Cocoa-Containing Food Preparations in Blocks, Slabs or Bars (NES)

In trade classification, 'chocolate' typically requires meeting a specific standard of identity — including minimum cocoa solids content and the use of cocoa butter rather than substitute fats. Products using cocoa butter equivalents or vegetable fat blends, or those with cocoa content below the threshold, are classified as NES food preparations even if they look and taste like chocolate. Importers should have the product's formulation reviewed against applicable standards before filing entry.

FDA requires that major food allergens — including milk, tree nuts, peanuts, and soy — be declared on retail packaging. For bulk or semi-retail slabs, the commercial invoice and accompanying documentation should identify all allergens present. Failure to declare allergens is a leading cause of FDA import alerts and product detentions for confectionery products. Consulting a licensed customs broker or FDA regulatory specialist is advisable before the first shipment.