0406.40

1. Any reference in this section to a particular genus or species of an animal, except where the context otherwise requires, includes a reference to the young of that genus or species.

2. Except where the context otherwise requires, throughout the tariff schedule any reference to "dried" products also covers products which have been dehydrated, evaporated or freeze-dried.

1. The expression "milk" means full cream milk or partially or completely skimmed milk.

2. For the purposes of heading 0403, yogurt may be concentrated or flavored 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. For the purposes of heading 0405:

(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 percent or more but not more than 95 percent by weight, a maximum milk solids-not-fat content of 2 percent by weight and a maximum water content of 16 percent by weight. Butter does not contain added emulsifiers, but may contain sodium chloride, food colors, neutralizing 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 percent or more but less than 80 percent by weight.

4. Products obtained by the concentration of whey and with the addition of milk or milkfat are to be classified as cheese in heading 0406 provided that they have the three following characteristics:

(a) A milkfat content, by weight of the dry matter, of 5 percent or more;

(b) A dry matter content, by weight, of at least 70 percent but not exceeding 85 percent; and

(c) They are molded or capable of being molded.

5. This chapter does not cover:

(a) Non-living insects, unfit for human consumption (heading 0511);

(b) Products obtained from whey, containing by weight more than 95 percent lactose, expressed as anhydrous lactose calculated on the dry matter (heading 1702);

(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 1901 or 2106); or

(d) Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 percent whey proteins, calculated on the dry matter) (heading 3502) or globulins (heading 3504).

6. For the purposes of heading 0410, the term “insects” means edible non-living insects, whole or in parts, fresh, chilled, frozen, dried, smoked, salted or in brine, as well as flours and meals of insects, fit for human consumption. However, it does not cover edible non-living insects, otherwise prepared or preserved (generally section IV).

1. For the purposes of subheading 0404.10, 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 the term "butter" does not include dehydrated butter or ghee (subheading 0405.90).

1. For the purposes of this schedule, the term "dairy products described in additional U.S. note 1 to chapter 4" means any of the following goods: malted milk, and articles of milk or cream (except (a) white chocolate and (b) inedible dried milk powders certified to be used for calibrating infrared milk analyzers); articles containing over 5.5 percent by weight of butterfat which are suitable for use as ingredients in the commercial production of edible articles (except articles within the scope of other import quotas provided for in additional U.S. notes 2 and 3 to chapter 18); or, dried milk, whey or buttermilk (of the type provided for in subheadings 0402.10, 0402.21, 0403.90 or 0404.10) which contains not over 5.5 percent by weight of butterfat and which is mixed with other ingredients, including but not limited to sugar, if such mixtures contain over 16 percent milk solids by weight, are capable of being further processed or mixed with similar or other ingredients and are not prepared for marketing to the ultimate consumer in the identical form and package in which imported.

2. For the purposes of this schedule, the expression "EU 27" refers to articles the product of one of the following: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, the Federal Republic of Germany, Hungary, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Spain, Slovenia, the Slovak Republic or Sweden.

3. For the purposes of this chapter, the term "soft ripened cow's milk cheese" means cheese which:

(a) Has a prominent crust formed on the exterior surface as a result of curing or ripening by biological curing agents such as molds, yeasts or other microorganisms;

(b) Visibly cures or ripens from the surface toward the center;

(c) Has a fat content by weight (on a moisture-free basis) of not less than 50 percent; and

(d) Has a moisture content (calculated by weight of the non-fatty matter) of not less than 65 percent, but does not include cheese with mold distributed throughout its interior.

4. For the purposes of this chapter, unless the context otherwise requires:

(a) the term "capable of being processed or mixed with similar or other ingredients" means that the imported product is in such condition or container as to be subject to any additional preparation, treatment or manufacture or be blended or combined with any additional ingredient, including water or any other liquid, other than processing or mixing with other ingredients performed by the ultimate consumer prior to consumption of the product;

(b) the term "prepared for marketing to the ultimate consumer in the identical form and package in which imported" means that the product is imported in packaging of such sizes and labelling as to be readily identifiable as being intended for retail sale to the ultimate consumer without any alteration in the form of the product or its packaging; and

(c) the term "ultimate consumer" does not include institutions such as hospitals, prisons and military establishments or food service establishments such as restaurants, hotels, bars or bakeries.

5. The aggregate quantity of milk and cream, fluid or frozen, fresh or sour, containing over 6 percent but not over 45 percent by weight of butterfat, the foregoing goods entered under subheadings 0401.40.05, 0401.50.05 and 0403.90.04 in any calendar year shall not exceed 6,694,840 liters (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Of the quantitative limitations provided for in this note, New Zealand shall have access to a quantity of not less than 5,678,117 liters.

6. The aggregate quantity of butter, and fresh or sour cream containing over 45 percent by weight of butterfat, the foregoing goods entered under subheadings 0401.50.50, 0403.90.74 and 0405.10.10 in any calendar year shall not exceed 6,977,000 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

7. The aggregate quantity of dried milk, whether or not containing added sugar or other sweetening matter, entered under subheadings 0402.10.10 and 0402.21.05 in any calendar year shall not exceed 5,261,000 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

8. The aggregate quantity of dried milk and dried cream, whether or not containing added sugar or other sweetening matter, the foregoing goods entered under subheadings 0402.21.30 and 0403.90.51 in any calendar year shall not exceed 3,321,300 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

9. The aggregate quantity of dried milk and dried cream, whether or not containing added sugar or other sweetening matter, the foregoing goods entered under subheadings 0402.21.75 and 0403.90.61 in any calendar year shall not exceed 99,500 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

10. The aggregate quantity of dairy products described in additional U.S. note 1 to chapter 4, entered under subheadings 0402.29.10, 0402.99.70, 0403.20.10, 0403.90.90, 0404.10.11, 0404.90.30, 0405.20.60, 1517.90.50, 1704.90.54, 1806.20.81, 1806.32.60, 1806.90.05, 1901.10.21,1901.10.41,1901.10.54,1901.10.64, 1901.20.05, 1901.20.45, 1901.90.61, 1901.90.64, 2105.00.30, 2106.90.06, 2106.90.64, 2106.90.85 and 2202.99.24 in any calendar year shall not exceed 4,105,000 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Of the quantitative limitations provided for in this note, Australia shall have access to a quantity of not less than 1,016,046 kilograms, and Belgium and Denmark (aggregated) shall have access to a quantity of not less than 154,221 kilograms.

11. The aggregate quantity of milk and cream, condensed or evaporated, the foregoing goods entered under subheadings 0402.91.10, 0402.91.30, 0402.99.10 and 0402.99.30 in any calendar year shall not exceed 6,857,300 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Of the quantitative limitations provided for in this note, the countries listed below shall have access to not less than the quantities specified below:

Quantity (kg) Australia: condensed, in airtight containers 91,625 Canada: evaporated, in airtight containers 31,751 condensed, in airtight containers 994,274 other condensed 2,267 Denmark: evaporated, in airtight containers 4,989 condensed, in airtight containers 605,092 Germany: evaporated, in airtight containers 9,979 Netherlands: evaporated, in airtight containers 548,393 condensed, in airtight containers 153,314

12. The aggregate quantity of dried milk, dried cream and dried whey, the foregoing whether or not containing added sugar or other sweetening matter and entered under subheadings 0403.90.41 and 0404.10.50 in any calendar year shall not exceed 296,000 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Imports under these provisions not in excess of 224,981 kilograms in any calendar year require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

13. For purposes of subheading 0404.90.10, the term "milk protein concentrate" means any complete milk protein (casein plus lactalbumin) concentrate that is 40 percent or more protein by weight.

14. The aggregate quantity of butter substitutes containing over 45 percent by weight of butterfat, entered under subheadings 0405.20.20, 0405.90.10, 2106.90.24 and 2106.90.34 and butter oil however provided for in this schedule in any calendar year shall not exceed 6,080,500 kilograms (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

15. No allowance in weight shall be made for inedible, not readily removable, protective coverings of cheese.

16. The aggregate quantity of cheeses and substitutes for cheese (except (i) cheese not containing cow's milk; (ii) soft ripened cow's milk cheese; (iii) cheese (except cottage cheese) containing 0.5 percent or less by weight of butterfat; and, (iv) articles within the scope of other import quotas provided for in additional U.S. notes 17 through 25, inclusive, to this chapter), the foregoing goods entered under subheadings 0406.10.04, 0406.10.84, 0406.20.89, 0406.30.89 and 0406.90.95 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Quantity (kg) Argentina 100,000 Australia 3,050,000 Canada 1,141,000 Costa Rica 1,550,000 EU 27 25,632,850 Iceland 323,000 Israel 673,000 New Zealand 11,322,000 Norway 150,000 Switzerland 1,720,000 United Kingdom 2,213,374 Uruguay 250,000 Other countries or areas 201,635 Any country 300,000

Of the quantitative limitations provided for in this note for the EU 27, Portugal shall have access to a quantity of not less than 353,000 kilograms.

Of the quantitative limitations provided for in this note for Israel, no more than 160,000 kilograms shall contain more than 3 percent by weight of butterfat.

Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

17. The aggregate quantity of blue-mold cheese (except Stilton produced in the United Kingdom) and cheese and substitutes for cheese containing, or processed from, blue-mold cheese, the foregoing goods entered under subheadings 0406.10.14, 0406.20.24, 0406.20.61, 0406.30.14, 0406.30.61, 0406.40.54, 0406.40.58 and 0406.90.72 in any calendar year, shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Quantity (kg) Argentina 2,000 Chile 80,000 EU 27 2,805,383 United Kingdom 23,617 Other countries or areas 1

Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

18. (a) The aggregate quantity of Cheddar cheese and cheese and substitutes for cheese containing, or processed from Cheddar cheese, the foregoing goods entered under subheadings 0406.10.24, 0406.20.31, 0406.20.65, 0406.30.24, 0406.30.65, 0406.90.08 and 0406.90.76 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Quantity (kg) Australia 2,450,000 Canada 833,417 Chile 220,000 EU 27 417,052 New Zealand 8,200,000 United Kingdom 895,948 Other countries or areas 139,889 Any country 100,000

(b) Except as provided in (c), imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

(c) No license shall be required under subheadings 0406.20.31 and 0406.90.08 for an aggregate quantity of up to 833,417 kilograms per quota year of natural Cheddar cheese, the product of Canada, which was made from unpasteurized milk and aged not less than 9 months, and which prior to exportation has been certified as meeting such requirements by an official of the Canadian government.

19. The aggregate quantity of American-type cheese, including Colby, washed curd and granular cheese (but not including Cheddar cheese), and cheese and substitutes for cheese containing, or processed from, such American-type cheese, the foregoing goods entered under subheadings 0406.10.34, 0406.20.36, 0406.20.69, 0406.30.34, 0406.30.69, 0406.90.52 and 0406.90.82 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Quantity (kg) Australia 1,000,000 EU 27 354,000 New Zealand 2,000,000 Other countries or areas 168,556

Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

20. The aggregate quantity of Edam and Gouda cheeses and of cheese and substitutes for cheese containing, or processed from, Edam and Gouda cheese, the foregoing goods entered under subheadings 0406.10.44, 0406.20.44, 0406.20.73, 0406.30.44, 0406.30.73, 0406.90.16 and 0406.90.86 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Quantity (kg) Argentina 235,000 EU 27 6,389,000 Norway 167,000 Other countries or areas 25,402

Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

21. The aggregate quantity of Italian-type cheeses, made from cow's milk, in original loaves (Romano made from cow's milk, Reggiano, Parmesan, Provolone, Provoletti and Sbrinz); and Italian-type cheeses, made from cow's milk, not in original loaves (Romano made from cow's milk, Reggiano, Parmesan, Provolone, Provoletti, Sbrinz and Goya) and of cheese and substitutes for cheese containing, or processed from, such Italian-type cheeses, whether or not in original loaves, the foregoing goods entered under subheading 0406.10.54, 0406.20.51, 0406.20.77, 0406.30.77, 0406.90.31, 0406.90.36, 0406.90.41 and 0406.90.66 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Quantity (kg) Argentina 6,383,000 EU 27 5,407,000 Romania 500,000 Uruguay 1,178,000 Other countries or areas 13,064

Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

22. The aggregate quantity of Swiss or Emmentaler cheese other than with eye formation, Gruyere-process cheese and of cheese and substitutes for cheese containing, or processed from, such cheeses, the foregoing goods entered under subheadings 0406.10.64, 0406.20.81, 0406.30.51, 0406.30.81 and 0406.90.90 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Quantity (kg) EU 27 5,925,000 Switzerland 1,850,000 Other countries or areas 79,833

Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

23. The aggregate quantity of cheese, and substitutes for cheese, containing 0.5 percent or less by weight of butterfat (except articles within the scope of other import quotas provided for in additional U.S. notes 16 through 22, inclusive, or additional U.S. notes 24 and 25 to this chapter) and margarine cheese, the foregoing goods entered under subheadings 0406.10.74, 0406.20.85, 0406.30.85, 0406.90.93 and 1901.90.34 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Quantity (kg) EU 27 4,424,907 New Zealand 1,000,000 Israel 50,000 Other countries or areas 1

Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

24. Stilton cheese, the product of the United Kingdom, the foregoing good entered under subheadings 0406.20.15, 0406.30.05, 0406.40.44 or 0406.40.48 during any calendar year shall not be subject to limits on the quantity of such cheese imported into the United States. Stilton cheese, other than the product of the United Kingdom, shall be classified as appropriate in the subheadings for blue-mold cheeses and is subject to any quantitative limitation on such cheeses.

25. The aggregate quantity of Swiss and Emmentaler cheese with eye formation, the foregoing goods entered under subheading 0406.90.46 in any calendar year shall not exceed the quantities specified in this note (articles the product of Mexico shall not be permitted or included under the aforementioned quantitative limitation and no such articles shall be classifiable therein).

Quantity (kg) Argentina 80,000 Australia 500,000 Canada 70,000 EU 27 22,900,000 Iceland 300,000 Israel 27,000 Norway 6,883,000 Switzerland 3,630,000 Other countries or areas 85,276

Imports under these provisions require import licenses, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.

26. The importation of eggs of wild birds is prohibited, except eggs of game birds imported for propagating purposes under regulations prescribed by the Secretary of the Interior and specimens imported for scientific collections.

1. The unit of quantity "kg cmsc" (kilograms cows' milk solids content) includes all cows' milk components other than water.

2. For a list of approved standards for "Certified organic", see General Statistical Note 6.