Whey Protein Powder from China

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.

Duty Rate — China → United States

31.1%

Rate breakdown

9903.03.0110%Except for products described in headings 9903.03.02–9903.03.11, articles the product of any country, as provided for in subdivision (aa) of U.S. note 2 to this subchapter
9903.88.157.5%Except as provided in headings 9903.88.39, 9903.88.42, 9903.88.44, 9903.88.47, 9903.88.49, 9903.88.51, 9903.88.53, 9903.88.55, 9903.88.57, 9903.88.65, 9903.88.66, 9903.88.67, 9903.88.68, or 9903.88.69, articles the product of China, as provided for in U.S. note 20(r) to this subchapter and as provided for in the subheadings enumerated in U.S. note 20(s)

Import Tips

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