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Division 4 For the purposes of subheadings 0404 10 and 0404 90 the following applies:

United Kingdom

Original text. Later amendments are not shown.

Milk permeate and whey permeate can be analytically distinguished by the presence of substances (e.g. lactic acid, lactates and glycomacropeptides) which are associated with whey production.

Subheading 0404 10 includes ‘whey permeate’ which is a product with generally a slightly sour smell, obtained from whey or mixtures of natural whey constituents by ultrafiltration or other processing techniques.

The presence of substances associated with whey production (e.g. lactic acid, lactates and glycomacropeptides) is a condition for the classification of whey permeates into that subheading.

Subheading 0404 90 includes ‘milk permeate’ which is a product with generally a milky smell obtained from milk by ultrafiltration or other processing techniques. The quantitatively limited level or absence of lactic acid and lactates (max. 0,1 % by weight, in milk permeates in powder form, or max. 0,015 % by weight in milk permeates in liquid form) as well as the absence of glycomacropeptides, are the conditions for the classification of milk permeates into subheading 0404 90.

The method to be used for the detection of lactates shall be the ISO 8069:2005 method and the method to detect rennet whey (i.e. the presence of caseinomacropeptides such as glycomacropeptides) shall be the method set out in Annex XII to Commission Regulation (EC) No 273/2008f1.

Annotations

Footnotes

f1

Commission Regulation (EC) No 273/2008 of 5 March 2008 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards methods for the analysis and quality evaluation of milk and milk products (OJ L 88, 29.3.2008, p. 1).

Notes on Division CHAPTER 4

Footnotes

f1

WTO tariff quota.

f2

The duty on 100 kg of product is equal to the sum of the following:

  1. (a)

    the amount per kilogram shown, multiplied by the weight of lactic matter contained in 100 kg of product; and

  2. (b)

    the other amount indicated.

f3

The duty on 100 kg of product is equal to the amount per kilogram shown, multiplied by the weight of the dry lactic matter contained in 100 kg of product.

f4

The duty on 100 kg of product is equal to the sum of the following:

  1. (a)

    the amount per kilogram shown, multiplied by the weight of dry lactic matter contained in 100 kg of product; and

  2. (b)

    the other amount indicated.

f5

See Annex 1.

f6

Entry under this subheading is subject to the conditions laid down in the relevant provisions of the European Union (see Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (OJ L 269, 10.10.2013, p. 1)).

f7

Entry under this subheading is subject to the conditions laid down in the relevant provisions of the European Union (see Article 75(2) and (3) and Article 230 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (OJ L 347, 20.12.2013, p. 671)).

f8

Entry under this subheading is subject to the conditions laid down in section II, paragraph F, of the preliminary provisions.