HS Code for Whey

Whey is classified under HS code 040410 because it is a natural constituent of milk obtained during the cheese-making process or similar dairy operations. The Harmonized System places this product in Chapter 4, which covers dairy produce and other edible products of animal origin. Specifically, heading 0404 is reserved for whey, whether or not concentrated or containing added sugar or other sweetening matter, as well as products consisting of natural milk constituents. The classification 040410 specifically targets whey and modified whey, provided they have not been processed to the point of becoming a different chemical isolate. The determination for this code relies on the product being a byproduct of dairy processing where the protein content remains within the natural thresholds of the raw material. If the product is further refined to isolate specific proteins, the classification may shift to other chapters depending on the concentration and intended use.

Products Included

• Liquid whey resulting from cheese or casein manufacture
• Powdered whey (dried whey)
• Demineralized whey powder
• Acid whey and sweet whey
• Whey from which part of the lactose has been removed
• Whey with added sugar or sweetening agents

Common Misclassification

Whey is frequently misclassified under HS code 350220 or 350290. This occurs when the product is a whey protein concentrate (WPC) with a protein content exceeding 80% calculated on the dry matter. According to the General Interpretative Rules and Chapter 35 notes, such high-protein isolates are considered albumins rather than dairy produce. Additionally, food preparations containing whey but mixed with other ingredients like cocoa or cereal may fall under 190190 or 1806, depending on the cocoa content. It is also sometimes confused with 040490, which is for other products consisting of natural milk constituents not elsewhere specified.

FAQ

What is the HS code for Whey?

The primary HS code for whey, including concentrated or powdered forms, is 040410.

How does protein content affect the classification of whey?

If the whey product is a concentrate containing more than 80% whey protein by weight on a dry basis, it must be classified under heading 3502 as an albumin, rather than under 040410.