Coffee, tea and cocoa · FDA · USDA organic
Importing coffee, tea and cocoa into the United States
Coffee, most tea and cocoa beans are free of duty and exempt from the 2026 Section 301 forced labor duty. FDA still reviews every shipment as food. Allied CHB, a licensed customs broker, files the entry and the FDA prior notice.
Agencies
Which agencies regulate coffee, tea and cocoa?
- FDA
Prior notice
FDA must receive prior notice of each food shipment before it arrives (21 CFR 1.279). The lead time is 8 hours by water, 4 hours by air or rail, and 2 hours by road. Food without adequate prior notice can be refused and held at the port (21 CFR 1.283). - FDA
Food facility registration
The foreign facility that processes, packs or holds the product must be registered with FDA (21 CFR 1.225). Farms are exempt (21 CFR 1.226). Registrations are renewed from October 1 to December 31 of each even-numbered year (21 CFR 1.230). The next window is October 1 to December 31, 2026. - FDA
Foreign Supplier Verification Program
The FSVP importer must verify that each foreign supplier meets U.S. food safety rules. Each entry line must name the FSVP importer, with an email address and a unique facility identifier (21 CFR 1.509). - USDA AMS
Organic imports
Each organic shipment needs a NOP Import Certificate issued through the Organic Integrity Database before export (7 CFR 205.273). The certificate number goes into ACE in the OR2 message set. Organic cocoa powder and chocolate lines became must-file on July 1, 2026. - CBP
Forced labor orders
CBP enforces withhold release orders against named producers. In January 2026 CBP ordered the detention of coffee harvested by Finca Monte Grande in Mexico. - FDA
Tea
The Tea Importation Act and its tea-tasting board ended in 1996 (Public Law 104-128). Tea now follows the same FDA food rules as coffee, including prior notice, facility registration and FSVP.
HTS and duties
Which HTS chapters and duties apply in 2026?
| HTS | Goods | Base duty | Chapter 99 duties in effect (September 26, 2026) |
|---|---|---|---|
| 0901 | Coffee: green, roasted, decaffeinated | Free | Exempt from the forced labor duty (9903.05.86) and from the Section 301 duty on Brazil. China: 7.5 percent (List 4A). |
| 2101.11, 2101.20 | Instant coffee; coffee and tea extracts | Free | Exempt from the forced labor duty. China: 7.5 percent (List 4A). |
| 0902 | Tea: green, black and oolong | Free. Flavored green tea: 6.4% | Exempt from the forced labor duty. China: 7.5 percent (List 4A). |
| 1801, 1802 | Cocoa beans; cocoa shells and waste | Free | Exempt from the forced labor duty and from the Section 301 duty on Brazil. |
| 1803 to 1805 | Cocoa paste, cocoa butter and unsweetened cocoa powder | Free to 0.52 cents per kg | Exempt from the forced labor duty and from the Section 301 duty on Brazil. |
| 1806 | Chocolate and other food preparations with cocoa | Free to 10%. Over-quota lines up to 52.8 cents per kg plus 8.5% | Forced labor duty applies (10 or 12.5 percent by origin). Brazil: also 25 percent under Section 301. China: 7.5 percent (List 4A). |
Base duty is the column 1 general rate in the Harmonized Tariff Schedule. A trade agreement can lower it. The rate for your goods depends on the full 10-digit number and the country of origin.
- Chocolate and cocoa preparations with sugar or milk solids can fall under tariff-rate quotas. Over-quota entries pay a specific rate plus a percentage, and can also pay a safeguard duty under Chapter 99, subchapter IV.
- Quota Bulletin 26-215 sets the 2027 quota year for cocoa powder under additional U.S. note 1 to chapter 18. It runs from October 1, 2026 to September 30, 2027.
- The 25 percent Section 301 duty on Brazil applies since July 22, 2026. It exempts coffee, tea, cocoa beans, paste, butter and powder, and coffee and tea extracts (9903.05.03). The forced labor duty exempts the same goods (9903.05.86).
- Organic coffee has its own 10-digit statistical numbers, for example 0901.11.0015 for certified organic green arabica.
Section 301 forced labor duty: 10 or 12.5 percent since July 24, 2026
USTR set an extra duty on goods of 60 economies (HTS 9903.05.20 to 9903.05.84). For example, goods of China, Hong Kong, Vietnam and Thailand pay 12.5 percent. Goods of India, Bangladesh, Indonesia and the United Kingdom pay 10 percent. Canada and Mexico pay 10 percent, except on goods that enter free under USMCA.
For the EU and Taiwan, the duty tops up the base rate to 10 percent. For Japan, South Korea and Switzerland, it tops up to 12.5 percent. Products listed in U.S. note 52 and goods properly entered under Chapter 98 do not pay it. CBP guidance, CSMS 69326983.
What else changed in 2026
IEEPA duties ended in February 2026. CBP refunds them with interest through CAPE declarations in the ACE Portal. IEEPA refunds.
The 10 percent Section 122 surcharge applied from February 24 to July 24, 2026. Section 301 duties on goods of China and Section 232 duties still apply where the actions say so. Section 301 China duties add to the forced labor duty. Goods under the Section 232 duties on metals, vehicles and parts, wood products and semiconductors do not pay the forced labor duty (9903.05.90).
Checklist
What documents do I need?
Commercial invoice and packing list
Product (green, roasted or instant), variety, grade, net weight, number of bags or cartons, value and the shipper.
FDA registration number
The FDA food facility registration number of the facility that processed or packed each product.
Prior notice confirmation
We file prior notice with the entry. If someone else files it, send us the confirmation number.
FSVP importer details
Name, email address and unique facility identifier of the FSVP importer (21 CFR 1.509).
NOP Import Certificate
For organic goods: the certificate number from the Organic Integrity Database, issued before export.
Power of attorney and bond
A signed customs power of attorney and a customs bond. You can sign our power of attorney online.
Holds
What causes holds?
Missing or late prior notice
Food without adequate prior notice can be refused. It is then held at the port unless CBP allows immediate export (21 CFR 1.283).Facility not registered
Food from an unregistered facility is held at the port. FDA treats a registration as expired if it is not renewed in the even-year window (21 CFR 1.241).FDA sampling
FDA can sample for pesticides, contaminants or filth. The goods wait for the lab result. A failed sample can lead to refusal and an import alert for the supplier.Organic certificate problems
A draft certificate, or a 10-digit NOP ID instead of the 21-character certificate number, is not valid. Organic goods without a valid certificate can be re-exported, donated or destroyed.Forced labor orders
Coffee harvested by Finca Monte Grande in Mexico is detained under a withhold release order issued in January 2026.Retail label problems
Retail packs without the required English labeling, such as the product name, net quantity or allergens, can be refused as misbranded.
Process
How do we clear it?
- YouBefore loading
Send the shipment details
Send the invoice, the supplier and facility details, and the organic certificate if the goods are organic.
- Allied
Check FDA and USDA data
We check the facility registration, the FSVP importer data and the organic certificate before the goods arrive.
- AlliedBefore the deadline
File prior notice and the entry
We file the entry and the prior notice in ACE before the deadline for the mode of transport.
- AlliedOn arrival
Follow the FDA review
FDA screens the entry. If FDA holds or samples it, we tell you and arrange the exam.
- YouAfter release
Book the pickup
When FDA and CBP release the goods, your trucker or warehouse picks them up.
- Allied
Entry summary and duty
We file the entry summary, pay any duty by ACH and keep the entry records.
Request: Coffee, tea and cocoa import clearance
Quote on request
Questions
Importing coffee, tea and cocoa: common questions
Is coffee duty free in 2026?
Yes, in most cases. Green and roasted coffee (0901) has no base duty. It is exempt from the Section 301 forced labor duty and from the 25 percent Section 301 duty on goods of Brazil. Coffee of China still pays 7.5 percent under Section 301 List 4A.
Does tea still get a special government test?
No. The Tea Importation Act was repealed in 1996 (Public Law 104-128). Tea follows the normal FDA food rules: prior notice, a registered facility and FSVP. FDA can still sample any shipment.
Who must register with FDA: the farm or the exporter?
Farms are exempt from food facility registration (21 CFR 1.226). The facility that processes, packs or holds the food, such as a dry mill, roaster or export warehouse, must register. The next renewal window is October 1 to December 31, 2026.
What is a NOP Import Certificate?
It is a certificate for one organic shipment, issued by the exporter's certifier through the USDA Organic Integrity Database before export. It has been required since March 19, 2024 (7 CFR 205.273). We file its 21-character number in ACE.
Is chocolate treated like cocoa beans?
No. Chocolate (1806) has base rates from free to 10 percent. Some products with sugar or milk solids fall under tariff-rate quotas with higher over-quota rates. Chocolate is not exempt from the Section 301 forced labor duty, so goods of the 60 listed economies pay 10 or 12.5 percent.
What happens if FDA samples my shipment?
The goods stay on hold until FDA has the lab result. If the sample passes, FDA releases the goods. If it fails, FDA can refuse admission, and the goods must be exported or destroyed under CBP supervision.
Importing coffee, tea or cocoa? Send us the booking.
Call (908) 291-8001 or email info@alliedchb.com
Last reviewed September 26, 2026. This page explains customs rules in general terms. It is not legal advice. Duty rates and CBP procedures change often, and we confirm the figures for your shipment in writing before you commit.