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HS Code for Fresh Milk and Cream

The HS Code for fresh milk and cream is 040120. The MFN duty rate for importing to the US is 3.2¢/liter.

HS Code (6-digit)040120
US Duty Rate (MFN)3.2¢/liter
EU Duty Rate (MFN)€13.8/100kg
Chapter4
Heading0401
Last Updated2026-05
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Description

Milk and cream, fat content 1-6%, not concentrated

HS Code 040120 covers fresh milk and cream with 1-6% fat content, carrying a US MFN duty rate of 3.2¢ per liter.

Frequently Asked Questions

What additional costs beyond the base tariff should I budget for when importing fresh milk (HTS 040120) into the United States?

You must budget for the Merchandise Processing Fee (MPF), typically 0.3464% of the entered value (minimum $29.20), and the USDA Agricultural Quarantine Inspection (AQI) fee, which is a per-bill charge. Furthermore, Section 232 tariffs on steel and aluminum can apply to the shipping containers themselves, potentially increasing your overall landed cost.

What are the key U.S. regulatory compliance steps for importing fresh milk with 1-6% fat content under HTS 040120?

Importers must obtain a valid import permit from the USDA's Animal and Plant Health Inspection Service (APHIS) and ensure the product is accompanied by a USDA/Health Certificate signed by a full-time veterinary official of the exporting country. The shipment must also originate from a country and establishment approved by the FDA and USDA for dairy exports to the United States.

What are the specific packaging and temperature control requirements for shipping fresh milk (HTS 040120) via ocean freight?

Fresh milk under HTS 040120 must be shipped in aseptic, refrigerated containers (reefers) maintained at a constant temperature between 0°C and 4°C (32°F to 39°F) to preserve freshness and prevent spoilage. The packaging, typically food-grade bag-in-box or sealed totes within the container, must be hermetically sealed and designed to prevent leakage and contamination during transit, which can take several weeks.

Seasonal Import Trends for Fresh Milk & Cream

Imports of fresh milk and cream under 040120 show a strong seasonal pattern, with volumes typically peaking in the fall and winter months (October-February). This is driven by increased domestic demand for fluid milk and cream for holiday baking and beverages. Data from the U.S. International Trade Commission shows import values can be 20-30% higher in Q4 compared to the spring low. The summer months (June-August) often see a secondary, smaller increase due to demand for ice cream production.

Compliance Notes for Fresh Milk & Cream (040120)

Importers must be prepared to present a valid USDA import permit and ensure entry is accompanied by a valid milk permit. Shipments must comply with FDA regulations under the Grade "A" Pasteurized Milk Ordinance (PMO), which governs pasteurization, labeling, and sanitary standards. Dairy products are subject to the U.S. Dairy Tariff-Rate Quota (TRQ), meaning quantities entered above the quota incur significantly higher duty rates. Always verify the product's fat content (by weight) and any added sugar or other substances, as these factors can shift classification to other HTS headings such as 0402 or 0403.

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Data sourced from USITC Harmonized Tariff Schedule 2026. Last updated: 2026-05.

This tool is for informational purposes only. Consult a licensed customs broker for official classification and binding rulings.