Due to its popularity, importing chocolate into the U.S. can be an excellent opportunity for shippers. Demand can be particularly strong around holidays like Valentine’s Day, Easter, and Halloween. The United States does not commercially produce cocoa, so imports supply virtually all U.S. needs for cocoa and cocoa-based products.

While beneficial, the process can be complex for importers due to the steps involved. Chocolate is an imported food product, so businesses need to consider FDA requirements as well as customs clearance, duties, labeling, and transportation. Failure to prepare correctly can result in delays and additional costs, which can be particularly harmful when customers are expecting the products by a particular date.

This article explains the process for importing commercial chocolate products into the United States and what to expect when starting.

What To Know Before Importing Chocolate Into The U.S.

Before bringing chocolate into the U.S., a shipper must understand the rules and regulations for importation. Chocolate is regulated as food by the U.S. Food and Drug Administration (FDA) and must comply with applicable U.S. food requirements.

The FDA has established standards of identity for a number of cacao and chocolate products, including milk chocolate, sweet chocolate, bittersweet chocolate and white chocolate. These standards can specify what a product sold under a particular standardized name must contain. For example, FDA’s standard for white chocolate specifies both its composition and how qualifying products may be named.

For an importer, this means that the product formulation and the name used on the U.S. label need to be considered together rather than assuming that every product described as “chocolate” overseas will automatically meet the same U.S. standard.

FDA generally requires Prior Notice before imported food arrives in the United States. The filing provides information about the food, manufacturer, shipper, importer, carrier, and expected arrival.

The deadline depends on the method of transportation. FDA must generally receive and confirm Prior Notice at least four hours before arrival by air, eight hours before arrival by water, two hours before arrival by road, and four hours before arrival by rail.

It is also essential to understand that chocolate imports have duties and taxes based on the type. A shipper can determine the tariff amount by finding the HTS (Harmonized Tariff Schedule) code related to the cargo. When packaging chocolate for the U.S. market, the labeling should meet applicable FDA requirements, including the ingredient statement, Nutrition Facts and allergen declarations where required. This is particularly relevant to chocolate products that contain ingredients such as milk, peanuts or tree nuts.

Depending on the businesses involved, the foreign facility that manufactures, processes, packs or holds the chocolate may also need to be registered with the FDA.

The U.S. importer should also determine whether the Foreign Supplier Verification Program (FSVP) applies. Importers covered by FSVP have responsibilities for verifying that their foreign suppliers are producing food in accordance with applicable U.S. food-safety requirements. A1 has a separate guide explaining FSVP requirements for food importers.

Chocolate is one of many food products with its own import considerations. See A1’s U.S. import guides for guidance on other commercial imports.

How Much Is the Import Duty on Chocolate?

There is no single U.S. duty rate for imported chocolate.

Chocolate and other food preparations containing cocoa are generally classified under heading 1806 of the U.S. Harmonized Tariff Schedule. Within that heading, the classification can change depending on factors such as whether the product is in bulk or retail form, whether a bar is filled, and its sugar or milk content.

This matters because the duty treatment also changes between classifications. Some chocolate products can enter free of ordinary duty, while others are subject to percentage-based or per-kilogram duties. Special tariff treatment can also depend on the country of origin.

Importers should therefore classify the actual chocolate product rather than applying one generic “chocolate duty rate.” A customs broker can help determine the appropriate HTS classification and current duty treatment.

How Is Chocolate Shipped to the United States?

Once the chocolate is ready to ship, the best transportation method depends on the size of the shipment, where it is coming from and how quickly it needs to arrive.

Commercial chocolate can move by air, ocean or land. Air freight can make sense when speed is especially important, while ocean freight is usually more suitable for larger commercial volumes. Land transportation can also be relevant for shipments coming from countries such as Canada or Mexico.

Chocolate is also sensitive to heat and temperature changes, so the shipper should consider how the product will be protected during transportation. The right handling and temperature requirements can depend on the type of chocolate, packaging, route and time of year.

A freight forwarder can coordinate pickup from the supplier, carrier booking, and international transportation. If you are comparing the main freight options, see our guide to shipping by air or ocean.

What Documents Do You Need to Import Chocolate?

Before the chocolate reaches the United States, the importer and customs broker need enough information to prepare the Customs entry and deal with the applicable FDA requirements.

Common shipment documents include:

• Commercial Invoice, showing the buyer, seller, product description, quantity, and value
• Packing List, showing how the shipment is packed
• Bill of Lading or Air Waybill, depending on whether the chocolate is moving by ocean or air
• Arrival Notice or carrier arrival information, where issued, helping the broker identify the shipment and expected arrival

Because chocolate is an imported food product, the importer may also need to provide information required for FDA entry, including Prior Notice and applicable facility-registration or FSVP details.

For applicable ocean shipments, Importer Security Filing (ISF) requirements also need to be addressed before the cargo is loaded at the foreign port.

Additional documents may be required depending on the ingredients, country of origin, supplier, or particular chocolate product.

See our guide to documents used in customs clearance for a broader explanation of common commercial import documents.

What Happens When Chocolate Arrives in the U.S.?

The Customs and FDA entry process can often begin before the chocolate physically arrives if the importer and customs broker have the necessary shipment information in advance.

The customs broker prepares the entry using the commercial documents, HTS classification, value and country of origin. FDA can also review the food-import information and determine whether additional information or examination is required.

Once the applicable Customs and FDA requirements have been satisfied and the shipment is released, the cargo can be collected from the port, airport, or terminal and transported to its final destination. A1 can also coordinate trucking and final delivery where required.

When bringing chocolate into the U.S., the shipper should be prepared for the different Customs, FDA, and transportation requirements that can affect the shipment. An ideal time to involve a customs broker is before the goods leave the supplier, particularly when the importer is unsure about the classification, FDA information, or documents that will be needed.

Customs brokers are licensed individuals or companies that can prepare Customs entries, review documentation, assist with tariff classification and duties, and help coordinate the clearance process.

A1 Worldwide Logistics provides customs brokerage, international freight forwarding, domestic transportation and warehousing for commercial chocolate imports. Contact us at 305-821-8995 or info@a1wwl.com with the product, country of origin and shipment details.