Tariff Schedule Rulings D-Memoranda Trade Remedies PGA Requirements Sanctions Regimes

Heading 0405

Butter and other fats and oils derived from milk; dairy spreads.

3 subheadings

Subheadings

Related Advance Rulings

Explanatory Notes

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 (8000002825)

Butter and other fats and oils derived from milk; dairy spreads

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

Butter The term ‘butter’ is defined in note 2(a) and in subheading note 2 to this chapter. See also the HS Explanatory Note to heading 0405 , (A). Butter is an aqueous emulsion in milk-fat, the water being its dispersed phase and the fat its dispersion medium. On the other hand, cream (headings 0401 and 0402 ) — in which the percentage of fat may in some cases equal that of butter — is an...

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

Dairy spreads The expression ‘dairy spreads’ is defined in note 2(b) to this chapter. See also the HS Explanatory Note to heading 0405 , (B).

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

Other See subheading note 2 to this chapter and the HS Explanatory Note to heading 0405 , (C).

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

[19]Chapter 99 of the schedule toCustoms Tariff, which includes tariff item No. 9905.00.00, provides special classification provisions that allow certain goods to be imported into Canada duty-free. Such goods must first be classified under Chapters 1 to 97 (note 3 to Chapter 99). As each heading of Chapter 99 has only one subheading and one tariff item number, the Tribunal need only consider,...

Source: citt_decision (AP-2018-026)

[17].Rule 1 of theCanadian Rulesprovides that“the classification of goods in the tariff items of a subheading or of a heading shall be determined according to the terms of those tariff items and any related Supplementary Notes and, mutatis mutandis, to the [General Rules] . . .”and that“the relative Section, Chapter and Subheading Notes also apply, unless the context otherwise...

Source: citt_decision (AP-2018-026)

[26].Explanatory Note to the Order Amending the Passover Products Remission Order, C. Gaz. 1998.II.328. See Exhibit AP-2018-026-22, Vol. 1 at 12.

Source: citt_decision (AP-2018-026)

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

Source: citt_decision (AP-2018-026)

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

Source: citt_decision (AP-2018-026)

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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