Importing goods into the USA can be a daunting task, but with the right knowledge and preparation, it can be a smooth process. Understanding importing regulations, documentation requirements, tariffs, and duties are essential steps to navigate the complexities of importing.
Choosing the right importing method, whether it be air freight or sea freight, can impact the cost and speed of delivery. Navigating customs clearance is another crucial aspect, involving customs brokerage and handling customs inspections.
Ensuring compliance with import regulations, such as product standards and labeling requirements, is vital to avoid penalties and delays. Our team helps you stay ensure your success of importing to the USA.
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Understanding Importing Regulations in the USA
- Importer of Record
- HS codes and Tariff Classification
- Chapter 98 for reduced duty to USA
- Declaring a Value for Importing Goods
- Country of Origin
- Import Duty to the USA
- USA Free Trade Agreements
- Ensuring Your Commercial Invoice Has the Necessary Data
- Types of Consumption Entries to the USA
- Clearance via Partner Government Agencies
- US Customs Surety Bond
- Learn how to navigate the complex world of importing goods into the USA
IMPORTANT: 2025 updates to Section 321- de minimis entries
Importer of Record
Anyone receiving goods from outside the USA are most likely the Importer of Record or IOR. The IOR is broadly defined as the person or entity who owns the goods at the time of import.
US Customs regulations mandate compliance from all importers regardless of how often they import. The mandate includes the concept of "informed compliance." Not knowing of a regulation is not accepted as a reason for non-compliance.
Impact New Tariffs for USA Imports
The USA has new tariffs on goods importing from China, Canada and Mexico. This includes previously duty free de minimis entries. In addition to the tariffs, this will disrupt shipping patterns. For ground shipments from Canada, this will likely mean additional "entry preparation cost."
Shippers may consider converting these volumes to economy air (contact our team for rates).
Creating/ Editing the Importer Identification Form
Importers using formal entries must complete a CBP 5106 form.The businesses Employer Identification Number (EIN) is a necessary field. Individuals need to supply their Social Security Number.
Import Documentation
The paperwork necessary for import to the USA starts with the commercial invoice and bill of lading or waybill.Other documentation and approvals may be necessary as it relates to Food and Drug, Wildlife, and other partner government agency requirements.
The Bill of Lading / waybill and commercial invoice are the most fundamental to cross border shipping.
YouTube: 10 key things to know when importing to the USA
Import Tariffs and Duties
Duty rates to the USA most commonly express as a percentage of the value. Sometimes it can calculate on the quantity, weight or volume. Duty free is accessible for many goods importing with a value under $800. Goods qualifying as originating via a free trade agreement - such as USMCA - can import duty free regardless of value.
What is the HTSUS?
The HTSUS is the The Harmonized Tariff Schedule of the United States. It sets out the tariff rates and statistical categories for all imports. The HTS is based on the international Harmonized System, which is the global system of nomenclature applied to most world trade in goods.
Pre-Alert Requirements Before Sending to USA
Goods shipping to the USA must pass security screening prior to export. This process is the AMS system for Air and Importer Security Filing for Ocean.
- For air shipments, the Automated Manifest System or AMS facilitates this requirement. The filing must be more than 4 hours prior to scheduled departure. For air shipments from Canada, the submission must be at least 1 hour prior to scheduled departure.
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For ocean shipments, the ISF processes (or 10+2) facilitate the notification requirement. The "lowest level" bill of lading number is is transmitted into the ACE system.. The bill of lading number serves as a link between ISF and manifest data.
Choosing the Right Importing Method
The best way to transport your goods to the USA depends primarily on the nature of your goods, size and weight of the consignment and shipping volume.
Air Freight
The benefits of air freight is both speed of delivery. E-commerce importing via air can benefit from express consignment clearance processes.
Sea Freight
The cost advantages of sea freight works for larger/ container size imports. Less than container load can work as well but requires additional transit time.
Navigating Customs Clearance
Generally speaking, most goods with a value under US$2,500 can import without a customs bond. Most goods under US$800 can import duty free.
Customs Brokerage
Importers can assign a customs broker to clear the goods on their behalf. This authorization is via a Power of Attorney or POA. Authorization can be for a single shipment or for all an importers shipments.
US Customs Brokerage Fees for Express Versus Ground shipping
Generally speaking, shipments arriving to the USA via air courier (namely FedEx, UPS and DHL) include entry preparation for most imports under $2,500. Shipments arriving via FedEx or UPS ground are subject to an "entry preparation fee."
Customs Inspections
Custom inspections by the very nature are unpredictable. They can target by area commodity, origin, carrier or port of entry. A specific shipper or importer may also be a target of a higher level of inspections.Increasingly, US ports use a CES (Central Exam Station) for any examinations. This adds additional costs.
Understanding Importing Costs
The main importing costs include import duty, brokerage charges, customs bond, and local facility charges.
Shipping Costs and methods
The shipping costs are usually lower from the exporting country. In general:
- Local Post options are best for individuals shipping to the USA
- FedEx, UPS and DHL are best for sending commercial packages
- High volume parcel flows can benefit from zone jumping to the USA via section 321 processes
- Air freight is best when faster transit is necessary and for smaller cargo
- Ocean freight and Road (Canada/ Mexico) is best for shipping several pallets and container loads.
Import Taxes and Fees to the USA
The list of import fees can include:
- Duty (read more about calculating duty)
- Merchandise Processing Fee (for formal entries)
- Customs brokerage fee (for cargo shipments and ground shipments from Canada)
- Customs bond for formal entries
- Carrier disbursement Fee (for parcel imports)
- Importing port and pickup fees (cargo)
What is a US customs Surety Bond and why is it necessary?
To ensure US customs gets paid, they require importers to secure a "surety bond." The bonds acts as a guarantee of payment should, for example, an importer file bankruptcy or otherwise is not able to pay owed duty.
How US Customs Surety Bond Amounts Are Calculated
Customs determines bond sufficiency based on the 10% of the total import duty and fees paid over the previous12 months. The minimum bond amount of $50,000. For importers paying more than $1 million in duties, bond amounts increase in $100,000 increments.
The Insufficiency Process of US Customs Surety Bonds
Each month, Customs identifies bonds that no longer meet sufficiency requirements. If a bond is deemed insufficient and not increased in time, importers face suspension of import privileges . This suspension can have down stream costs including storage (which can be cray expensive). Also, having insufficient bonds can give insurance companies cause to raise the price of the bond.
What other factors determine the Cost of a US customs Surety Bond?
The core data used by underwriters to determine the cost of a bond is a the importer's financial health, payment history, liquidity, debt ratios and the bond amount. Insurance companies, or sureties, are taking a closer look at potential risks associated with higher duty rates. Another key aspect of cost is an importers exposure to anti-dumping (AD) and countervailing duty (CVD).
Review Customs Bonds Regularly
The best practice is to continuously project duty payments for the next 12 months and adjust bond amounts accordingly. Review bonds well before renewal to allow time for underwriting approvals.
Ensuring Compliance with Import Regulations
Stay on top of import regulations to avoid penalties and delays. The concept of "inform compliance" makes it clear that not knowing of a regulation does not excuse an importer from compliance.
Product Compliance
Product standards, labeling requirements, and certifications relate mostly to Partner Government Agencies. Most common are standard put forth by the Food and Drug Administration.See links to Partner Government Agencies
HTSUS codes and Tariff Classification
The US tariff schedule is available online and built via the World Customs Organization principles. The US classifications are similar in structure to the HS classification of other countries.
Read more about HS Codes and Tariff classification
The first 6 digits of a harmonized code generally are the same.The remaining digits are unique to each country.
Understanding HS codes helpful video
Declaring a Value for Importing Goods
In general, the most common method for importing goods is via the Transaction Method.
The transaction value of importing merchandise is the price actually paid or payable for the merchandise when sold for exportation to the United States, plus amounts equal to:
- The packing costs payable by the buyer
- Any selling commission payable by the buyer
- The value, apportioning as appropriate, of any assist
- Any royalty or license fees as a condition of the sale
- The proceeds of any subsequent resale, disposal, or use that accrue to the seller
Note that US customs does not consider transport costs as part of the transaction value.
Country of Origin for USA Imports
Just shipping goods from a specific country is not the same as their country of origin. The country of origin more commonly refers to the country of manufacture. Goods of a specific origin may qualify for duty import via a free trade agreement. However, from where goods ships can impact such things as quotas and target of enforcement. A certification of origin for import to the USA is necessary for preferential duty free import via a free trade agreement.
Read More: Certification of Origin Necessary for Duty Free Import to USA
Marking of Country of Origin on U.S. Imports
Every article of foreign origin entering the United States must be legibly marked with the English name of the country of origin unless an exception from marking is provided for in the law.
Import Duty to the USA
The general rate of import duty to the USA are lower than to most countries. In most cases is ad valorem or a percentage of the value. In some cases, import duty can assess on a unit of weight, volume and quantity.
Discover Duty Free Import to the USA
The general rates of import duty to the USA are available in the US tariff. Duty free import is possible under the following conditions:
- Goods are under $800 and qualify for Section 321 import
- If the General rate of duty is 0%
- If the import qualifies as originating via a USA trade agreement
US Antidumping and Countervailing Duties
Antidumping (AD) and Countervailing Duties (CVD) are becoming more common. These rates are meant to be punitive and, as such, are significantly higher than what is shown in the tariff schedule. Often, the AD/ CVD rates are not shown in the column 1 duty rate. Or they are not abundantly clear in the section notes. The best way to guard against an unexpected AD/CVD duty is to get a binding ruling from customs.
Utilizing Chapter 98 provisions of the Harmonized Tariff Schedule (HTSUS)
Chapter 98 of the US tariff schedule has provisions which can qualify certain goods for a reduced - or zero - rate of duty. It can be useful for US origin goods being returned. This can include such things as personal effects and goods that were repaired overseas (the cost of the repair may be dutiable but not the goods themself).
Crossing Land Border
Over 80 percent of North American trade cross via land borders. The processes are unique regarding truck transport requirements. However, the fundamentals of customs clearance remain the same. Contact our team for Canada -USA cross border shipping.
How can I benefit from USA Free Trade Agreements
In addition the USMCA with Canada and Mexico, the USA has free Trade Agreements with 20 countries in total. The programs facilitate trade in merchandise by allowing originating goods to import duty free. Each agreement has "rules of origin" outlining how the goods can qualify. To benefit from these programs, qualifying goods much include a Certificate of Origin (or certification of origin).
Learn how to navigate the complex world of importing goods into the USA
- Ensuring Your Commercial Invoice Has the Necessary Data
- Types of Consumption Entries to the USA
- Clearance via Partner Government Agencies
Ensuring Your Commercial Invoice Has the Necessary Data
The Commercial Invoice is among the most important documents for importing to the USA. Data from the invoice is useful for customs entry information, certifications, value, and admissibility.
- Shipper's details*, consignee details (including tax ID/ IRS number).
- Specific description of the goods, the value of the goods, and the country of manufacture.
- Complete /specific description of the merchandise
- Quantities and unit values (specify currency)
- Country of manufacture of the goods
- The Harmonize Tariff Code of the United States
- Shipping Terms
* The name and complete address of the foreign individual or firm who is responsible for invoicing the merchandise.Ordinarily the manufacturer/seller. If not, the party who sold the merchandise for export to the United States or made the merchandise available for sale.
Note: The manufacturers name and address is necessary for any wearing apparel entries. If the country of origin is China,the full name and address of the manufacturer including the zip code is necessary for entry.
Useful Information regarding a commercial invoice for customs.
Types of Consumption Entries to the USA
There are three basic entry types for importing goods to the USA.
- Under US$800: Section 321 (Express, Cargo, Type 86)
- Under US$2,500: Informal
- Over US$2,500 (and otherwise with restrictions): Formal entry
A formal entry requires a customs bond and record keeping years following import.
IMPORTANT: 2025 updates to Section 321
Entry type 11 / informal entry Versus de minimis entry type 321. Additional information necessary for entry preparation includes:
- Importer, Vendor, Consignee information
- Transport and packaging details
- Descriptions of goods and 10 digit US tariff classifcation
- Duty Calculation and payment within 10 days of clearance
- Partner Government Data where required and other applicable certifications
- CBP must receive a completed 7501 electronically for these goods
First Sale Rule to USA for e-commerce imports
With the likely elimination of the de minimis - section 321 duty free exemption, some importers are searching for ways to lower the accepted transaction value. One valuation method under consideration is known as the “First Sale Rule,” In theory this implies that declaring a the manufacturer’s cost as the value may be acceptable when certain conditions are met. But, the retail cost transaction to the US consumer is considered the default valuation.
The burden of proof on the importer to validate that the conditions for the First Sale Rule met are extraordinary and require legal guidance.
- If a US based company must serve as the importer of record.
- he transaction is between the seller and the US entity (acting as the wholesaler).
- The ultimate customer is charged after import into the US
- hat part of the transaction is considered a domestic transaction.
- The value declared is between the shipper and US importer
- here are tax implications
While the potential duty savings are attractive, he cost and risk of complicated compliance is likely not worth the savings.
Clearance via Partner Government Agencies
Clearing US Customs often requires approval from another government agency. Most notably are cosmetics, food, drugs, wildlife goods etc.
PDF presentation of Partner Government Agencies
Best Shipping Options to the USA
The best shipping option depends primarily on the size and weight of consignments along with volume of shipments. If you wish to receive samples from a supplier in a small packages, the best option is usually via FedEx, UPS or DHL. Postal options may be useful as well.
Getting a quote from your supplier
The best pricing for shipping is often from the country from where the goods ships. This is referred to as "in country pricing." In other words, the best price for shipping cargo from Thailand, for example, is usually via a carrier or forwarder in Thailand. The advantage of getting a local quote is better communication. This is especially true when it comes to import recovery, fees and final delivery.
Review of the modes for international shipping to the USA
In general, small packages best ship via courier. Several packages up to a pallet or two generally are best via air freight. As the weight goes beyond around 500 kilograms, ocean freight becomes the lowest cost option. Ocean freight has many accessorial fees with minimums. This makes sea freight more expensive for lower weight shipments. For high volume parcel flows, consider air freight to an express consignment (ECCF) or container freight station (CFS). Contact Jet's team for assistance.
Benefit from a consultation or presentation with our team: info@jetworldwide.com