Nomenclo
Food preparations not elsewhere specified or included > Protein concentrates and textured protein substances
Section IV: Prepared foodstuffs; beverages, spirits and vinegar; tobacco and manufactured tobacco substitutes; Products, whether or not containing nicotine, intended for inhalation without combustion; Other nicotine containing products intended for the intake of nicotine into the human body · Chapter 21: Miscellaneous edible preparations · Heading 2106: Food preparations not elsewhere specified or included
Retail whey protein powders for sports or diet use are normally flavoured and sweetened, and often contain emulsifiers, vitamins or minerals. Mixtures like this go beyond plain whey or albumin and are commonly classified as food preparations in heading 2106. Subheading 2106.10 covers protein concentrates. Plain unflavoured product would be classified differently. With whey proteins at or below 80% of dry matter it is modified whey of 0404.10 (Subheading Note 1). Above 80% it is milk albumin of 3502.20 (Chapter 4 Note 5(d)). A flavoured concentrate base could also point to 1901.90. Composition is unknown, so review is required.
Rules applied: GRI 1, Chapter 4 Note 5(d), Chapter 4 Subheading Note 1, GRI 6.
| Code | Description | Why not |
|---|---|---|
| 0404.10 | Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included > Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter | Applies only to plain whey protein concentrate with no more than 80% whey protein on dry matter and no non-dairy additives. |
| 3502.20 | Albumins (including concentrates of two or more whey proteins, containing by weight more than 80% whey proteins, calculated on the dry matter), albuminates and other albumin derivatives > Milk albumin, including concentrates of two or more whey proteins | Applies only to unflavoured whey protein isolate with more than 80% whey proteins on dry matter. |
| 1901.90 | Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included > Other | Possible for flavoured preparations based on 0404 whey concentrate. Practice for sports protein powders usually favours 2106. |
Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1.5% milkfat, 5% sucrose or isoglucose, 5% glucose or starch > Other
Confidence 0.50. Whey protein is not soya or pea, so the residual 'Other' line under the no-milkfat/low-sugar branch (2106.10) is the best fit, since composition details such as milkfat and sugar content are unknown and cannot support the more specific added-sugar or milkfat branch.
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