Classification of whey and milk permeates

By implementing Regulation (EU) 2016/534 of 31 March 2016, the Commission regulated the classification of whey and milk permeates under Chapter 4 of the Combined Nomenclature (CN). In accordance with future Additional Notes 3 and 4 to Chapter 4 of the Combined Nomenclature, whey permeates are classified under subheading 0404 10 and milk permeates under subheading 0404 90. The amendment will enter into force on 26 April 2016.

Effects on binding tariff information

The amendment could have a direct impact on existing Binding Tariff Information (BTI). If existing vZTAs contradict the new Additional Notes, they may have become[bold] invalid[/bold]. The possibility of claiming protection of legitimate expectations would have to be reviewed in each individual case. This depends not least on whether the Customs Code (CC) or the Union Customs Code (UCC) will apply. If necessary, new vTAs would have to be applied for, which would then be issued in accordance with the new customs law.

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