USA: Compliance & Customs regulations

Steps of the customs clearance process for goods entering the U.S.

The customs clearance process for American goods, particularly for food products, involves several key steps and coordination with various government agencies, including CBP (Customs and Border Protection), the FDA (Food and Drug Administration), and the USDA (United States Department of Agriculture).

These steps involve close coordination between the importer, the customs broker, and the various U.S. government agencies. Compliance at every stage is crucial to ensure a smooth entry of goods into the U.S. market. Here are the main steps of the process:

1. Document Preparation

Import Documents: Prepare the necessary documents such as:

  • Commercial invoice,
  • Bill of lading (Freight forwarder/carrier),
  • Certificate of origin, Free Trade Agreement (USMCA),
  • Any other required documentation, including documents for PGAs (Partner Government Agency), such as for food products regulated by the FDA and USDA.

Group Transit assist in preparation of a commercial invoice template that highlights all the information necessary for a quick and smooth customs clearance process without obstacles.

FDA Prior Notice: Submit a prior notice declaration to the FDA before the arrival of food products in the United States.

USDA Import Permit: If the products are regulated by the USDA (such as animal or plant-based products), obtain the necessary import permits.

  • USDA permit acquisition fees apply.

2. Arrival of Goods

Notification to CBP: Upon arrival of the goods in the United States, the importer or their representative/broker via their RFL (remote filing system) must notify CBP.

Initial CBP Inspection: CBP conducts an initial inspection to verify the documents and ensure that the goods comply with customs laws.

3. Evaluation by Government Agencies (PGA)

FDA Control: The FDA evaluates food products to ensure they meet U.S. food safety standards. This may include physical inspections, sampling, or simply a document review.

USDA Control: The USDA inspects products regulated under its authority, such as meats, dairy products, plants, etc. This may involve additional tests or on-site inspections.

4. Post-Import Surveillance

FDA and USDA Compliance: The importer must keep records for any future inspection by the FDA or USDA.

Audits and Recalls: Products may be subject to audits, and in the case of non-compliance detected after release, a recall may be issued.

5. Corrective Actions (if necessary)

Detention or Refusal: If an agency such as the FDA or USDA finds non-compliance, the products may be detained or refused entry.

Re-export or Destruction: Non-compliant goods may be re-exported or destroyed under CBP supervision.

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