Chapter notes
1. The expression "milk" means full cream milk or
partially or completely skimmed milk.
2. 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 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% or more but less than 80% 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 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.
4. This Chapter does not cover:
(a) Products obtained from whey, containing by weight
more than 95% lactose, expressed as anhydrous
lactose calculated on the dry matter (heading 17.02)
; or
(b) Albumins (including concentrates of two or more whey
proteins, containing by weight more than 80% whey
proteins, calculated on the dry matter)
(heading 35.02) or globulins (heading 3504.00.00).
Subheading Notes.
1. For the purposes of subheading 0404.10.00, 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 0405.10.00 the term
"butter" does not include dehydrated butter or ghee
(subheading 0405.90.00).