How to avoid import mistakes
New importers must research import requirements for their products before they ship to avoid the most common mistakes. The U.S. Customs and Border Protection (CBP) will deny entry if the product doesn’t meet admissibility requirements. In that case, the CBP may allow the importer to bring the product into compliance or request to export or destroy it.
Research import requirements
Partner Government Agencies (PGAs)
All products coming from foreign countries are subject to the U.S. Customs and Border Protection regulations. Also, many products have to meet the requirements of Partner Government Agencies (PGAs). CBP acts as a gatekeeper for PGAs. When goods are reported to CBP for entry through Automated Commercial Environment (ACE), the system triggers PGA indicators related to those goods. CBP will not release the shipment if the PGA hasn’t released it first.
The most common agencies that regulate imports are the Food and Drug Administration (FDA), Department of Agriculture (USDA), USDA’s Fish and Wildlife Service (FWS), and Consumer Product Safety Commission (CPSC).
FDA
FDA regulates the import of food – except meat, poultry, and processed egg products – drugs, medical devices, radiation-emitting products, vaccines, cosmetics, tobacco products, animal food, and drugs.
Foreign food producers that sell food to U.S. importers have to be registered with the FDA. U.S. food importer or his broker has to file Prior Notice with FDA before the food commodity reaches the first U.S. port. The Prior Notice includes a foreign facility’s FDA registration number. If that facility doesn’t have an FDA registration number, the entry will be denied.
The FDA can inspect the merchandise, take samples, and send them to a lab for evaluation.
USDA
USDA regulates meat, poultry, and processed egg products, import of animals and animal products, plants, and wood products.
FWS
Generally, anyone engaging in business as an importer of wildlife must obtain a license from the FWS. All wildlife shipments have to enter the U.S. territory through one of the designated ports.
The importer must file a Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177) and receive clearance from FWS before U.S. Customs releases the shipment.
CPSC
CPSC regulates a broad range of products to protect the public from injuries caused by using one of those products. Things that fall under CPSC jurisdiction include children’s toys, bedroom furniture stability, and flammability of some children’s cloth. If CPSC governs the product being imported, the importer must issue a safety certificate for this product.