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04
Official Chapter GuideDairy products, birds' eggs, honey, and some animal-based edibles not otherwise classified.
Tariff Landscape
Overview
- Most dairy products have specific duty levels influenced by quota and non-quota classification.
- Licenses are often required for high quota items.
- Section 301 tariffs may apply to specific dairy imports based on origin, particularly in response to geopolitical factors.
- Goods often subject to additional supervision and compliance due to USTR regulations.
Classification Strategy
Advice
- Misclassification issues often arise with products that add non-milk ingredients and still resemble traditional dairy.
- Whey products and cheese derivatives can be confusing, particularly with lactose content thresholds.
- Careful attention is needed when classifying products near the boundary of 0405 and other headings involving altered milk components.
Legal Framework
Executive Summary
Summary
- Milk covers full cream to skimmed milk.
- Yogurt can include additives but must retain yogurt's character.
- Butter is natural or recombined with specific fat and moisture content.
- Dairy spreads must only contain milkfat and have certain fat percentages.
- Some whey products classified as cheese if meeting specific fat and dry matter criteria.
- Excludes non-living insects (unfit for consumption), lactose-rich whey, altered milk products, certain proteins.
- Insects classified as edible or in specific forms are included.
Exclusions
- Non-living insects unfit for consumption.
- Whey products with over 95% lactose.
- Products replacing milk components with other substances.
- Certain albumins and globulins.
Definitions
- "Milk" includes all types from full to skimmed.
- "Butter" must have 80-95% milkfat and under 16% water.
- "Soft ripened cow's milk cheese" has specific fat and moisture requirements.