What is the duty rate for HTS 040410?

The current 2026 General duty rate for HTS 040410 is 8.5%. Special (FTA) rate: Free (A,AU,BH,CL,CO,D,E,IL,JO,KR,MA,OM,P,PA,PE,S,SG). Always verify with CBP before importing as Section 301, Section 232, and anti-dumping duties may also apply depending on country of origin.

What products are classified under HTS 040410?

HTS 040410 covers whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter. This 6-digit Harmonized Tariff Schedule subheading includes 10 8-digit and 10-digit statistical suffixes — see the full classification table on this page for the specific product descriptions and applicable duty rates.

Can I get duty-free treatment for goods classified under HTS 040410?

Many products under HTS 040410 qualify for duty-free treatment under US Free Trade Agreements (USMCA, KORUS, and others) if they meet the applicable rules of origin. Check the Special rate column for your country. FTA preferences require origin certification documentation.

How do I verify the correct HTS classification for my product?

Request a binding ruling from CBP's National Commodity Specialist Division for the most reliable classification. Classification depends on the product's composition, function, and the General Rules of Interpretation (GRI). Consult a licensed customs broker for complex classifications. Misclassification can result in retroactive duties and penalties.

How do I find the correct HTS code for my product?

Start with the General Rules of Interpretation (GRI) and identify your product's function, composition, and form. Check the Section Notes and Chapter Notes for your product's chapter. Use CBP's online CROSS database for published ruling precedents. For binding certainty, request a written ruling from CBP's National Commodity Specialist Division.

What additional duties might apply beyond the base MFN rate?

Three main categories of additional duties may apply: Section 301 tariffs (7.5-25% on Chinese-origin goods), Section 232 tariffs (10-25% on steel and aluminum), and anti-dumping/countervailing duties (ADD/CVD, which vary by product and country). Some products face multiple overlapping duties. Check all applicable trade remedies for your specific product and origin.

Can I reduce or eliminate import duties legally?

Yes, through several strategies: (1) Use Free Trade Agreements — USMCA, KORUS, and other FTAs provide duty-free treatment for qualifying goods; (2) Tariff engineering — legally modify your product's design or materials to qualify for a lower-duty classification; (3) Verify correct classification — overpayment due to misclassification is common and preventable; (4) Apply for Chapter 99 exclusions from Section 301 duties where available.

What is a CBP binding ruling and should I get one?

A CBP binding ruling is a written determination from CBP's National Commodity Specialist Division that establishes the correct HTS classification for your product. It is binding on CBP at all ports of entry. If you import high-value products or products with ambiguous classification, a binding ruling provides legal certainty and protects you from retroactive duty assessments.

How often do HTS duty rates change?

MFN duty rates are relatively stable, changing only through congressional legislation or trade agreement modifications. However, Section 301 tariff rates and exclusions change frequently — USTR updates exclusion lists periodically. Anti-dumping duties are reviewed every 5 years (sunset reviews) but can be modified at any time. Section 232 rates are adjusted by presidential proclamation. Check current rates before each import.

HTS Subheading 2026 Rates 10 sub-classifications

HTS Code 040410: Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter: — 2026 US Tariff Rates

Quick Answer

HTS 040410 = Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter:
Duty rate: 8.5% · Unit: 04-digit · Column 1: 8.5%

Complete Classification Table

All 8-digit and 10-digit tariff codes under HTS subheading 040410. Use this table to find the correct statistical suffix and applicable duty rate for your product.

HTS Code	Full Description	General Rate	Special Rate	Column 2 Rate
`0404.10.05.00`	Whey protein concentrates	8.5%	Free (A,AU,BH,CL,CO,D,E,IL,JO,KR,MA,OM,P,PA,PE,S,SG)	20%
`0404.10.08.00`	Described in general note 15 of the tariff schedule and entered pursuant to its provisions	13%	Free (A+,AU,BH,CL,CO,D,E,IL,JO,KR,MA,OM,P,PA,PE,S,SG)	20%
`0404.10.11.00`	Described in additional U.S. note 10 to this chapter and entered pursuant to its provisions	13%	Free (A+,AU,BH,CL,CO,D,E,IL,JO,KR,MA,OM,P,PA,PE,S,SG)	20%
`0404.10.15.00`	Other	$1.035/kg + 8.5%	Free (BH,CL,JO,KR,MA,OM,P,PA,PE,SG) See 9822.04.25 (AU) See 9823.06.01-9823.06.09 (S+) See 9918.04.60, 9918.04.65 (CO)	$1.217/kg + 10%
`0404.10.20.00`	Fluid	0.34¢/liter	Free (A+,AU,BH,CL,CO,D,E, IL,JO,KR,MA,OM,P,PA, PE,S,SG)	0.5¢/liter
`0404.10.48.00`	Described in general note 15 of the tariff schedule and entered pursuant to its provisions	3.3¢/kg	Free (A+,AU,BH,CL,CO,D,E,IL,JO,KR,MA,OM,P,PA,PE,S,SG)	6.6¢/kg
`0404.10.50`	Described in additional U.S. note 12 to this chapter and entered pursuant to its provisions	3.3¢/kg	Free (A+,BH,CL,CO,D,E,IL,JO,KR,MA,OM,P,PA,PE,S,SG)	6.6¢/kg
`0404.10.50.10`	Articles for which an import license is required	—	—	—
`0404.10.50.90`	Other	—	—	—
`0404.10.90.00`	Other	87.6¢/kg	Free (BH,CL,CO,JO,KR,MA,OM,P,PA,PE,SG) See 9822.04.20 (AU) See 9823.06.01-9823.06.09 (S+)	$1.03/kg

Duty Estimator

This page lists rates that may be ad valorem, specific, compound, or quota-based. The automatic estimator is intentionally disabled so a quantity-based rate is never mistaken for a percentage. Use the exact suffix, unit of quantity, origin, and current CBP guidance before calculating a shipment.

At a Glance

The General duty rate for HTS 040410 is 8.5% · 10 statistical suffixes · 0 duty-free.
8 sub-classifications offer Special (FTA) rate preferences — check the Special column for USMCA, KORUS, and other FTA eligibility.
This code falls under a chapter covering products classified under this chapter.

Quick Answer: HTS 040410 Duty Rates

HTS subheading 040410 (whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter:) contains 10 sub-classifications. Suffix 0404.10.05.00: General rate 8.5%, Special (FTA): Free (A,AU,BH,CL,CO,D,E,IL,JO,KR,MA,OM,P,PA,PE,S,SG). Suffix 0404.10.08.00: General rate 13%, Special (FTA): Free (A+,AU,BH,CL,CO,D,E,IL,JO,KR,MA,OM,P,PA,PE,S,SG). Suffix 0404.10.11.00: General rate 13%, Special (FTA): Free (A+,AU,BH,CL,CO,D,E,IL,JO,KR,MA,OM,P,PA,PE,S,SG). Always verify with CBP — Section 301, Section 232, and ADD/CVD may apply.

Importing Under HTS 040410: What Importers Ask

Does this HTS code require USDA or FDA clearance?

Yes — most agricultural and food products under this HTS chapter require USDA phytosanitary certificates, FDA prior notice, or FSVP compliance. Verify your specific product's regulatory requirements with USDA APHIS or FDA before importing.

Are there seasonal or country-specific tariff restrictions on this product?

Many agricultural products face seasonal duty rates, country-specific quotas, or anti-dumping orders. Check the Special rate column for FTA preferences and review USDA FAS for current commodity-specific trade restrictions affecting your country of origin.

How do I handle perishable goods entering under this classification?

Perishable imports require coordinated logistics — CBP agricultural specialists must inspect fresh produce, meat, and seafood before release. Arrange for cold chain storage at the port of entry and factor FDA or USDA hold times into your shipment planning. Prior notice and electronic filing can reduce inspection delays.

What Importers Need to Know About HTS Chapter 04

This subheading falls under an HTS chapter covering products classified under this heading of the Harmonized Tariff Schedule. Importers of these products should be aware of the following trade compliance considerations:

Importers should verify classification with CBP or a licensed customs broker. Check whether Section 301, Section 232, or anti-dumping/countervailing duties apply to your product based on country of origin and specific HTS classification.

For the specific subheading HTS 040410, we recommend you:

Verify the correct 10-digit statistical suffix — even within a 6-digit subheading, duty rates can differ significantly between suffixes
Check FTA eligibility — if your product qualifies for preferential treatment under USMCA, KORUS, or another FTA, you may reduce or eliminate duties by providing the required origin certification
Monitor for trade remedy changes — Section 301, Section 232, and anti-dumping duties are updated periodically. A rate that was correct last quarter may have changed
Consult CBP resources — for binding classification rulings, CBP's National Commodity Specialist Division provides written determinations

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Official Sources

PoliteDraft recommends verifying duty rates directly with official government sources before filing import documentation.

PoliteDraft Editorial Team Trade Compliance Writer

Independent editors organize official USITC HTS data and explain how to check the exact suffix, unit, origin, and trade remedies. This site is a research reference, not a customs broker, attorney, or classification opinion.

Data source: USITC HTS 2026 Rev. 19 Last processed: 2026-09-15 Sub-classifications: 10

Related HTS Codes in This Section

040110 040120 040140 040150 040210 040221 040229 040291

Browse All HTS Codes in This Section

See the complete list of HTS subheadings under the same section as 040410.

View Section Overview →

<strong>Editorial note:</strong> The first listed General rate for HTS 040410 (Whey and modified whey, whether or not concentrated or conta) is 8.5%. Rates can differ by suffix, origin, and trade remedy; verify the exact line in the current USITC schedule and with CBP or a licensed customs broker.