5%+17.5%26%
πŸ‡²πŸ‡½Mexico8.5%+10.0%18.5%
πŸ‡¨πŸ‡¦Canada8.5%+10.0%18.5%
πŸ‡©πŸ‡ͺGermany8.5%+10.0%18.5%
πŸ‡―πŸ‡΅Japan8.5%+10.0%18.5%

Alternative Classifications

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

0404.10Lower: 18.5% vs 26%

If whey constituents like lactose or minerals have been significantly removed

Qualifies as 'modified whey' per subheading note for 0404.10, which covers whey with removed or added natural constituents.

3502.20.00.00Lower: 17.5% vs 26%

If containing over 80% whey proteins by dry matter weight

Chapter note excludes such high-concentration whey protein products, classifying them as albumins in heading 3502.

2106.90.46.00Lower: 17.5% vs 26%

If blended with flavors, vitamins, or marketed as a finished food supplement

Further processing beyond natural constituents moves it from Chapter 4 to food preparations in 2106.

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Import Tips & Compliance

β€’ Verify protein content exceeds 40% by dry weight to avoid reclassification as modified whey (0404.10); obtain lab analysis certificates

β€’ Check for USDA import licenses if entering under quota-limited subheadings; products from Mexico are prohibited

β€’ Ensure FDA prior notice filing and compliance with protein supplement labeling under 21 CFR 101

Related Products under HTS 0404.90.70.00

Milk Protein Concentrate 40% MPC40

Milk protein concentrate containing 40% protein (casein plus lactalbumin) by weight, produced by ultrafiltration of skim milk without replacing natural constituents. Classified under HTS 0404.90.70.00 as a natural milk constituents product not elsewhere specified, per U.S. note definition but in 'other' subheading.

Lactose-Reduced Whey Powder 20% Protein

Whey powder partially demineralized and with reduced lactose content but retaining natural whey proteins at around 20% by weight. It qualifies for HTS 0404.90.70.00 as unmodified natural whey constituents, not meeting the 'modified whey' criteria of 0404.10.

Native Whey Protein Concentrate 80% NPC80

Undenatured whey protein concentrate at 80% protein level, produced via filtration preserving native protein structure for nutritional use. Falls under HTS 0404.90.70.00 as a natural whey constituent product, below the 80% threshold for albumin exclusion.

Skim Milk permeate Powder

Permeate powder from ultrafiltration of skim milk, containing lactose, minerals, and non-protein nitrogen as natural milk constituents. Classified in HTS 0404.90.70.00 as other natural milk products not specified elsewhere in the chapter.

Acid Whey Powder for Animal Feed

Dried acid whey from cheese production, containing natural whey components with elevated lactic acid, used primarily in animal nutrition. HTS 0404.90.70.00 covers this as unmodified whey not concentrated beyond drying or sweetened.

Sweet Dairy Whey Powder Unsweetened

Spray-dried sweet whey from cheddar cheese production without added sugar, retaining natural whey proteins, lactose, and minerals. Properly classified under HTS 0404.90.70.00 as basic whey product not modified or elsewhere specified.