A container of cocoa powder rarely fails at US Customs because of the tariff line. It fails because three people assembled the paperwork separately: the supplier wrote a certificate of analysis against its own spec, the importer filed an entry without a current FDA registration number, and nobody owned the FSVP file. The result is always the same — no "may proceed" notice, demurrage from day four, and a buyer explaining to production why the line stops next week.
Cocoa powder without added sugar or other sweetening matter is classified under HTS heading 1805.00. Under the general rate that line has historically been free, which is why cocoa powder is often described as duty-free. Treat that as a starting point, not a conclusion: the effective rate depends on entry date, country of origin and whether a trade-remedy action covers that origin. Confirm it in the current Harmonized Tariff Schedule before quoting landed cost.
The foreign facility must be registered with FDA and must name a US agent. Registration is renewed biennially in even-numbered years, between 1 October and 31 December. A lapsed registration breaks the entry, because the registration number is a required field on the prior notice. When a supplier changes its legal entity or facility address without updating the record, the number on the certificate will not match FDA's system — a routine cause of holds.
Prior Notice must reach FDA and be confirmed ahead of arrival: at least 8 hours before arrival by vessel, 4 hours by air or road. It must carry the correct registration number, manufacturer identity, country of origin and article description. A notice filed for "cocoa powder, alkalized" against an invoice reading "natural" is a mismatch an inspector spots immediately.
Under the Foreign Supplier Verification Program (21 CFR Part 1, Subpart L), the FSVP importer — normally the US owner or consignee at entry — must verify that each foreign supplier produces the food in compliance with hazard analysis and risk-based preventive controls, and that the food is not adulterated or misbranded. That means a DUNS number, a hazard analysis per food, and documented verification. For cocoa powder the hazards worth naming are Salmonella, mycotoxins, heavy metals and foreign matter.
A supplier that cannot produce a lot-specific certificate of analysis, a process flow with the microbial kill step identified, heavy-metal results from an accredited laboratory and a spec signed against your purchase order leaves that file incomplete. That is a supplier selection problem wearing a documentation costume.
Document | Issued by | What is checked |
|---|---|---|
Invoice and packing list | Supplier | Description matching prior notice, net/gross weight, Incoterm, HTS 1805.00 |
Bill of lading | Carrier | Consignee, port of entry, container and seal |
Prior Notice confirmation | Importer or broker | Confirmation number, registration number, arrival timing |
Certificate of analysis | Supplier laboratory | Fat, moisture, ash, pH, mesh, micro, heavy metals |
Heavy-metal and mycotoxin reports | Accredited third party | Lead, cadmium, total aflatoxins against buyer limits |
FSVP records | Importer | Hazard analysis, supplier approval, verification activity |
Under 21 CFR Part 101, cocoa processed with an alkalizing agent is declared as "cocoa processed with alkali", not simply "cocoa powder" — minor on a 25 kg bag, a recall risk on your customer's retail pack. Net quantity must appear in metric and US customary units ("25 kg (55 lb)") in the required type size, with the common name and the packer's business address on the principal display panel. Separately, CBP requires origin marking under 19 CFR Part 134 — "Product of China" — legible and permanent on the container.
Fat content decides which powder you buy; this table decides whether the lot is accepted. Ranges are typical commercial targets for a purchase specification, not universal standards.
Parameter | Typical target | Why it matters in the US |
|---|---|---|
Fat content | 10–12% or 4–8% | Drives color, mouthfeel and cost; must match the declared spec exactly |
Moisture | ≤5% | Above target, caking and mold risk rise across a 30–40 day transit |
pH | 5.0–6.0 natural; 7.0–8.0 alkalized | Confirms alkalization level and predicts color in the finished bake |
Lead and cadmium | Buyer limits, tested per lot | California Proposition 65 exposes sellers to warning or enforcement action; its maximum allowable dose levels are 0.5 µg/day for lead and 4.1 µg/day for cadmium |
Total aflatoxins | Below 20 ppb | 20 ppb is FDA's action level for total aflatoxins in foods |
Mesh | 99.5% through 200 mesh, typical | Coarse powder shows as speckling in dark coatings and dry mixes |
Microbiology | Salmonella negative per 25 g | Supports the importer's FSVP hazard analysis |
Heavy metals come from soil and post-harvest handling, not from a careless supplier; what matters is that each lot is tested and the report arrives before shipment, not after a hold. Ask for the analysis on the lot you are buying, never last season's certificate.
Standard packing is 25 kg multi-wall kraft bags with a food-grade polyethylene liner, or 1 MT FIBC sacks where your plant can handle them. Palletized 25 kg bags load about 18 MT into a 20-foot container (roughly 720 bags); a 25 MT requirement normally moves as a 40-foot load. Floor loading gains tonnage but costs unloading time and arrives with torn liners and caked lumps.
Plan the commercial terms around heat and humidity: keep the container out of direct sun, specify a ventilated option for summer sailings, and match transit time to remaining shelf life. Sealed bags typically carry 18–24 months below 25 °C and 60% relative humidity, counted from production — a 35-day transit plus a month of port and inland moves takes 65 days off that before the powder reaches your warehouse.
No product-specific license exists. The foreign facility needs a current FDA registration with a US agent, the importer files Prior Notice before arrival, and the FSVP importer keeps a verification file. These are registrations and records, not licenses.
HTS 1805.00 has generally carried a free general rate. Verify the rate for your entry date and origin, since trade-remedy measures can change the effective cost, and note that sweetened powder falls under a different heading.
Yes, but the FSVP importer role still has to be filled by a US owner or consignee, and the prior notice must name that importer of record. A direct shipment with no US party performing verification leaves the entry exposed even when the product is compliant.
If you are qualifying a cocoa powder supply for the US market, send your target specification — fat content, alkalization level, mesh, packaging and destination port — and we will confirm what can be documented per lot, including the analysis your FSVP file needs. Natural, alkalized and black cocoa powders ship in 25 kg bags and bulk sacks.
Natural Cocoa Powder 4-8% Fat — natural, unalkalised cocoa for bakery and beverage use
Alkalized Cocoa Powder 10-12% Fat — alkalised, darker colour for ice cream and coatings
Black Cocoa Powder 10-12% Fat — heavily alkalised, near-black colour for sandwich biscuits