Whey Protein Powder

A powdered food preparation made from whey (heading 0404), blended with malt extract and minimal starch for enhanced solubility and flavor. Classified under HTS 1901.90.65.00 as a dairy-based preparation not elsewhere specified, containing less than 5% cocoa and described in additional U.S. note 1 to chapter 4.

Import Duty Rates by Country of Origin

Origin CountryMFN RateCh.99 SurchargesTotal Effective Rate
🇨🇳China13.6%+17.5%31.1%
🇲🇽Mexico13.6%+10.0%23.6%
🇨🇦Canada13.6%+10.0%23.6%
🇩🇪Germany13.6%+10.0%23.6%
🇯🇵Japan13.6%+10.0%23.6%

Alternative Classifications

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

2106.90.36.00Lower: 17.5% vs 31.1%

If marketed primarily as a dietary supplement

Food preparations not specifically from chapter 4 dairy shift to Chapter 21 as protein concentrates.

0404.10Lower: 18.5% vs 31.1%

If unblended whey powder without added flour/malt

Pure whey products remain in heading 0404 before food prep processing of chapter 19.

1901.10Lower: 16.4% vs 31.1%

If containing vegetable fats and infant food ingredients

Mixtures with vegetable fats meeting infant criteria move to 1901.10 mixed infant preparations.

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Import Tips & Compliance

Verify cows’ milk solids content (kg cmsc) via lab testing to confirm dairy note 1 compliance and accurate duty calculation

Provide certificates of analysis proving <5% cocoa and no infant formula status to prevent reclassification

Label precisely with dairy content and avoid 'infant food' claims to stay out of 1901.10 quotas