Whey Butter
Whey butter is produced from the fat recovered from whey, a milk processing byproduct, typically with composition exceeding butter's solids-not-fat limits despite 80%+ milkfat. It qualifies for HTS 0405.90.20.40 as 'other' dairy fats derived from milk per Chapter 0405 note (a) including whey butter but not meeting exact butter specs. Used in industrial baking and confectionery.
Import Duty Rates by Country of Origin
Alternative Classifications
This product could be classified differently depending on its characteristics or intended use.
If unsalted and precisely meets butter definition
Only whey butter identical to natural butter specs (fat, water, solids limits) goes under 0405.10 unsalted butter
If whey-derived with >95% lactose dry matter
High-lactose whey products classify under whey preparations in 0404 per Chapter exclusions
If animal fat not exclusively dairy
Non-dairy animal fats like lard/tallow head to Chapter 15
Not sure which classification is right?
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Import Tips & Compliance
• Document whey origin and fat extraction process to distinguish from cream butter; secure USDA license for butter substitute quota
• Test for exact milkfat (80-95%) and solids-not-fat (<2%) to prevent disputes; Mexican-origin prohibited under quota notes
Related Products under HTS 0405.90.20.40
Anhydrous Milkfat Butter Oil
Anhydrous milkfat, also known as butter oil, is a concentrated dairy fat product derived from milk with nearly 100% milkfat content after water, non-fat solids, and impurities are removed. It falls under HTS 0405.90.20.40 as 'other' dairy fats and oils from milk that do not meet the strict butter definition (80-95% fat, max 2% solids-not-fat, max 16% water) in heading 0405 notes. Commonly used in food manufacturing for its long shelf life and pure fat profile.
Ghee Clarified Butter
Ghee is clarified butter made by heating butter to separate milk solids and water, resulting in a product with over 99% milkfat that does not meet the water and solids limits for natural butter. Classified under HTS 0405.90.20.40 as 'other' per subheading note excluding dehydrated butter/ghee from 0405.10 butter definition. Traditional in Indian/South Asian cuisine for cooking and religious uses.
Recombined Butter
Recombined butter is manufactured by recombining milkfat with water, solids, and cultures to mimic butter but often exceeds compositional tolerances like water or solids-not-fat content. Falls under HTS 0405.90.20.40 as 'other' per heading 0405 note (a) explicitly including recombined butter outside strict butter parameters. Common in regions with limited fresh cream supply.
Rancid Butter Oil
Rancid butter oil is aged or naturally fermented butter-derived fat with off-flavors but still >95% milkfat, used in specialty cheeses or flavorings. Classified in HTS 0405.90.20.40 as 'other' including rancid forms per heading note (a), outside fresh butter limits on solids/water. Provides unique umami in gourmet applications.
Dehydrated Butter Powder
Dehydrated butter powder is spray-dried butter with milkfat reconstituted onto carriers like whey or maltodextrin, resulting in powder form >45% butterfat. HTS 0405.90.20.40 covers as 'other' excluding true butter; used in instant foods and baking mixes. Exceeds water limits (essentially 0% water).
High-Fat Dairy Spread
High-fat dairy spread is a butter-like product with 70-79% milkfat, spreadable emulsion not meeting dairy spread (39-80%) or butter thresholds due to formulation. Under HTS 0405.90.20.40 as residual 'other' dairy fats from milk. Popular for artisanal bread toppings.