WTO: Powdered Whey TRQ – Serial No. 1046

Date: May 1, 2021

This Notice replaces Notice to Importers No. 979 dated May 1, 2020 and sets out the policies and practices pertaining to the administration of Canada’s tariff rate quota (TRQ) for powdered whey under the World Trade Organization (WTO).

This Notice is provided pursuant to the authority of the Export and Import Permits Act (EIPA) and its corresponding regulations, and remains in effect until further notice.

1. Definitions 

Powdered whey means a product that is included in Item 125.1 of the Import Control List (ICL), namely powdered whey falling under tariff item 0404.10.21 or in the list of tariff provisions set out in the Schedule to the Customs Tariff.

See the List of EIPA commodity codes for powdered whey.

2. Allocation policy

• To be eligible, you must be active in the Canadian powdered whey industry at the time of application. 
• To the extent that requirements exceed the TRQ, allocations will be made on a pro-rata basis.
• Individual applicants and related persons applicants are eligible for only one allocation.
• Note: All applicants must provide a list of related persons.
• Note: In the case of separate applications from related persons involving a parent company and one or more subsidiaries, only the application nominated by the parent company is considered.

3. Eligibility criteria

You are eligible to apply for an allocation if you are a:

Processor:

• That can demonstrate a requirement for speciality-type powdered whey, such as high-heat powdered whey, Kosher powdered whey and any other powdered whey in your manufacturing operations and product formulations. 

Further processor:

• That can demonstrate a requirement for speciality-type powdered whey, such as high-heat powdered whey, Kosher powdered whey and any other powdered whey in your manufacturing operations and product formulations.

4. Calculation of allocations

Processors/Further processors of speciality powdered whey:

• Allocations shall be made first to users of specialty-type powdered whey that can demonstrate a requirement in their manufacturing/product formulation(s). To the extent that requirements exceed the TRQ, allocations will be made on a pro-rata basis.

• The balance of the TRQ, if any, shall be allocated to processors and further processors that can demonstrate a requirement in their manufacturing/product formulation(s). To the extent that requirements exceed the TRQ, allocations will be made on a pro-rata basis.

5. Return and under-utilization of allocations

• You may return any portion of your allocation to the Department in writing by the prescribed return date.
  • Note: Returned quantities are reallocated to eligible applicants on a first-come, first-served basis.

• If you use less than 95% of your allocation in one year, you may have your allocation adjusted downward by an under-utilization penalty in the following year.
• Note: Any portion of your allocation that you return in accordance with the present policy is considered to have been used.

6. Related links

• General Information on the Administration of TRQs for Supply-Managed Products
• Key dates and access quantities
• Information concerning related persons
• How to apply for an allocation
• Application form
• List of EIPA commodity codes for powdered whey
• How to apply for an import permit
• Contact us