Cocoa and preparations made from cocoa (Chapter 18)

Cocoa and cocoa products belong to the sensitive product groups in the customs tariff. In this article, we explain how the customs classification of chocolate, cocoa powder & co. works – and why white chocolate is not considered as “real” chocolate under customs law.

The following products are classified under Chapter 18:

• Raw, roasted, whole or broken cocoa beans (heading 1801).

• By-products and residues from the manufacture of cocoa powder or cocoa butter (cocoa shells, cocoa husks and other cocoa waste) (heading 1802).

• Cocoa mass (heading 1803).

• Cocoa butter, fat and oil (heading 1804). Cocoa powder without sugar or other sweeteners (heading 1805).

• Chocolate and other food preparations containing cocoa (heading 1806).

Customs classification of food products containing cocoa

It is generally determined that all food products from the confectionery industry containing any amount of cocoa, sweetened cocoa powder, chocolate powder, chocolate glaze, and generally all food products containing cocoa are assigned to Chapter 18. However, there are products that cannot be classified in this chapter. These are the following:

Chocolate vs. white chocolate

Chocolate consists of cocoa mass, cocoa butter, and sugar. However, ingredients such as milk, coffee, nuts, almonds, orange peels, etc., can also be added. Chocolate and chocolate products can appear in the form of blocks, bars, tablets, sticks, pralines, balls, particles, or powder products. Alternatively, they can be available as filled products with cream, fruits, alcohol, other spirits, etc. However, white chocolate, which consists of sugar, cocoa butter, milk powder, and flavorings and contains at most small amounts of cocoa, is classified as confectionery in heading 1704 (cocoa butter is not considered as cocoa).

traide Support

The customs classification of food – especially with complex preparations like chocolate – requires precise knowledge of the legal distinctions in the customs tariff. Even small differences in composition, such as the cocoa content, can completely change the classification.
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