Doing business with the USA can be difficult

Compliance with US Regulations

Navigating the high level of regulations set and enforced by different U.S. Government agencies, including the U.S. Customs and Border Protection (CBP), Department of Homeland Security, Bureau of Industry and Security, Department of Commerce, U.S. Department of Agriculture (USDA), U.S. Food and Drug Administration (FDA) and more, is often a tricky problem to overcome.


Learn more about U.S. Laws and Regulations >>>


Some companies find the areas of exporting and importing too complex and simply fail to develop any additional business and profits when dealing overseas. Others attempt to follow the regulations and remain compliant but find themselves in violation regardless due to misunderstandings. This leads to fines and penalties. 


Learn more about my flexible professional export and import consulting services >>>

Case Study

President Trump makes doing business with USA more difficult

Wide-Ranging U.S. Tariffs

President Trump has imposed extensive taxes on goods imported into the United States, including those from the United Kingdom, since assuming office on January 20, 2025. Importing companies pay tariffs, which are taxes on imports, in the nation where they are imposed.


Section 232 of the Trade Expansion Act of 1962 addresses national security concerns. The US Department of Commerce found that imports of steel, aluminium, cars, and auto parts were a threat to US national security, which gave the president the authority to impose tariffs.


President Trump proclaimed a national emergency by using the International Emergency Economic Powers Act (IEEPA). This gave him the opportunity to tackle several issues, such as combating drug use and illegal immigration, boosting US competitiveness, preserving national sovereignty, and bolstering the nation's economy and security.


Read more...

Economic Prosperity Deal (EPD)

To reduce or remove tariffs on significant exports such as steel, aluminium, and automobiles, the United States and the United Kingdom signed the Economic Prosperity Deal (EPD) on May 8, 2025. It is not a full-fledged free trade agreement. In exchange for UK tariff reductions on US beef and ethanol, the agreement seeks to lower costs for UK exporters, although it is not legally enforceable and leaves specific policies and timetables up to future negotiations. While the UK's digital services tax remains controversial, the EPD includes commitments to work on a digital trade deal and negotiate more mutual recognition agreements.

Read more...

The $800 de minimis rule

By eliminating low-cost imports from customs and duty procedures, the 1930 U.S. Tariff Act sought to reduce costs. The so-called "de minimis" threshold, which was first set at $1 per package, progressively rose to $800. For international drop shippers, fast-fashion companies, and other online retailers, the exemption became essential.


The $800 de minimis rule has now been abolished by the United States. Although the goal of this reform is to streamline international trade, it immediately and directly impacted the cost of imported goods, delivery times, and product selection.


For SMEs and e-commerce companies looking to access U.S. consumers, the rule significantly increased delivery times and increased import costs.

Read more...

How I Can Help

Business Advice & Consultancy to help you.

With over 30 years’ experience of importing and exporting with the USA, I have helped numerous companies build successful international trade businesses, while ensuring they remain compliant with laws and regulations. 


I work with clients to:


  • Ensure Customs compliance and supply chain continuity whilst reducing costs.
  • Help them develop their overseas presence, begin international trading and increase existing overseas business.
  • Provide advice and guidance tailored for their needs to assure success when breaking into the lucrative U.S. market. 
  • Gain a comprehensive understanding of complex U.S. import and export requirements.
  • Ensure business processes are mapped and that procedures are developed to guarantee due diligence with international trade regulations.
  • Ensure that supply chain solutions are implemented to reduce disruption, maintain correct inventory levels and improve end customer delivery services.


Read more about our Import and Export Consulting Services >>>

Get in touch...

Key Requirements of US Importing

Tariff Classification


Over 98% of all international trade employs the Harmonised System (HS) of commodity codes, which is widely acknowledged. Customs officers can identify the items being imported or exported and make sure the appropriate charges and tariffs are paid thanks to each unique tariff code. Inaccurately classifying goods may result in transit delays and extra expenses for the importer and/or the exporter. Goods must be correctly "classified" in accordance with the United States' Harmonised Tariff Schedule ("HTSUS") and their customs value assessed as part of the entry procedure.


Learn more about classifying goods for export and import >>>


Export Commercial Invoice


If a commercial invoice is prepared in compliance with Sections 141.86 through 141.89 of the US Customs Regulations and in the manner typical for a commercial transaction involving goods of the kind covered by the invoice, it is acceptable for customs purposes. The invoice should be signed by the seller, shipper, or their agent.


Learn more about what documents are necessary for imports and exports >>>


U.S. Non-Preferential Rules of Origin 


The "substantial transformation" requirement is used in all U.S. non-preferential rules of origin systems for products that contain elements from more than one nation, either whole or in part. The substantial transformation criterion, which is based on a change in name, character, and use method, is applied case-by-case in most non-preferential schemes. This means that an article that contains materials from multiple countries in whole or in part is a product of the country in which it has undergone substantial transformation into a new and different article of commerce with a name, character, and use that differs from that of the article or articles from which it was so transformed.


Learn more about rules of origin >>>


U.S. Importer of Record


The US Importer of Record oversees the handling of the entire customs clearance procedure, paying customs taxes and duties, and filling out all required import paperwork. The owner, buyer, its authorised regular employee, or the licensed customs broker appointed by the owner, buyer, or consignee must customs enter merchandise arriving in the United States by commercial carrier. All legal responsibility for any trade compliance problems that occur during the import procedure rests with the U.S. Importer of Record.


Businesses must have a legitimate, financial presence in the United States to function as a U.S. Importer of Record. Alternatively, a foreign business may designate a qualified customs broker or service provider to serve as their official U.S. importer of record. To allow the U.S. Importer of record to act on behalf of the foreign importer, the foreign importer must provide a U.S. Power of Attorney (POA).


Learn more about Trade Compliance >>>


Import Duty and Sales Tax


Depending on the product category and country of origin, U.S. customs charges differ. To determine the precise rate owed, the U.S. importer must know the Harmonised Tariff Schedule, or USHTS code.

When products and services are sold to final consumers, the United States imposes a sales tax. In contrast, UK import VAT is assessed at the time of customs clearance.


Merchandise Purchasing Fee


The minimum and maximum Merchandise Processing Fees will be changed in fiscal year 2025 by U.S. Customs and Border Protection (CBP) owing to inflation. There will be no change in the Merchandise Processing Fee (MPF) ad valorem rate of 0.3464%. There will be changes to the MPF minimum and maximum for formal entries. The minimum will be $32.71 instead of $31.67, and the highest will be $634.62 instead of $614.35. 


US Import and Export Regulations


Importers and exporters are encouraged by U.S. agencies to familiarise themselves with relevant rules and regulations. Businesses must comprehend and abide by all relevant import and export laws and regulations in the United States and the foreign country where they are operating if they hope to succeed.


Read more about U.S. Import and Export Regulations >>>

Importing into the USA 

You will face many regulations, restrictions and requirements from various government agencies when importing goods into the United States. Particular products may require government agency permits and licenses, or may be subject to quota restrictions. Certain products may be eligible for reduced tariff rates (duty payments) and others may qualify for zero import duty under Free Trade Agreements. 

U.S. Customs and Border Protection have the right to stop and examine any shipment being imported into the United States. As the importer, you must make the shipment available for inspection at your expense, so it is important to ensure you are compliant with all relevant import requirements. 


Documents:

  • Power of Attorney
  • Importer of Record
  • Import Manual 
  • Entry Documents
  • 3461 Customs Release
  • 7501 Customs Entry Summary 
  • Commercial Invoice
  • Pro Forma  
  • Packing Lists
  • Preference Documents
  • Correct Valuation 
  • NAFTA
  • Entry bond
  • Non-Resident Importer 
  • United States Department of Agriculture (USDA) Import Permit 
  • U.S. Security Declaration
  • Continuous Customs Bond
  • FDA Request for Authorization to Relabel or Perform Other Acts
  • FDA import-for-export (IFE) 
  • Form FDA 0356h - Application to Market a New or Abbreviated New Drug or Biologic

United States law requires that all documents submitted to U.S. Customs be complete and accurate in all respects. Therefore, correct documentation is vital when importing into the USA. Inappropriate or overlooked documentation can lead to shipping delays, increased costs, business risks and cancelled international commercial activities. Whether you are importing or exporting, I can help your business understand what documentation is required. Even if you use a freight forwarder, your company is still held liable as the importer or exporter of the goods, for late or incorrect documentation by customs authorities. I can help explain the necessary documentation your company should be using for international contracts, customs, shipping and payments.


Documents:

  • Commercial Invoice
  • Pro Forma Invoice 
  • Pre-Packing List 
  • Packing Lists
  • Country of Origin Certificate
  • Preference Certificate
  • Export License
  • Bill of Lading
  • Air waybill
  • ISF (10+2) Filing
  • Cargo Inspection Certificate 
  •  Inspection Certificate 
  • Test Report 
  • Certificate of Compliance 
  • Marine Insurance Certificate

The majority of goods being imported into the USA are subject to duty rates. You will be responsible for paying these fees to U.S. Customs and Border Protection. The duty rate is established from the product description and classification provided by yourself, as the importer of record. I can assist you with classifying your goods correctly, as it can be very complex and require detailed research. Having your products correctly classified can limit your exposure to penalties, increased duty fees, and delays.

Harbor Maintenance Fees (HMF) are applicable on all sea freight shipments. The HMF is set at 0.125% of the value of the goods. These payments are deposited into the Harbor Maintenance Trust Fund, from which the U.S. government appropriate amounts to pay for harbor maintenance and development projects.

Merchandise Processing Fees (MPF) apply to all air and sea shipments and are based on the value of the goods. This fee is 0.3464% with a minimum of US$25.67 and a maximum of US$497.99. The fee is collected by US Customs and Border Protection (CBP) on almost all imports. 

To import goods valued above $2,500, the U.S. Importer of Record must have a Tax ID (or EIN). This is assigned by the IRS to US citizens, companies and Foreign Importers of Record. The Tax ID must be provided during customs clearance into the USA and appears on the Customs Entry.

The USA permits a non-resident corporation to act as an importer of record for shipments of merchandise from that company to the United States. Most foreign importers will utilise the services of a licensed customs broker to prepare and file the entry entries by providing them with a power of attorney. It is a requirement that a non-resident company must obtain an import bond. This bond guarantees that import duties and other fees will be paid to the US Government if the non-resident corporation defaults on payments. I can assist you in obtaining either a single entry bond covering one import transaction or a term bond covering multiple importations over a given period of time.

I can help you ensure that your products are correctly marked for the U.S. market, as this can be a complicated procedure. 


Labelling Requirements


Importers must ensure that their products are compliant with all mandatory U.S. labelling requirements.


Country of Origin


A Country of Origin label is mandatory for almost all imported products from China, but not for products from major markets, such as the European Union.


Importer Security Filing (ISF) '10+2'

In 2009, the USA introduced a new rule titled Importer Security Filing and Additional Carrier Requirements (commonly known as "10+2"). This rule only applies to sea freight cargo arriving into the United States. Failure to comply could, ultimately, result in monetary penalties, increased inspections and delay of cargo. I can assist you to develop an operational process which is fully compliant with ISF / 10+2. 


Documents:

  • Freight Forwarders
  • Airfreight 
  • Sea Freight
  • Sea-Air Freight
  • Container Booking
  • Container Security
  • SOLAS (Safety of Life at Sea)
  • Trucking
  • Rail
  • Cargo Insurance

Vendor Management


  • Denied Party Screening
  • U.S. Sanctions
  • Incoterms 2010
  • Vendor Manual
  • Vendor Terms and Conditions
  • Purchase Order Management
  • Production Management
  • Product Composition
  • Product Specification 
  • Commodity Classification
  • QA / QC Services
  • Product Labeling 
  • Country of Origin Marking 
  • Product Packaging
  • Shipping Packaging
  • Samples


U.S. Delivery


  • Import Warehousing
  • Deconsolidation 
  • Intermodal
  • Rail
  • Trucking
  • Backhauls
  • Freight Optimisation
  • Cross-dock/Pooling
  • Delivery Scheduling


Bonded Warehousing


  • Bonded Warehousing
  • Free Trade Zone Warehouse


Import Compliance


  • C-TPAT
  • Trusted Trader
  •  Importer Self-Assessment (ISA)

Get in touch

Importing into the USA 

Businesses will face many regulations, restrictions and requirements from various government agencies when importing goods into the United States. Particular products may require government agency permits and licenses, or may be subject to quota restrictions. Certain products may be eligible for reduced tariff rates (duty payments) and others may qualify for zero import duty under Free Trade Agreements. 


U.S. Customs and Border Protection have the right to stop and examine any shipment being imported into the United States. As the importer, you must make the shipment available for inspection at your expense, so it is important to ensure you are compliant with all relevant import requirements. 



Documents:


  • Power of Attorney
  • Importer of Record
  • Import Manual 
  • Entry Documents
  • 3461 Customs Release
  • 7501 Customs Entry Summary 
  • Commercial Invoice
  • Pro Forma  
  • Packing Lists
  • Preference Documents
  • Correct Valuation 
  • NAFTA
  • Entry bond
  • Non-Resident Importer 
  • United States Department of Agriculture (USDA) Import Permit 
  • U.S. Security Declaration
  • Continuous Customs Bond
  • FDA Request for Authorization to Relabel or Perform Other Acts
  • FDA import-for-export (IFE) 
  • Form FDA 0356h - Application to Market a New or Abbreviated New Drug or Biologic

United States law requires that all documents submitted to U.S. Customs be complete and accurate in all respects. Therefore, correct documentation is vital when importing into the USA. Inappropriate or overlooked documentation can lead to shipping delays, increased costs, business risks, and cancelled international commercial activities. Whether you are importing or exporting, I can help your business understand what documentation is required. Even if you use a freight forwarder, your company is still held liable as the importer or exporter of the goods, for late or incorrect documentation by customs authorities. I can help explain the necessary documentation your company should be using for international contracts, customs, shipping, and payments.



Documents:


  • Commercial Invoice
  • Pro Forma Invoice 
  • Pre-Packing List 
  • Packing Lists
  • Country of Origin Certificate
  • Preference Certificate
  • Export License
  • Bill of Lading
  • Air waybill
  • ISF (10+2) Filing
  • Cargo Inspection Certificate 
  •  Inspection Certificate 
  • Test Report 
  • Certificate of Compliance 
  • Marine Insurance Certificate

The majority of goods being imported into the USA are subject to duty rates. You will be responsible for paying these fees to U.S. Customs and Border Protection. The duty rate is established from the product description and classification provided by yourself, as the importer of record. I can assist you with classifying your goods correctly, as it can be very complex and require detailed research. Having your products correctly classified can limit your exposure to penalties, increased duty fees, and delays.

Harbor Maintenance Fees (HMF) are applicable to all sea freight shipments. The HMF is set at 0.125% of the value of the goods. These payments are deposited into the Harbor Maintenance Trust Fund, from which the U.S. government appropriate amounts to pay for harbor maintenance and development projects.


Merchandise Processing Fees (MPF) apply to all air and sea shipments and are based on the value of the goods. This fee is 0.3464%, with a minimum of US$25.67 and a maximum of US$497.99. The fee is collected by US Customs and Border Protection (CBP) on almost all imports. 

The USA permits a non-resident corporation to act as an importer of record for shipments of merchandise from that company to the United States. Most foreign importers will utilise the services of a licensed customs broker to prepare and file the entry entries by providing them with a power of attorney. It is a requirement that a non-resident company must obtain an import bond. This bond guarantees that import duties and other fees will be paid to the US Government if the non-resident corporation defaults on payments. I can assist you in obtaining either a single entry bond covering one import transaction or a term bond covering multiple importations over a given period of time.

Importer Security Filing (ISF) '10+2'

In 2009, the USA introduced a new rule titled Importer Security Filing and Additional Carrier Requirements (commonly known as "10+2"). This rule only applies to sea freight cargo arriving into the United States. Failure to comply could, ultimately, result in monetary penalties, increased inspections and delay of cargo. I can assist you to develop an operational process which is fully compliant with ISF / 10+2. 



Documents:


  • Freight Forwarders
  • Airfreight 
  • Sea Freight
  • Sea-Air Freight
  • Container Booking
  • Container Security
  • SOLAS (Safety of Life at Sea)
  • Trucking
  • Rail
  • Cargo Insurance

Labelling Requirements


Importers must ensure that their products are compliant with all mandatory U.S. labelling requirements.


Country of Origin


A Country of Origin label is mandatory for almost all imported products from China, but not for products from major markets, such as the European Union.



Vendor Management


  • Denied Party Screening
  • U.S. Sanctions
  • Incoterms 2010
  • Vendor Manual
  • Vendor Terms and Conditions
  • Purchase Order Management
  • Production Management
  • Product Composition
  • Product Specification 
  • Commodity Classification
  • QA / QC Services
  • Product Labeling 
  • Country of Origin Marking 
  • Product Packaging
  • Shipping Packaging
  • Samples

U.S. Delivery


  • Import Warehousing
  • Deconsolidation 
  • Intermodal
  • Rail
  • Trucking
  • Backhauls
  • Freight Optimisation
  • Cross-dock/Pooling
  • Delivery Scheduling

Bonded Warehousing

  • Bonded Warehousing
  • Free Trade Zone Warehouse

Import Compliance

  • C-TPAT
  • Trusted Trader
  •  Importer Self-Assessment (ISA)

Exporting out of the USA 

The U.S. exporter, as the U.S. Principal Party in Interest (USPPI), is responsible for preparing the Electronic Export Information (EEI) and the carrier files it with U.S. Customs and Border Protection (CBP) through the Automated Export System (AES) or AES Direct. 

You will need to classify your products with a Schedule B number for export to another country. A Schedule B number is a 10-digit number and is based on the international Harmonized System (HS) of 6-digit commodity codes. The U.S. Census Bureau used this to track the amount of trade goods being exported from the U.S.

The US government maintains and aggressively enforces laws and regulations that prohibit export activities involving certain technologies, entities, persons or countries. As a company does not need to be located in the USA to be subject to US export controls, I can help you understand these requirements and ensure you have a detailed knowledge of what is required of you. 

Export Control Classification Number (ECCN) / Export License


The Commerce Control List (CCL) states commodities, technology or software subject to the licensing authority of the Bureau of Industry and Security (BIS). On the CCL, individual items are identified by an Export Control Classification Number (ECCN). To understand your export licensing requirements, you must first classify your item against the CCL. 



ITAR and EAR compliance 


The International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR) are two export control laws that seek to control access to specific types of technology and the associated data. The aim is to ensure that sensitive information or controlled technologies are not provided to foreign nationals. To be ITAR or EAR compliant as an exporter of articles or services that appear on the USML or CCL lists you must register with the U.S. State Department’s Directorate of Defense Trade Controls (DDTC). 



Re-Export


Non-US companies must obtain prior approval from the US Government for any re-exports of U.S. products under either the ITAR or EAR control. 


Documents:


  • Exporter of Record
  • U.S. Principle Party In Interest (USPPI)
  • Foreign Principal Party in Interest (FPPI)
  • U.S. Reexport Controls
  • Dual-Use Items
  • Schedule B Numbers
  • EAR / EAR99
  • ECCN
  • AES
  • EEI
  • Deemed Exports
  • License Application
  • Export Clearance
  • Recordkeeping
  • Risk Assessment
  • Enforcement

U.S. Sanctions are overseen and enforced by two government agencies:


Office of Foreign Asset Control (OFAC), which is a division of the Department of the Treasury and enforces economic and trade sanctions.


Bureau of Industry and Security (BIS), which is a division of the Department of Commerce and oversees export controls of commercial products, dual-use items, software, and technology through the Export Administration Regulations (EAR).


  • Denied Party Screening
  • U.S. Export Sanctions
  • Incoterms 2010
  • Export Manual
  • Sales Order Management
  • Commodity Classification
  • Product Labeling 
  • Country of Origin Marking 
  • Product Packaging
  • Shipping Packaging

  • Commercial Invoice
  • Pro Forma Invoice 
  • Packing Lists
  • NAFTA Certificates
  • Country of Origin Certificate
  • Export License
  • Bill of Lading
  • Air Waybill
  • Duty Drawback

Get In Touch

Resources

Here you can read about the individual projects and case studies I've been involved in across the globe and see how my expertise with international trade helped individual businesses, as well as download any resources that might be of use to you. 
All Resources

Blog

US court has ruled President Trump’s sweeping tariffs illegal.
By Ian Simmonds August 31, 2025
Trump tariffs against UK and other nations are ruled unlawful by federal court and a abuse of powers. Are US Tariffs and the Economic Prosperity Deal now valid?
New US import rules for low-value shipments
By Ian Simmonds August 28, 2025
The US will eliminate the $800 de minimis requirement for commercial shipping on August 29, therefore imported goods valued under $800 will face tariffs and duties.
ICS Global Services - FDA and CBP Collaboration
By Ian Simmonds April 7, 2019
All imported shipments of FDA-regulated products are reviewed by FDA and must comply with the same standards as domestic products. FDA determines whether products are admissible into U.S. commerce and may refuse entry to any that violate or appear to violate any provisions of the Food Drug and Cosmetic Act (FD&C Act).

USA Import & Export Blog

US court has ruled President Trump’s sweeping tariffs illegal.
By Ian Simmonds August 31, 2025
Trump tariffs against UK and other nations are ruled unlawful by federal court and a abuse of powers. Are US Tariffs and the Economic Prosperity Deal now valid?
New US import rules for low-value shipments
By Ian Simmonds August 28, 2025
The US will eliminate the $800 de minimis requirement for commercial shipping on August 29, therefore imported goods valued under $800 will face tariffs and duties.
ICS Global Services - FDA and CBP Collaboration
By Ian Simmonds April 7, 2019
All imported shipments of FDA-regulated products are reviewed by FDA and must comply with the same standards as domestic products. FDA determines whether products are admissible into U.S. commerce and may refuse entry to any that violate or appear to violate any provisions of the Food Drug and Cosmetic Act (FD&C Act).

Get in touch

Due to the nature of my work, it's typically easiest to complete this form and I will get back to you.