Zusammenfassung und Tenor
On those grounds, THE COURT (Second Chamber), in reply to the question submitted to it by the Bundesfinanzhof by order of 13 March 1990, hereby rules: The Common Customs Tariff must be interpreted as meaning that a product described as "75% whey protein concentrate", consisting as to 76.6% of protein, 5% of lactose and 2.1% of milk fat, without detectable sugar, obtained by the ultrafiltration of whey, must be classified under subheading 0404 90 33 of the Common Customs Tariff as "products consisting of natural milk constituents ..." in the version of that subheading contained in the annex to Commission Regulation No 3174/88 of 21 September 1988 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.