WTO: Whey Powder TRQ - Serial No. 979

Date: May 1, 2020

This Notice replaces Notice to Importers No. 897 dated May 1, 2017 and sets out the policies and practices pertaining to the administration of Canada’s tariff rate quota (TRQ) for whey powder 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 

Whey powder means a product that is included in Item 125.1 of the Import Control List (ICL), namely whey powder falling under tariff item No. 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 whey powder.

2. Allocation policy

• To be eligible, you must be active in the Canadian whey powder industry at the time of application. 
• Individual applicants and related persons applicants are eligible for only one allocation.
  • Note: All applicants must provide a list of related persons.

3. Eligibility Criteria

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

Processor:

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

Further Processor:

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

4. Calculation of allocations

Processors/Further processors of speciality whey powder:

• Allocations shall be made first to users of specialty-type whey powder that can demonstrate a requirement in their manufacturing/product formulation(s).
• 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).

5. Return and underutilization of allocations

• If you wish to transfer any portion of your allocation, you must submit a transfer request form.
• 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 underutilization penalty in the following year.
  • Note: Any portion of your allocation that you transfer or return in accordance with the present policy is considered to have been used.

6. Related links

• General Information on the Administration of Import Tariff Rate Quotas (TRQs) for Supply-Managed Products
• Key dates and access quantities
• Information on related persons
• How to apply for an allocation
  • Application form
  • List of EIPA commodity codes for whey powder
• How to apply for an import permit
• Allocation transfer request form
• Contact us