
Article 1 
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2 
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3 
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 2 August 2011.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
ANNEX

Description of the goods Classification(CN code) Reasons
(1) (2) (3)

1. 
— Milk protein2,5 to 5,5 g— Carbohydrates3,3 g— Milk fat< 0,5 g

The product is a yellow-brown, slightly cloudy liquid.

It has a higher immunoglobulin content than natural whey or milk.

According to the label the product is for human consumption and is to be taken once a day (1 to 2 tablespoons) on its own or with cold fruit juice. Its area of application is not indicated.
 0404 10 48 Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, and the wording of CN codes 0404, 0404 10 and 0404 10 48.Classification under heading 3001 or 3004 is excluded as the product does not serve a therapeutic or prophylactic use.The technological steps in the processing of the product and its composition are comparable to those of modified whey.Given its characteristics the product is therefore to be classified under heading 0404.

2. 
— Milk fat1,2— Milk protein at least 50 and typically65,5

The product has a dry matter content of 93,3 % by weight.

The product is a cream-coloured powder that tends to form lumps and has a milky odour.

It has a higher immunoglobulin content than natural whey or milk.

According to the label the product is for human consumption.
 0404 90 21 Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, and the wording of CN codes 0404, 0404 90 and 0404 90 21.Classification under heading 3001 or 3004 is excluded as the product does not serve a therapeutic or prophylactic use for humans.Classification under heading 0402 is also excluded as the product does not have the typical composition of a natural milk powder.Given its characteristics the product is therefore to be classified under heading 0404.