CHAPTER 4
DAIRY PRODUCE; BIRDS' EGGS; NATURAL HONEY; EDIBLE PRODUCTS OF ANIMAL ORIGIN,
NOT ELSEWHERE SPECIFIED OR INCLUDED
I
4-1
Notes
  • 1. The expression "milk" means full cream milk or partially or completely skimmed milk.
  • 2. For the purposes of heading 0405:
    • (a) The term "butter" means natural butter, whey butter or recombined butter (fresh, salted or rancid, including canned butter) derived exclusively from milk, with a milkfat content of 80 percent or more but not more than 95 percent by weight, a maximum milk solids-not-fat content of 2 percent by weight and a maximum water content of 16 percent by weight. Butter does not contain added emulsifiers, but may contain sodium chloride, food colors, neutralizing salts and cultures of harmless lactic-acid-producing bacteria.
    • (b) The expression "dairy spreads" means a spreadable emulsion of the water-in-oil type, containing milkfat as the only fat in the product, with a milkfat content of 39 percent or more but less than 80 percent by weight.
  • 3. Products obtained by the concentration of whey and with the addition of milk or milkfat are to be classified as cheese in heading 0406 provided that they have the three following characteristics:
    • (a) A milkfat content, by weight of the dry matter, of 5 percent or more;
    • (b) A dry matter content, by weight, of at least 70 percent but not exceeding 85 percent; and
    • (c) They are molded or capable of being molded.
  • 4. This chapter does not cover:
    • (a) Products obtained from whey, containing by weight more than 95 percent lactose, expressed as anhydrous lactose calculated on the dry matter (heading 1702);
    • (b) Products obtained from milk by replacing one or more of its natural constituents (for example, butyric fats) by another substance (for example, oleic fats) (heading 1901 or 2106); or
    • (c) Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 percent whey proteins, calculated on the dry matter) (heading 3502) or globulins (heading 3504).
Subheading Notes
  • 1. For the purposes of subheading 0404.10, the expression "modified whey" means products consisting of whey constituents, that is, whey from which all or part of the lactose, proteins or minerals have been removed, whey to which natural whey constituents have been added, and products obtained by mixing natural whey constituents.
  • 2. For the purposes of subheading 0405.10 the term "butter" does not include dehydrated butter or ghee (subheading 0405.90).
Additional U.S. Notes
  • 1. For the purposes of this schedule, the term "dairy products described in additional U.S. note 1 to chapter 4" means any of the following goods: malted milk, and articles of milk or cream (except (a) white chocolate and (b) inedible dried milk powders certified to be used for calibrating infrared milk analyzers); articles containing over 5.5 percent by weight of butterfat which are suitable for use as ingredients in the commercial production of edible articles (except articles within the scope of other import quotas provided for in additional U.S. notes 2 and 3 to chapter 18); or, dried milk, whey or buttermilk (of the type provided for in subheadings 0402.10, 0402.21, 0403.90 or 0404.10) which contains not over 5.5 percent by weight of butterfat and which is mixed with other ingredients, including but not limited to sugar, if such mixtures contain over 16 percent milk solids by weight, are capable of being further processed or mixed with similar or other ingredients and are not prepared for marketing to the ultimate consumer in the identical form and package in which imported.
  • 2. For the purposes of this schedule, the expression "EU27" refers to articles the product of one of the following: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, the Federal Republic of Germany, Hungary, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Spain, Slovenia, the Slovak Republic, Sweden or the United Kingdom.
  • 3. For the purposes of this chapter, the term "soft ripened cow's milk cheese" means cheese which:
    • (a) Has a prominent crust formed on the exterior surface as a result of curing or ripening by biological curing agents such as molds, yeasts or other microorganisms;
    • (b) Visibly cures or ripens from the surface toward the center;
    • (c) Has a fat content by weight (on a moisture-free basis) of not less than 50 percent; and
    • (d) Has a moisture content (calculated by weight of the non-fatty matter) of not less than 65 percent, but does not include cheese with mold distributed throughout its interior.
  • 4. For the purposes of this chapter, unless the context otherwise requires:
    • (a) the term "capable of being processed or mixed with similar or other ingredients" means that the imported product is in such condition or container as to be subject to any additional preparation, treatment or manufacture or be blended or combined with any additional ingredient, including water or any other liquid, other than processing or mixing with other ingredients performed by the ultimate consumer prior to consumption of the product;
    • (b) the term "prepared for marketing to the ultimate consumer in the identical form and package in which imported" means that the product is imported in packaging of such sizes and labelling as to be readily identifiable as being intended for retail sale to the ultimate consumer without any alteration in the form of the product or its packaging; and
    • (c) the term "ultimate consumer" does not include institutions such as hospitals, prisons and military establishments or food service establishments such as restaurants, hotels, bars or bakeries.
  • 5. The aggregate quantity of milk and cream, fluid or frozen, fresh or sour, containing over 6 percent but not over 45 percent by weight of butterfat, the foregoing goods entered under subheadings 0401.40.05, 0401.50.05 and 0403.90.04 in any calendar year shall not exceed 6,694,840 liters (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
  • 6. The aggregate quantity of butter, and fresh or sour cream containing over 45 percent by weight of butterfat, the foregoing goods entered under subheadings 0401.50.50, 0403.90.74 and 0405.10.10 in any calendar year shall not exceed 6,977,000 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 7. The aggregate quantity of dried milk, whether or not containing added sugar or other sweetening matter, entered under subheadings 0402.10.10 and 0402.21.05 in any calendar year shall not exceed 5,261,000 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 8. The aggregate quantity of dried milk and dried cream, whether or not containing added sugar or other sweetening matter, the foregoing goods entered under subheadings 0402.21.30 and 0403.90.51 in any calendar year shall not exceed 3,321,300 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 9. The aggregate quantity of dried milk and dried cream, whether or not containing added sugar or other sweetening matter, the foregoing goods entered under subheadings 0402.21.75 and 0403.90.61 in any calendar year shall not exceed 99,500 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
  • 10. The aggregate quantity of dairy products described in additional U.S. note 1 to chapter 4, entered under subheadings 0402.29.10, 0402.99.70, 0403.10.10, 0403.90.90, 0404.10.11, 0404.90.30, 0405.20.60, 1517.90.50, 1704.90.54, 1806.20.81, 1806.32.60, 1806.90.05, 1901.10.21,1901.10.41,1901.10.54,1901.10.64, 1901.20.05, 1901.20.45, 1901.90.61, 1901.90.64, 2105.00.30, 2106.90.06, 2106.90.64, 2106.90.85 and 2202.99.24 in any calendar year shall not exceed 4,105,000 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
  • 11. The aggregate quantity of milk and cream, condensed or evaporated, the foregoing goods entered under subheadings 0402.91.10, 0402.91.30, 0402.99.10 and 0402.99.30 in any calendar year shall not exceed 6,857,300 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
  • Quantity
    (kg)
    Australia:
    condensed, in airtight containers91,625
    Canada:
    evaporated, in airtight containers31,751
    condensed, in airtight containers994,274
    other condensed2,267
    Denmark:
    evaporated, in airtight containers4,989
    condensed, in airtight containers 605,092
    Germany:
    evaporated, in airtight containers9,979
    Netherlands:
    evaporated, in airtight containers 548,393
    condensed, in airtight containers 153,314
  • 12. The aggregate quantity of dried milk, dried cream and dried whey, the foregoing whether or not containing added sugar or other sweetening matter and entered under subheadings 0403.90.41 and 0404.10.50 in any calendar year shall not exceed 296,000 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Imports under these provisions not in excess of 224,981 kilograms in any calendar year require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 13. For purposes of subheading 0404.90.10, the term "milk protein concentrate" means any complete milk protein (casein plus lactalbumin) concentrate that is 40 percent or more protein by weight.
  • 14. The aggregate quantity of butter substitutes containing over 45 percent by weight of butterfat, entered under subheadings 0405.20.20, 0405.90.10, 2106.90.24 and 2106.90.34 and butter oil however provided for in this schedule in any calendar year shall not exceed 6,080,500 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 15. No allowance in weight shall be made for inedible, not readily removable, protective coverings of cheese.
  • 16. The aggregate quantity of cheeses and substitutes for cheese (except (i) cheese not containing cow's milk; (ii) soft ripened cow's milk cheese; (iii) cheese (except cottage cheese) containing 0.5 percent or less by weight of butterfat; and, (iv) articles within the scope of other import quotas provided for in additional U.S. notes 17 through 25, inclusive, to this chapter), the foregoing goods entered under subheadings 0406.10.04, 0406.10.84, 0406.20.89, 0406.30.89 and 0406.90.95 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Quantity
    (kg)
    Argentina100,000
    Australia3,050,000
    Canada1,141,000
    Costa Rica1,550,000
    EU 2727,846,224
    Iceland323,000
    Israel673,000
    New Zealand11,322,000
    Norway150,000
    Switzerland1,720,000
    Uruguay250,000
    Other countries or areas201,635
    Any country300,000
    Of the quantitative limitations provided for in this note for the EU 27, Portugal shall have access to a quantity of not less than 353,000 kilograms.
    Of the quantitative limitations provided for in this note for Israel, no more than 160,000 kilograms shall contain more than 3 percent by weight of butterfat.
    Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 17. The aggregate quantity of blue-mold cheese (except Stilton produced in the United Kingdom) and cheese and substitutes for cheese containing, or processed from, blue-mold cheese, the foregoing goods entered under subheadings 0406.10.14, 0406.20.24, 0406.20.61, 0406.30.14, 0406.30.61, 0406.40.54, 0406.40.58 and 0406.90.72 in any calendar year, shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Quantity
    (kg)
    Argentina2,000
    Chile80,000
    EU 272,829,000
    Other countries or areas1
    Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 18.
    • (a) The aggregate quantity of Cheddar cheese and cheese and substitutes for cheese containing, or processed from Cheddar cheese, the foregoing goods entered under subheadings 0406.10.24, 0406.20.31, 0406.20.65, 0406.30.24, 0406.30.65, 0406.90.08 and 0406.90.76 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    • Quantity
      (kg)
      Australia2,450,000
      Canada833,417
      Chile220,000
      EU 271,313,000
      New Zealand8,200,000
      Other countries or areas139,889
      Any country100,000
    • (b) Except as provided in (c), imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
    • (c) No license shall be required under subheadings 0406.20.31 and 0406.90.08 for an aggregate quantity of up to 833,417 kilograms per quota year of natural Cheddar cheese, the product of Canada, which was made from unpasteurized milk and aged not less than 9 months, and which prior to exportation has been certified as meeting such requirements by an official of the Canadian government.
  • 19. The aggregate quantity of American-type cheese, including Colby, washed curd and granular cheese (but not including Cheddar cheese), and cheese and substitutes for cheese containing, or processed from, such American-type cheese, the foregoing goods entered under subheadings 0406.10.34, 0406.20.36, 0406.20.69, 0406.30.34, 0406.30.69, 0406.90.52 and 0406.90.82 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Quantity
    (kg)
    Australia1,000,000
    EU 27354,000
    New Zealand2,000,000
    Other countries or areas168,556
    Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 20. The aggregate quantity of Edam and Gouda cheeses and of cheese and substitutes for cheese containing, or processed from, Edam and Gouda cheese, the foregoing goods entered under subheadings 0406.10.44, 0406.20.44, 0406.20.73, 0406.30.44, 0406.30.73, 0406.90.16 and 0406.90.86 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Quantity
    (kg)
    Argentina235,000
    EU 276,389,000
    Norway167,000
    Other countries or areas25,402
    Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 21. The aggregate quantity of Italian-type cheeses, made from cow's milk, in original loaves (Romano made from cow's milk, Reggiano, Parmesan, Provolone, Provoletti and Sbrinz); and Italian-type cheeses, made from cow's milk, not in original loaves (Romano made from cow's milk, Reggiano, Parmesan, Provolone, Provoletti, Sbrinz and Goya) and of cheese and substitutes for cheese containing, or processed from, such Italian-type cheeses, whether or not in original loaves, the foregoing goods entered under subheading 0406.10.54, 0406.20.51, 0406.20.77, 0406.30.77, 0406.90.31, 0406.90.36, 0406.90.41 and 0406.90.66 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Quantity
    (kg)
    Argentina6,383,000
    EU 275,407,000
    Romania500,000
    Uruguay1,178,000
    Other countries or areas13,064
    Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 22. The aggregate quantity of Swiss or Emmentaler cheese other than with eye formation, Gruyere-process cheese and of cheese and substitutes for cheese containing, or processed from, such cheeses, the foregoing goods entered under subheadings 0406.10.64, 0406.20.81, 0406.30.51, 0406.30.81 and 0406.90.90 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Quantity
    (kg)
    EU 275,925,000
    Switzerland1,850,000
    Other countries or areas79,833
    Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 23. The aggregate quantity of cheese, and substitutes for cheese, containing 0.5 percent or less by weight of butterfat (except articles within the scope of other import quotas provided for in additional U.S. notes 16 through 22, inclusive, or additional U.S. notes 24 and 25 to this chapter) and margarine cheese, the foregoing goods entered under subheadings 0406.10.74, 0406.20.85, 0406.30.85, 0406.90.93 and 1901.90.34 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Quantity
    (kg)
    EU 274,424,907
    New Zealand1,000,000
    Israel50,000
    Other countries or areas1
    Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 24. Stilton cheese, the product of the United Kingdom, the foregoing good entered under subheadings 0406.20.15, 0406.30.05, 0406.40.44 or 0406.40.48 during any calendar year shall not be subject to limits on the quantity of such cheese imported into the United States. Stilton cheese, other than the product of the United Kingdom, shall be classified as appropriate in the subheadings for blue-mold cheeses and is subject to any quantitative limitation on such cheeses.
  • 25. The aggregate quantity of Swiss and Emmentaler cheese with eye formation, the foregoing goods entered under subheading 0406.90.46 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).
    Quantity
    (kg)
    Argentina80,000
    Australia500,000
    Canada70,000
    EU 2722,900,000
    Iceland300,000
    Israel27,000
    Norway6,883,000
    Switzerland3,630,000
    Other countries or areas85,276
    Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
  • 26. The importation of eggs of wild birds is prohibited, except eggs of game birds imported for propagating purposes under regulations prescribed by the Secretary of the Interior and specimens imported for scientific collections.
  • Statistical Notes
    • 1. The unit of quantity "kg cmsc" (kilograms cows' milk solids content) includes all cows' milk components other than water.
    • 2. For a list of approved standards for "Certified organic", see General Statistical Note 6.
    Compiler's Note
    The provisions of subchapter II of chapter 99 (Miscellaneous Tariff Bills or MTBs), the provisions of the Generalized System of Preferences (GSP) found in General Note 4 and most product exclusions from the additional tariffs on products of China in subchapter III of chapter 99 expired on December 31, 2020. However, no endnotes or footnotes relating to these provisions have been deleted as of the issue date of this edition.

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