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 0403, yogurt may be concentrated or flavored and may contain added sugar or other sweetening matter, fruit, nuts, cocoa, chocolate, spices, coffee or coffee extracts, plants, parts of plants, cereals or bakers? wares, provided that any added substance is not used for the purpose of replacing, in whole or in part, any milk constituent, and the product retains the essential character of yogurt.   
3.  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.
4.  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.
5.  This chapter does not cover:  
(a) Non-living insects, unfit for human consumption (heading 0511);
    (b)    Products obtained from whey, containing by weight more than 95 percent lactose, expressed as anhydrous lactose calculated on the dry matter (heading 1702);   
  (c)  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  
  (d)  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).   
  6. For the purposes of heading 0410, the term ?insects? means edible non-living insects, whole or in parts, fresh, chilled, frozen, dried, smoked, salted or in brine, as well as flours and meals of insects, fit for human consumption. However, it does not cover edible non-living insects, otherwise prepared or preserved (generally section IV).
  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 "EU 27" refers to articles the product of one of the following: Austria, Belgium, Bulgaria, Croatia, 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 or Sweden.   
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).