Is whey protein a supplement or a food ingredient?

Retail-packed whey protein powder sold to consumers is 2106.90. Bulk whey protein concentrate/isolate sold as a manufacturing ingredient is 2106.10 or 0404.10 (milk protein).

Do gummy vitamins classify differently from capsules?

No. Gummy vitamins are still 2106.90. The form (gummy, capsule, tablet, powder, liquid) doesn't change the HS-6 classification — it may affect the HTS-10 subheading for US-specific rates.

What about CBD supplements?

CBD products face additional scrutiny. Classification depends on the source (hemp vs other) and form. FDA does not currently approve CBD as a dietary supplement. Import restrictions vary — check current FDA enforcement discretion guidance before ordering.

Supplements HS Code — Dietary & Nutritional Classification Guide

Dietary supplements sit on the boundary between food (Chapter 21) and pharmaceuticals (Chapter 30). The wrong classification can mean a 10% duty swing and trigger unexpected FDA requirements. Most supplements classify under 2106.90, but the details matter.

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The Chapter 21 vs Chapter 30 boundary

If the product is meant for general health maintenance and sold as a food supplement (vitamins, minerals, protein, herbals in capsule/powder/liquid form), it goes under HS 2106.90 — food preparations not elsewhere specified.

If the product has a specific therapeutic claim, a measured dosage form for treating a condition, or is regulated as a pharmaceutical in the origin country, it moves to Chapter 30 — pharmaceutical products. This matters because Chapter 30 rates are often 0% (many countries exempt medicines) but triggers pharma-level import documentation.

Common supplement HS codes

These cover 90%+ of the supplements Amazon sellers import.

2106.90 — Food preparations n.e.s. Covers: multivitamins, protein powders, pre-workout, BCAAs, creatine, herbal capsules, fish oil softgels, collagen powder, greens powders.
2106.10 — Protein concentrates and textured protein substances. Whey protein isolate/concentrate as a bulk ingredient (not retail-packed supplements).
3004.90 — Medicaments in measured doses. If your supplement has a drug claim or measured therapeutic dosage, it may land here.
1211.90 — Plants and parts of plants used in perfumery, pharmacy, or insecticidal purposes. Raw herb ingredients (turmeric root, ashwagandha root) before processing.

US duty rates

2106.90 carries a base US duty of 6.4%. That's on top of product + freight cost. For a $10 FOB bottle of vitamins, you pay $0.64 in duty. At 10,000 units/month, that's $6,400.

Section 301 may apply if sourced from China — check the current list for your specific HTS-10 subheading. Many supplement ingredients are made in China even when final packaging happens elsewhere. Rules of origin matter.

FDA requirements

All dietary supplements entering the US require FDA Prior Notice (filed 15 days before arrival for ocean, 4 hours before for air). The product must comply with DSHEA (Dietary Supplement Health and Education Act).

Labels must include: Supplement Facts panel, ingredient list, manufacturer/distributor info, and the FDA disclaimer ('This statement has not been evaluated by the FDA...'). Non-compliant labels get held at the border.

Frequently asked questions

Is whey protein a supplement or a food ingredient?: Retail-packed whey protein powder sold to consumers is 2106.90. Bulk whey protein concentrate/isolate sold as a manufacturing ingredient is 2106.10 or 0404.10 (milk protein).
Do gummy vitamins classify differently from capsules?: No. Gummy vitamins are still 2106.90. The form (gummy, capsule, tablet, powder, liquid) doesn't change the HS-6 classification — it may affect the HTS-10 subheading for US-specific rates.
What about CBD supplements?: CBD products face additional scrutiny. Classification depends on the source (hemp vs other) and form. FDA does not currently approve CBD as a dietary supplement. Import restrictions vary — check current FDA enforcement discretion guidance before ordering.

US Customs Clearance RequirementsEverything you need to clear US customs: commercial invoice, BOL, packing list, bond, FCC/FDA/CPSC as applicable. Step-by-step for first-time importers.
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