Jadual Tarif Ruling D-Memoranda Remedi Perdagangan Keperluan PGA Rejim Sekatan

Heading 0401

Milk and cream, not concentrated nor containing added sugar or other sweetening matter.

4 subheadings

Subheading

Ruling Pendahuluan Berkaitan

Nota Penerangan

Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Compendium of Classification Opinions and Explanatory Notes to the Harmonized Commodity Description and Coding System (HS). General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease...

Source: advance_ruling (8000005357)

Milk and cream, not concentrated nor containing added sugar or other sweetening matter In so far as the products contain no additions other than those provided for in the HS General Explanatory Note to this chapter, second paragraph, this heading includes: 1.  full-cream milk, unprocessed, and such milk partially or completely skimmed; 2.  pasteurised milk, i.e., milk, the keeping qualities of...

Source: eu_cn_en (EUR-Lex 02019XC0329(02)-20250113)

[37]and theExplanatory Notes to the Harmonized CommodityDescriptionand Coding System,

Source: citt_decision (AP-2022-001)

[38]published by the WCO. While the classification opinions and explanatory notes are not binding on the Tribunal, it applies them unless there is a sound reason to do otherwise.

Source: citt_decision (AP-2022-001)

This heading also covers fresh or preserved products consisting of natural milk constituents, which do not have the same composition as the natural product, provided they are not more specifically covered elsewhere. Thus the heading includes products which lack one or more natural milk constituents, milk to which natural milk constituents have been added (to obtain, for example, a protein-rich...

Source: citt_decision (AP-2022-001)

[18]All relevant notes to chapters and explanatory notes are set out in Annex A of these reasons.

Source: citt_decision (AP-2019-004)

[8]and theExplanatory Notes to the Harmonized Commodity Description and Coding System,

Source: citt_decision (AP-2019-004)

[9]published by the WCO. While classification opinions and explanatory notes are not binding, the Tribunal will apply them unless there is sound reason to do otherwise.

Source: citt_decision (AP-2019-004)

[15]The Tribunal must therefore first determine whether the goods in issue can be classified at the heading level according to Rule 1 of theGeneral Rulesas per the terms of the headings and any relative section or chapter notes in theCustoms Tariff, having regard to any relevant classification opinions and explanatory notes. As the Supreme Court of Canada indicated inIgloo Vikski, it is “only...

Source: citt_decision (AP-2019-004)

[24]In addition to the terms of the headings, the explanatory notes provide further direction for the tariff classification of the goods in issue.

Source: citt_decision (AP-2019-004)

Chapter 4 Notes (5)
1. 1. The expression "milk" means full cream milk or partially or completely skimmed milk.
2. 2. For the purposes of heading 04.03, yogurt may be concentrated or flavoured 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. 3. For the purposes of heading 04.05: • (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% or more but not more than 95% by weight, a maximum milk solids-not-fat content of 2% by weight and a maximum water content of 16% by weight. Butter does not contain added emulsifiers, but may contain sodium chloride, food colours, neutralising salts and...
4. 4. Products obtained by the concentration of whey and with the addition of milk or milkfat are to be classified as cheese in heading 04.06 provided that they have the three following characteristics: • (a) a milkfat content, by weight of the dry matter, of 5% or more; • (b) a dry matter content, by weight, of at least 70% but not exceeding 85%; and • (c) they are moulded or capable of being moulded.
5. 5. This Chapter does not cover: • (a) Non-living insects, unfit for human consumption (heading 05.11); • (b) Products obtained from whey, containing by weight more than 95% lactose, expressed as anhydrous lactose calculated on the dry matter (heading 17.02); • (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 19.01 or 21.06); or • (d) Albumins (including concentrates...

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