How to Import into the US

AGRICULTURAL COMMODITIES

1. Cheese, Milk, and Dairy Products. Cheese and cheese products are subject to the requirements of the Food and Drug Administration and the Department of Agriculture. Most importations of cheese require an import license and are subject to quotas administered by the Department of Agriculture, Foreign Agricultural Service, Washington, D.C. 20250.

The importation of milk and cream is subject to requirements of the Food, Drug and Cosmetic Act and the Import Milk Act. These products can be imported only by obtaining permits from the Department of Health and Human Services, Food and Drug Administration, Center for Food Safety and Applied Nutrition, Office of Labeling (HFS-156), 200 C Street, N.W., Washington, D.C. 20202; and the Department of Agriculture.

2. Fruits, Vegetables, and Nuts. Certain agricultural commodities (including fresh tomatoes, avocados, mangoes, limes, oranges, grapefruit, green peppers, Irish potatoes, cucumbers, eggplants, dry onions, walnuts and filberts, processed dates, prunes, raisins, and olives in tins) must meet United States import requirements relating to grade, size, quality, and maturity (7 U.S.C. 608(e). Inquiries on general requirements should be made to the Agricultural Marketing Service of the Department of Agriculture, Washington, D.C. 20250. Additional restrictions may be imposed by the Animal and Plant Health Inspection Service (APHIS) of that department, Washington, D.C. 20782, under the Plant Quarantine Act, and by the Food and Drug Administration, Division of Import Operations and Policy (HFC-170), 5600 Fishers Lane, Rockville, Md. 20857, under the Federal Food, Drug and Cosmetic Act.

3. Insects. Insects in a live state which are injurious to cultivate crops (including vegetables, field crops, bush fruit, and orchard, forest, or shade trees) and the eggs, pupae, or larvae of such insects are prohibited for importation, except for scientific purposes, under the regulations prescribed by the Secretary of Agriculture.

All packages containing live insects or their eggs, pupae, or larvae, which are not injurious to crops or trees, are allowed to enter the United States only if covered by a permit issued by the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture and are not prohibited by the U.S. Fish and Wildlife Service.

4. Livestock and Animals. Inspection and quarantine requirements of the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture must be met for the importation of (1) all cloven-hoofed animals, such as cattle, sheep, deer, antelope, camels, giraffes; (2) swine including the various varieties of wild hogs and the meat from such animals; (3) horses, asses, mules, and zebras; (4) animal by-products, such as untaned hides, wool, hair, bones, bone-meal, animal casings, glands, organs, extracts, or secretions of ruminants and swine; (5) animal germ-plasm, including embryos and semen; and (6) hay and straw. A permit for importation must be obtained from that agency before shipping from the country of origin.

In addition, all animal imports must be accompanied by a health certificate. Entry procedures for livestock and animals from Mexico and Canada are not as rigorous as those for animals from other countries. Entry of animals is restricted to cetain ports which are designated as quarantine stations. A special offshore, high-security facility, the Harry S. Truman Animal Import Center, has been established at Key West, Florida, so that livestock can be safely quarantined when imported from countries affected with foot and mouth disease (FMD) or other serious animal diseases that do not occur in the United States.

5. Meat and Meat Products. All commercial shipments of meat and meat food products (derived from cattle, sheep, swine, goats, and horses) offered for entry into the United States are subject to the regulations of the Department of Agriculture and must be inspected by the Animal and Plant Health Inspection Service (APHIS) and the Food Safety and Inspection Service of that department prior to release by U.S. Customs. Meat products from other sources (including, but not limited to wild game) are subject to APHIS regulations and the provisions of the Federal Food, Drug, and Cosmetics Act, which is enforced by the Food and Drug Administration.

6. Plant and Plant Products. The importation of plants and plant products is subject to the regulations of the Department of Agriculture and may be restricted or prohibited. Plants and plant products include fruits, vegetables, plants, nursery stock, bulbs, roots, seeds, certain fibers including cotton and broomcorn, cut flowers, sugarcane, certain cereals, elm logs and elm lumber with bark attached. Import permits are required. Further information should be obtained from the Animal and Plant Health Inspection Service (APHIS). Also, certain endangered species of plants may be prohibited or require permits or certificates. The Food and Drug Administration also regulates plant and plant products, particularly fruits and vegetables.

7. Poultry and Poultry Products. Poultry, live, dressed, or canned; eggs, including eggs for hatching; and egg products are subject to the requirements and regulations of the Animal and Plant Health Inspection Service (APHIS) and the Food Safety and Inspection Service of the Department of Agriculture.

Except for live poultry and poultry products entering through land ports from Canada, permits are required, as well as special marking and labeling; and in some cases, foreign inspection certification. The term “poultry” is defined as any live or slaughtered domesticated bird, e.g., chickens, turkeys, ducks, geese, swans, partriges, guinea fowl, pea fowl, non-migratory ducks, pigeons, and doves. Other birds (e.g., commercial, domestic, or pen-raised grouse, pheasants and quail, and migratory birds) as well as certain egg products are subject to APHIS regulations and to the provisions of the Federal Food, Drug, and Cosmetics Act, enforced by the Food and Drug Administration. Inquiry should also be made to the Fish and Wildlife Service, Washington, D.C. 20240, about their import requirements, restrictions, and prohibitions.

8. Seeds. The importation into the United States of agricultural and vegetables seeds and screenings is governed by the provisions of the Federal Seed Acto 1939 and regulations of the Agricultural Marketing Service, Department of Agriculture. Shipments are detained pending the drawing and testing of samples.

An individual may make his/her own Customs clearance of goods imported for personal use or business. All merchandise coming into the United States must clear Customs and is subject to a Customs duty unless specifically exempted by law. Clearance involves a number of steps: entry, inspection, appraisement, classification and liquidation.

The U.S. Customs Service does not require an importer to have a license or permit. Other agencies may require a permit, license, or other certification, depending on what is being imported. Customs entry forms do ask for your importer number. This is either your IRS business registration number, or if your business is not registered with the IRS or you do not have a business, your social security number.
The importer must declare the dutiable value of merchandise. The final appraisement is fixed by Customs. Several appraisement methods are used to arrive at this value. The transaction value serves as the primary basis of appraisement. Transaction value is the price actually paid or payable by the buyer to the seller for the goods imported. Other factors may also add to the dutiable value of merchandise, such as packing costs, selling commissions, royalty or licensing fees, etc. When the transaction value cannot be determined, then the value of the imported goods being appraised is the transaction value of identical merchandise. If merchandise identical to the imported goods cannot be found or an acceptable transaction value for such merchandise does not exist, then the value is the transaction value of similar merchandise. Similar merchandise means merchandise that is produced in the same country and by the same person as the merchandise being appraised. It must be commercially interchangeable with the merchandise being appraised. The identical or similar merchandise must have been exported to the United States at or about the same time the merchandise being appraised is exported to the United States.
The importer must determine the classification number of the merchandise being imported. The Harmonized Tariff Schedule of the United States (HTSUS), issued by the United States International Trade Commission, prescribes the classification of merchandise by type of product; e.g., animal and vegetable products, textile fibers and textile products.
The importer must pay estimated duties and processing fees if applicable. Customs makes the final determination of the correct rate of duty. The duty rate of an item is tied to its classification number. The HTSUS provides several rates of duty for each item: general rates for countries with which we maintain normal trade relations (NTR); special rates for special programs (free, or lower than the rates currently accorded NTR countries); and column 2 rates for imports not eligible for either general or special rates. Customs duties are generally assessed at ad valorem rates, a percentage of which is applied to the dutiable value of the imported goods. Some articles, however, are dutiable at a specific rate (so much per piece, liter, kilo, etc); others at a compound rate of duty (i.e., combination of both ad valorem and specific rates).
If formal entry is required – the importer may have to post a surety bond.
It is the importers responsibility to ensure that his or her goods being imported meet admissibility requirements – such as proper marking, safety standards, etc. – and that the proper permits, if required, have been obtained in advance of the goods arriving in the United States.

To make or file a consumption entry (for imported goods going directly into the commerce of the United States without any time or use restrictions placed on them) the following documents are generally required:

1. A bill of lading, airway bill, or carrier’s certificate (naming the consignee for customs purposes) as evidence of the consignee’s right to make entry.
2. A commercial invoice obtained from the seller, which shows the value and description of the merchandise.
3. Entry manifest (Customs Form 7533) or Entry/Immediate Delivery (Customs Form 3461).
4. Packing lists, if appropriate, and other documents necessary to determine whether the merchandise may be admitted.

When a consumption entry is filed, the importer indicates the tariff classification and pays any estimated duty and processing fee. A surety bond containing various conditions, including a provision for paying any increased duty that may be found to be owed at a later date, may also be required.

All goods that enter the United States are categorized according to the Harmonized Tariff Schedule. The act of placing goods into the correct category is called classification.

Classification determines how much duty will be collected. Classification is more than simply looking up an item in an index. It is a very complicated process requiring the application of the General Rules of Interpretation; the section, chapter and subheading notes; and the Explanatory Notes. The importer is responsible for properly classifying his merchandise before entry. If he is not sure how to properly classify an item, he can submit a request, in writing, for a binding classification ruling to the National Commodity Specialist Division, U.S. Customs, Attn: Classification Ruling Requests, New York, NY 10048. The rulings will be binding at all ports of entry unless revoked by the Headquarters’ Office of Regulations and Rulings. If an importer is not satisfied with the binding ruling received from New York, he or she can appeal it to the Headquarters’ Office of Regulations and Rulings, Washington, DC 20229. The Customs Service will not issue binding rulings in response to oral requests. Import Specialists can give oral advisory rulings but the classification-related opinions or advice of Customs Service personnel at one port are not binding on the Customs ports elsewhere. Oral inquiries may be made to Customs offices regarding existing binding rulings that might cover your importation. Binding rulings may also be researched on the Customs web site at www.customs.gov.

Properly marking imported goods with the appropriate country of origin is the law. All imported goods must be marked in accordance with Customs regulations in a visible, permanent, and indelible manner. Failure to do so can result in:

• Delayed shipments due to Customs examinations,
• Fines and penalties for failure to abide by Customs regulations,
• Loss of import privileges,
• Additional costs to rework and remark goods before they are allowed to enter the US,
• Permanent seizure of your goods by US Customs.

Points to consider when marking your good for import

1. Markings must be permanent. Stickers, rub-ons, and pen/pencil marks are generally unacceptable. Markings should be etched into glass, die stamped into metal, dyed or sewn onto fabrics, etc.
2. Markings must be legible. They should be easy for an inspector to find. If a stranger can’t locate it without help in a few seconds, it’s not marked clearly enough. Hiding your country of origin markings where they can not be seen without removing pieces or disassembling merchandise is unacceptable.
3. Country of origin markings are intended for the ultimate consumer. The regulation is enforced at the borders and ports, but the goal is that the ultimate consumer understand where their product was made.
4. Country of origin refers to the country where the item was manufactured or underwent the most significant manufacturing process. For agricultural products, the country of origin is the country where the commodity was grown or raised. For manufactured goods, it is the country where the goods were underwent their most significant manufacturing process.
5. Special trade programs that reduce duty based on country of origin are very stringent about properly declaring an item’s origin.
6. Country of origin markings must be in English or an acceptable English abbreviation. When in doubt, use the full English name of the originating country
7. Some items are exempt from marking requirements. Exempt items include:
• Items that can not be marked (sugar, oil, or other crude substances),
• Items for use solely by the importer,
• Items that would be damaged by any marking process,
• Items for which its container marking will suffice,
• Items produced 20 years or more prior to their importation,
• Items produced in the United States, exported, and then returned.
8. Some goods require a specific type of marking set forth in the regulations. Examples include:
• Knives, forks, spoons and other tableware
• Dental and medical instruments
• Watches, clock, and timing mechanisms
• Native American style jewelry
9. Marking must unmistakably convey the origin of the goods if expressed as an adjective. For example, “Brazil Nuts” does not convey the country of origin because the term may refer either to the country of origin or the type of nut.
10. If any other identifier exists that might confuse the ultimate use as to the country of origin of the good (such as a trade name “American Eagle Clothing”) it must also display a conspicuous declaration of its country of origin preceded by “Made in” or “Product of.”

Final Note

If imported items are found lacking proper country of origin marking, they must be exported, destroyed, or modified at the importer’s expense and under the supervision of US Customs.