Colostrum Powder: EU HS Classification Rules
Quick answer
The colostrum powder HS code depends on its composition and intended use, with common classifications under CN codes 0408 (milk and cream products), 2106 (food preparations including protein concentrates), or 2309 (animal feeding preparations). EU businesses must carefully assess the product’s characteristics to determine the correct classification and comply with customs obligations [1][2][3].
Key takeaways
- Colostrum powder classification hinges on its composition (milk product content, protein concentration) and use (human consumption or animal feed) [1:1][2:1][3:1].
- Common HS codes for colostrum powder include 0408 (milk products), 2106 (protein concentrates and food preparations), and 2309 (animal feeding preparations) [1:2][2:2][3:2].
- Importers and exporters must declare the correct CN code on customs declarations to ensure compliance and accurate duty assessment [1:3][2:3][3:3].
- Binding Tariff Information (BTI) can be requested from the relevant national authority for definitive classification [1:4].
- Thresholds and duty rates vary by CN code and product composition, affecting cost and compliance [1:5][2:4][3:4].
- Compliance with EU customs rules requires an EORI number and adherence to deadlines for customs declarations [1:6].
Who is Affected by Colostrum Powder Classification?
The classification rules for colostrum powder primarily affect EU-based companies involved in importing, exporting, or trading colostrum powder within the EU single market. This includes manufacturers, distributors, and importers of colostrum powder products, whether intended for human consumption, animal feed, or further processing.
Customs classification determines the applicable customs duties, import restrictions, and statistical reporting obligations. Therefore, businesses must identify the correct colostrum powder HS code to ensure accurate customs declarations and compliance with the Common Customs Tariff and other EU regulations.
The classification is also relevant for compliance teams managing regulatory requirements and tariff planning, as misclassification can lead to delays, penalties, or incorrect duty payments. The obligation to classify correctly applies at the point of importation into the EU or when goods move between Member States under customs supervision [1:7][2:5][3:5].
Key Considerations for HS Classification of Colostrum Powder
The Harmonized System (HS) classification of colostrum powder depends on several factors:
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Composition: The percentage of milk products, protein concentration, and presence of additives such as starch or sugars influence classification. For example, colostrum powder with a high milk protein content may fall under CN code 0408 (milk and cream products) or 2106 (protein concentrates) [2:6][3:6].
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Intended Use: Whether the colostrum powder is intended for human consumption or animal feeding affects the applicable CN code. Preparations used in animal feeding are classified under CN code 2309 [1:8].
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Physical Form: The product’s form (powder, liquid, dried) may influence classification within certain subheadings, especially under milk products [2:7].
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Additives and Ingredients: The presence of starch, glucose, maltodextrin, or other carbohydrates can affect classification under specific subheadings, especially for animal feed preparations [1:9][4].
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Regulatory Updates: Commission Implementing Regulation (EU) 2023/2364 of 26 September 2023 amends Annex I to Council Regulation (EEC) No 2658/87, which governs the EU tariff nomenclature and Common Customs Tariff. This regulation is in force as of 10 July 2026 and provides the latest classification rules and duty rates applicable to colostrum powder and related products [1:10][2:8][3:7].
Colostrum Powder for Animal Feed: Specific Classifications
Colostrum powder intended for animal feeding is generally classified under CN code 2309, which covers “Preparations of a kind used in animal feeding” [1:11]. Within this heading, further distinctions are made based on the content of milk products and starch:
- Preparations containing less than 10% by weight of milk products fall under CN code 2309 10 11 and are generally duty-free [1:12].
- Preparations containing 10% to less than 50% milk products are classified under CN code 2309 10 13, subject to a duty of 498 €/tonne [1:13].
- Preparations containing 50% to less than 75% milk products fall under CN code 2309 10 15, with a duty of 730 €/tonne [1:14].
The exact classification depends on the product’s milk product content and whether it contains starch or related carbohydrates. Businesses must verify the product composition to determine the correct subheading and duty rate.
Colostrum Powder as a Protein Concentrate or Food Preparation
When colostrum powder is intended for human consumption or used as a protein concentrate in food preparations, classification typically falls under CN codes 2106 or 0408:
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CN Code 2106 covers “Food preparations not elsewhere specified or included,” including protein concentrates and textured protein substances. Subheading 2106 10 20 applies to protein concentrates containing less than specified thresholds of milkfat, sucrose, glucose, or starch, with a duty rate of 12.8% [3:8].
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Other food preparations containing milk products, starch, or related substances may fall under CN code 2106 90, with various subheadings depending on composition [3:9][4:1].
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CN Code 0408 covers milk and cream products, including dried forms of milk products. For example, dried colostrum powder may be classified under CN code 0408 91 80, subject to a duty of 142.3 €/100 kg net [2:9].
The classification depends on detailed analysis of the product composition, including protein content, milkfat, and the presence of additives. Accurate classification under these codes is essential for correct duty application and compliance.
Other Potential Classifications for Colostrum-Derived Products
Some colostrum-derived products may fall under other HS codes depending on their nature and processing:
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CN Code 3502 covers enzymes and prepared enzymes, including protein products not fit for human consumption or intended for industrial use. Subheadings 3502 19 10 and 3502 20 91 may apply to certain protein concentrates or powders not intended for food [5].
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CN Code 3504 and 3505 cover dextrins, modified starches, and glues based on starches, which may apply if colostrum powder is combined with such substances [6].
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CN Code 0403 applies to yogurt and fermented milk products, which generally do not cover colostrum powder but may be relevant if the product is fermented or combined with other dairy ingredients [7].
Businesses should carefully assess the product’s characteristics and intended use to determine if these alternative classifications apply.
Obligations and Deadlines for EU Importers and Exporters
EU businesses importing or exporting colostrum powder must comply with customs obligations including:
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Correct Classification: Declare the accurate colostrum powder HS code on customs declarations to ensure proper duty assessment and compliance with EU customs regulations [1:15][2:10][3:10].
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EORI Number: Obtain and use an Economic Operators Registration and Identification (EORI) number for customs procedures within the EU [1:16].
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Customs Declarations: Submit customs declarations electronically to the relevant Member State customs authority within prescribed deadlines, typically before goods are released [1:17].
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Payment of Duties: Pay applicable customs duties based on the declared HS code and product characteristics, considering any WTO tariff quotas or preferential tariffs [1:18][2:11][3:11].
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Record Keeping: Maintain documentation supporting classification and customs declarations for audit and compliance purposes.
Failure to meet these obligations can result in penalties, delays, or seizure of goods.
Seeking Binding Tariff Information (BTI)
To obtain legal certainty on the classification of colostrum powder, EU businesses may request Binding Tariff Information (BTI) from the customs authority of the Member State where the goods will be imported. A BTI provides a binding decision on the correct HS code for a specific product based on its composition and use.
BTIs are valid throughout the EU and help prevent disputes or misclassification risks. The process involves submitting detailed product information and samples if required. Obtaining a BTI is particularly advisable for complex or borderline cases, such as colostrum powder with unusual additives or mixed uses.
BTI requests should be made well in advance of importation to allow sufficient processing time by the competent authority.
FAQ
What is the HS code for Lactobacillus powder?
Lactobacillus powder, being a preparation of microorganisms, is generally classified under CN code 3502, which covers enzymes and prepared enzymes, including other protein products not fit for human consumption or intended for industrial use [5:1].
What is the HS code for 040210?
HS code 0402 10 refers to milk and cream, concentrated or containing added sugar or other sweetening matter. This code does not apply to colostrum powder but rather to liquid or concentrated dairy products [2:12].
What is the HS code for colostrum powder?
The colostrum powder HS code depends on its composition and use. It may be classified under CN codes 0408 (milk and cream products), 2106 (protein concentrates and food preparations), or 2309 (animal feeding preparations). The exact code requires analysis of milk product content, additives, and intended use [1:19][2:13][3:12].
How is colostrum powder classified for EU import duties?
Classification for import duties depends on the product’s composition and use. Colostrum powder for animal feed falls under CN code 2309 with duty rates varying by milk product content. For human consumption or food preparation, CN codes 2106 or 0408 apply, each with specific duty rates. Correct classification ensures accurate duty payment and compliance [1:20][2:14][3:13].
