Food and Beverage HS Codes: FDA and FSVP

Food imports into the US navigate three overlapping rule sets: HS classification for duty calculation, FDA Food Safety Modernization Act (FSMA) for safety, and USDA regulations for meat, poultry, and egg products. The duty side is often the simpler part. The FSVP and Prior Notice requirements dominate operational compliance.

This guide covers the relevant HS chapters, the FDA framework, and the practical entry process for food and beverage imports.

HS chapters covering food

The HS organizes food by stage of processing:

Worked example: 100,000 USD of Indonesian coffee

A US specialty roaster imports 100,000 USD of green Sumatran Arabica coffee. HTS 0901.11.00. MFN 0 percent. Section 122 at 10 percent (coffee is not on the exemption list).

Compliance:

• FSVP completed by importer for the Indonesian supplier.
• Prior Notice filed before arrival.
• FDA Acidified Food / LACF registration: not applicable for green coffee.
• BSE-affirmation: not applicable.
• Pesticide residue compliance per US EPA tolerances.

TRQ products

US Tariff-Rate Quotas with significant over-quota rates:

Over-quota rates are essentially prohibitive. Country-by-country TRQ allocations determine which exporters get in-quota access.

FSMA and FSVP

The Foreign Supplier Verification Program is one of seven core FSMA rules. It applies to the US importer of food (other than meat, poultry, processed egg, and certain low-acid canned foods regulated under different programs).

The FSVP requirements:

1. Identify the foreign supplier for each food.
2. Conduct hazard analysis to determine known or reasonably foreseeable hazards in the food.
3. Evaluate the risk posed by the food and the supplier's performance.
4. Determine appropriate supplier verification activities:
   • Onsite audit (annually if hazards exist that could cause serious adverse health consequences).
   • Sampling and testing.
   • Review of relevant food safety records.
5. Conduct supplier verification activities.
6. Take corrective actions when problems are identified.
7. Maintain records for two years.

The importer must designate a Qualified Individual who has training or experience to develop and implement the FSVP. For high-volume importers, this is a dedicated compliance role.

Prior Notice

Prior Notice is filed electronically before food arrives. Information includes:

• Description of the food, quantity, manufacturer.
• Shipper, importer, ultimate consignee.
• Carrier and conveyance.
• Anticipated arrival date and time.
• FDA registration number of the manufacturer or processor.

Submission timing:

• Air or land: at least 4 hours before arrival.
• Sea: at least 24 hours before arrival.

For drugs and medical devices, similar pre-arrival notification is built into PGA filings rather than a separate Prior Notice.

Facility registration

Foreign food facilities that manufacture, process, pack, or hold food for US consumption must register with FDA under 21 CFR 1.225. Registration is biennial. The importer should verify registration before placing orders.

USDA jurisdiction: meat, poultry, processed egg

Meat (chapter 2), poultry (chapter 2), and processed egg products are regulated by USDA Food Safety and Inspection Service (FSIS), not FDA. The framework is different:

• The foreign country must be certified equivalent to the US system by USDA FSIS.
• The foreign establishment must be certified by the equivalence authority in that country.
• Each shipment requires a government health certificate from the country of origin.
• Imports are inspected at USDA-designated import inspection establishments.

Countries currently approved for meat exports to the US include: Argentina, Australia, Brazil (partial), Canada, Chile, EU member states, Honduras, Hungary, Iceland, Israel, Japan, Mexico, New Zealand, Nicaragua, Poland, UK, Uruguay, and others. China is not approved for most meat exports.

Beverages

Chapter 22 covers beverages and spirits. Notable points:

• Alcoholic beverages: subject to Federal Excise Tax (TTB jurisdiction). Wine: 1.07 to 3.40 USD per gallon. Beer: 7 to 16 USD per barrel. Distilled spirits: 2.70 to 13.50 USD per proof gallon.
• Soft drinks: chapter 22; no excise federally (but state-level taxes vary).
• Energy drinks: chapter 22; some categorize as dietary supplements depending on labeling.

TTB requires Certificate of Label Approval (COLA) for alcoholic beverages.

High-friction categories

• Low-acid canned foods (LACF) and acidified foods: special FDA registration (FCE, SID).
• Dietary supplements: FDA-regulated as food but with specific labeling requirements (Supplement Facts panel, structure-function claims).
• Infant formula: very strict compliance under FDA Infant Formula Act.
• Bottled water: FDA Standards of Identity and Quality.
• Honey: subject to AD orders from China, Argentina, India, others.
• Seafood: HACCP requirements; species substitution risk.

How the calculator handles food

The LandedFees calculator for food and beverage HTS:

1. Classifies the HTS.
2. Identifies TRQ products and prompts for quota status.
3. Applies Section 122 (food is mostly not exempt).
4. Surfaces FDA framework: FSVP, Prior Notice, facility registration.
5. Notes USDA jurisdiction for meat, poultry, processed egg.
6. Notes TTB jurisdiction for alcoholic beverages.

Section 122 status as of June 20 2026

The May 7 2026 Court of International Trade ruling in Oregon v. United States (consolidated with Burlap and Barrel v. United States) struck down the Section 122 proclamation. The Federal Circuit issued an administrative stay on May 12 2026, so CBP is still collecting the duty pending appeal. Importers paying now should preserve protest rights and refund claims in case the government loses on the merits. The underlying Section 122 authority sunsets July 24 2026 under the statutory 150-day ceiling, regardless of the appeal outcome, unless Congress extends or a fresh proclamation restarts the clock.

Related guides

• HS Code Lookup: How to Find Yours
• Pharma HS Codes and FDA Requirements
• Cosmetics: HS Codes + MoCRA
• Calculate Import Duty: Brazil to USA
• Calculate Import Duty: Indonesia to USA
• Restricted Products: A Plain-English Guide

Try the LandedFees HS lookup tool for food classification.