🇺🇸 Buyer Resource · Geo-Targeted
📅 14 September 2026 ·
🕐 10 min read ·
📍 SVC Group, Vietnam
FSVP
Governing framework
21 CFR Part 1 Subpart L
0%
Current kernel tariff
Reduced from 20% in 2025
3yr
Max reevaluation cycle
Foreign supplier review
0801.32
HTS code
Shelled cashew nuts
Importing cashews into the United States involves a compliance framework that is more specific, and more the importer's own legal responsibility, than most first-time buyers expect. The rules are not exotic — but getting them wrong stops a shipment at the border, and the party accountable for getting them right is the US importer, not the foreign supplier.
This article covers what FSVP actually requires, the tariff situation as it currently stands, and the practical entry process for a cashew shipment arriving at a US port.
📜 The core framework
FSVP: What It Actually Requires Of The US Importer
The Foreign Supplier Verification Program, under 21 CFR Part 1 Subpart L, places the compliance obligation on the US importer, not the foreign manufacturer. This is the detail most new buyers miss: SVC can hold every certification in the world, but the FSVP paperwork trail is a US-side legal responsibility.
Hazard analysis. The importer must identify and evaluate known or reasonably foreseeable hazards for the specific food — for cashew, this includes aflatoxin, Salmonella, and undeclared allergens
Foreign supplier evaluation. The importer must evaluate the foreign supplier's food safety performance, including their compliance history and applicable FDA food safety regulations
Supplier verification activities. Based on the risk level of the hazard, the importer determines and conducts appropriate verification — which can include onsite audits, sampling and testing, or review of the supplier's food safety records
Corrective action procedures. A documented process for what happens if verification identifies a problem with the foreign supplier's performance
Periodic reevaluation. Supplier approval must be reevaluated at least every three years, or sooner if new information suggests a change in risk
A Qualified Individual must develop and perform these FSVP activities — someone with the training and experience to conduct hazard analysis and evaluate a foreign supplier's food safety compliance appropriately. This can be an employee of the importer, or a qualified third party.
The practical implication: a US buyer sourcing cashew from SVC for the first time needs their own FSVP documentation in place before the first shipment clears customs — not eventually, and not something the exporter can complete on their behalf.
Who Is Named As The FSVP Importer At The Border
At the time of US entry, the FSVP importer must be identified to Customs and Border Protection (CBP) using their Unique Facility Identifier — in practice, a DUNS number. This is a specific, named legal entity responsible for the shipment's FSVP compliance, and it must be correctly declared at entry. An incorrectly identified importer of record is a common and entirely avoidable cause of entry delay.
💰 Tariffs
Where Duty Rates Stand For Vietnamese Cashew Kernels
Following the tariff disruption that affected Vietnamese cashew exports to the US through 2025, duty on shelled cashew kernels has been reduced to 0%. This followed a period of a 20% retaliatory tariff that meaningfully reduced US import volume through the disruption — even as Vietnam retained a dominant share of the US cashew market overall.
| Item | Current status |
|---|
| HTS Code | 0801.32 — cashew nuts, shelled |
| Current duty rate | 0% |
| Prior disruption | 20% retaliatory tariff period through 2025, since resolved |
| US import share held by Vietnam | Over 87% of the US cashew import market despite the disruption period |
Tariff status can change with trade policy developments. Confirm current duty treatment with your customs broker at the time of shipment rather than relying on a historical rate.
FALCPA And The Nutrition Facts Panel
Cashews are a major food allergen under US law (tree nuts), which means the Food Allergen Labeling and Consumer Protection Act (FALCPA) requirements apply directly:
Cashew must be declared in the ingredient list, or in a separate "Contains" statement, using its common name
The current FDA Nutrition Facts panel format (2020+ revision) is required, with per-serving declarations
Net weight must be declared in both US customary and metric units
Importer of record name and address must appear on the label or outer carton
📦 Entry process
What Happens When A Container Reaches A US Port
1
Prior Notice To FDA
FDA Prior Notice must be filed before the shipment arrives, giving FDA advance information on the food, shipper, and expected arrival. This is separate from, and in addition to, standard CBP customs entry filing.
2
CBP Entry Filing
The customs broker files entry using the correct HTS classification, declared value, and FSVP importer identification. Documentation package (Commercial Invoice, Packing List, Certificate of Origin) supports this filing.
3
FDA Review And Possible Examination
FDA reviews the entry against its risk-based screening. Most compliant shipments clear without physical examination; a subset are selected for sampling or detention based on risk factors including the specific product, origin, and any prior compliance history.
4
Release And Delivery
Once cleared, the container is released for delivery to the importer's designated location. FSVP records should be retained and available for FDA review even after the shipment has cleared and moved on.
✅ What SVC provides
Documentation SVC Supplies To Support A US Buyer's FSVP File
Current BRC and HACCP certification documentation, with audit reports available on request
Certificate of Analysis for the specific batch, including aflatoxin and microbiological results
Facility and process information sufficient to support the importer's own hazard analysis
Responsiveness to sampling and verification requests as part of the buyer's ongoing FSVP supplier evaluation
SVC can support the documentation an FSVP importer needs — but the FSVP program itself, and the legal responsibility it carries, belongs to the US-side importer of record. Buyers new to US import should confirm their FSVP file is complete with their own compliance counsel or customs broker before the first shipment.
💬 CEO Perspective
US buyers new to cashew import sometimes assume FSVP compliance is something we handle. We support it fully with documentation — but the responsibility genuinely sits with the importer, and we would rather say that plainly upfront than have a buyer discover the gap when a shipment is already at the border.
— 𝐂𝐄𝐎, 𝐒𝐕𝐂 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐉𝐒𝐂
Sourcing for the US market?
SVC can provide the full documentation package to support your FSVP file — available before your first order ships.
🏭
About SVC Group
BRC · SMETA · Halal · Kosher · HACCP · FSPCA · 700+ MT/month · 72+ countries · Dong Nai Province, Vietnam
Read next
Buyer Resource · Supporting
Logistics & Trade Ops · Supporting
