Expanding into the United States market can open the door to significant growth opportunities for international businesses. However, importing goods into the U.S. as a foreign company comes with specific requirements, regulations, and processes that must be followed carefully. Understanding these steps is essential to avoiding delays, penalties, or disruptions in your supply chain.
If you are a foreign company importing into the US for the first time, this guide will walk you through the key steps and considerations so you can move forward with confidence.
Step 1: Determine Your Importer Status
The first step in learning how to import into the United States as a foreign company is understanding your role as the importer of record.
Foreign businesses can import goods into the U.S. by acting as a non-resident importer. A non-resident importer USA entity is a company that does not have a physical presence in the United States but is still responsible for ensuring goods comply with U.S. laws and regulations.
As the importer of record, you are responsible for:
- Filing entry documentation with U.S. Customs and Border Protection
- Paying duties, taxes, and fees
- Ensuring compliance with all applicable regulations
- Retaining your import-related records per 19 CFR Part 163
Some foreign companies choose to work with a U.S.-based partner or distributor who acts as the importer of record. Others prefer to maintain full control by registering as a non-resident importer.
Step 2: Obtain an Importer Number
Before you can begin importing, you must obtain an importer identification number.
This is typically your Employer Identification Number or EIN, which is issued by the Internal Revenue Service. Foreign companies without a U.S. presence can still apply for an Importer Number.
This number is essential because it allows U.S. Customs and Border Protection to track your import activity and process your shipments.
Step 3: Complete CBP Form 5106
Once you have your importer number, you will need to complete CBP Form 5106.
This form is used by U.S. Customs and Border Protection to establish your identity in their system. It includes information such as your company name, address, contact details, and business structure.
Accuracy is critical when completing this form. The information must match IRS records exactly. Even small discrepancies can result in delays or requests for additional documentation.
Without an approved CBP Form 5106 on file, your shipments cannot be cleared through customs.
It is strongly suggested to consult with a Customs Broker to assist in this importer registration filing.
Step 4: Classify Your Goods Correctly
Every product imported into the United States must be assigned a classification under the Harmonized Tariff Schedule of the United States, often referred to as HTSUS.
This classification determines:
- The duty rate applied to your goods
- Any applicable trade programs or restrictions
- Required documentation or special compliance measures
Incorrect classification can lead to underpayment or overpayment of duties, shipment delays, and/or penalties. It is important to take the time to classify your goods correctly or work with an experienced customs professional.
Step 5: Understand Duties, Taxes, and Trade Programs
As a foreign company importing into the US, you are responsible for paying all applicable duties, taxes, and fees.
These may include:
- Standard import duties based on classification
- Additional tariffs under trade measures such as Section 301 or Section 232
- Merchandise Processing Fees and Harbor Maintenance Fees
It is also important to explore whether your goods qualify for preferential treatment under trade agreements such as USMCA or other programs.
Understanding your total landed cost ahead of time helps you price your products accurately and avoid unexpected expenses.
Step 6: Ensure Regulatory Compliance
Many products entering the United States are subject to regulations from government agencies beyond U.S. Customs and Border Protection.
Depending on your product, you may need to comply with agencies such as:
- Food and Drug Administration
- Environmental Protection Agency
- Federal Communications Commission
- Department of Agriculture
These agencies may require additional permits, testing, labeling, or certifications.
Failing to meet these requirements can result in shipment holds, refusals, or even destruction of goods. It is essential to understand all regulatory requirements before shipping your products.
Step 7: Work with a Licensed Customs Broker
While it is possible to manage the import process independently, many foreign companies choose to work with a licensed customs broker.
A broker can assist with:
- Preparing and submitting entry documentation
- Ensuring compliance with customs regulations
- Classifying goods correctly
- Communicating with U.S. Customs and Border Protection
For companies new to the U.S. market, working with a knowledgeable partner can significantly reduce risk and streamline the process.
Step 8: Arrange Shipping and Logistics
Once your documentation and compliance requirements are in place, you will need to coordinate the physical movement of your goods.
This includes:
- Selecting a freight forwarder
- Choosing the appropriate shipping method
- Determining Incoterms with your buyers or partners
- Preparing commercial invoices and packing lists
Clear communication between all parties involved is essential to ensure a smooth shipping process.
Step 9: File Entry and Clear Customs
When your goods arrive in the United States, an entry must be filed with U.S. Customs and Border Protection.
This process involves submitting documentation that includes:
- Commercial invoice
- Bill of lading or airway bill
- Packing list
- Entry summary
CBP will review the information, assess duties, and determine whether the shipment can be released.
If everything is in order, your goods will be cleared and allowed to enter the U.S. market.
Step 10: Maintain Compliance and Records
Importing into the United States is not a one-time process. Ongoing compliance is required for every shipment.
Importers must maintain accurate records of all transactions, including entry documents, invoices, and supporting information.
CBP requires records to be kept for several years and may conduct audits to ensure compliance.
Staying organized and maintaining proper documentation will help protect your business and support long-term success.
Need Help Importing into the U.S.?
Navigating U.S. import regulations can be challenging, especially for foreign companies entering the market for the first time.
Krenz and Hannan International has extensive experience helping businesses successfully manage the import process. From completing CBP Form 5106 to ensuring compliance and coordinating customs clearance, our team is here to support you every step of the way.
Reach out today to learn how we can help simplify your importing process and keep your shipments moving smoothly.