Not legal or tax advice. Rules change often. Check the linked official sources and your carrier before you ship. Full disclaimer

US foreign importer of record rule from 5 January 2027: what non-US sellers need to know (CTPAT)

From 5 January 2027, a business that is not a "U.S. importer of record" can only clear goods into the United States through US customs if it is CTPAT validated or uses a licensed customs broker that is CTPAT validated. This matters to you if you ship duty-paid (DDP) orders to US buyers and are named as the importer, or if you import stock into the US through a US company owned from abroad. If your US buyer is the importer, the rule does not change anything for that buyer.

Last verified · 12 facts

What changes on 5 January 2027

The importer of record is the party named on the US customs entry as responsible for the goods and for paying the duty. It is not set by the trade term you use (DDP or DAP): it is whoever is named on the entry. The new rule (a CBP interim final rule of 6 November 2026) adds conditions for importers of record that do not qualify as U.S. importers.

Are you a U.S. or a foreign importer of record?

How the definitions apply to common seller situations (our reading of 19 CFR 110.2 and 110.3; your broker and CBP make the actual decision):

Your situationStatusEffect from 5 Jan 2027
You are a UK, EU, Asian or Australian seller and you are named as importer on your own DDP shipmentsForeign importer of recordAffected: from 5 Jan 2027 the entry must be made by a CTPAT-validated broker
Your US buyer is named as importer (for example a courier parcel where the buyer pays duty on delivery) and is a US citizen or permanent residentU.S. importer of recordNot affected by the CTPAT requirement
You own a US LLC (for example for Amazon FBA stock) and you and your co-owners live outside the USForeign importer of record, unless the company passes the real-property testAffected: needs a CTPAT-validated broker
Your US company is at least 51% owned and controlled by US citizens or permanent residents and is located in the USU.S. importer of recordNot affected, but the broker must check and keep your records
You are a Canadian business importing in your own nameForeign importer of recordAffected; non-resident Canadian importers can apply to CTPAT themselves

Post, courier and freight: where it bites

The rule covers every formal entry and informal entries of Types 11, 12 and 13, so it reaches courier parcels and, through Type 13, international mail. Whether it affects you depends on who is named as importer on your US shipments:

Duty itself does not change: the rule is about who may file the entry, not about tariff rates. To see what a US order pays in duty, use the calculator or read why every US order now pays duty.

Can you get CTPAT validation yourself?

So for most small sellers outside the US and Canada, the practical step is to make sure the broker behind your DDP or prepaid-duty service is CTPAT validated, or to let the US buyer be the importer (DDU/DAP) where your carrier and marketplace allow it. For the trade-offs, see DDP vs DAP.

New "U.S. importer of record" declaration

Checklist before 5 January 2027

  1. For each way you ship to the US (post, courier, freight), find out who is named as importer of record. Your carrier, label provider or broker can tell you.
  2. If your business is the importer and is not a U.S. importer of record, ask whether the broker filing your entries is CTPAT validated. CBP publishes the list of CTPAT-validated brokers (linked from the CBP page in the sources).
  3. If you own a US company, check it against the U.S. importer test (51% US citizen or permanent-resident ownership and control, or the real-property test) with your broker, and have the ownership and business records ready.
  4. Do not tick or let anyone declare "U.S. importer of record: Yes" unless it is true: CBP can answer a wrong declaration with penalties and stricter clearance.
  5. Keep declaring the real price, a specific description and the country of origin: see the customs forms guide.
  6. Watch for a later CBP decision to stop foreign importers using informal entry at all; we track it in the change log and send alerts.

Key dates and comments

DateWhat happens
Rule published in the Federal Register (FR doc. 2026-22735)
Rule takes effect; last day for comments (docket USCBP-2026-1387); new U.S. importer field on every entry
Entry Type 13 (electronic mail entry) becomes mandatory for postal goods facing Section 201/232/301 duties or regulated by agencies such as the FDA
Latest date for customs brokers to comply fully with the new client checks

Related guides: US de minimis has ended · DDP vs DAP (DDU) · Etsy DDP from the UK to the US · UK → US · EU → US · Canada → US · China → US · International returns and duty refunds · all route guides.

This page is general information, not legal or customs advice. The rule is an interim final rule and CBP may change it after the comment period; whether a business is a U.S. or a foreign importer of record depends on its facts and is decided by its broker and CBP. Check the sources below and ask your carrier or a licensed customs broker. See the disclaimer.

Sources for this page

  1. Heightened Requirements for Foreign Importers of Record (Interim final rule, FR doc. 2026-22735, 6 Nov 2026), Federal Register / U.S. Customs and Border Protection. Accessed 10 Nov 2026. Verified
  2. Foreign Importer of Record Interim Final Rule Reference Guide (6 Nov 2026, PDF), U.S. Customs and Border Protection. Accessed 10 Nov 2026. Verified
  3. International Mail Entry Type 13 mandatory implementation date extended to Jan. 20, 2027 (14 Oct 2026), U.S. Customs and Border Protection. Accessed 22 Oct 2026. Verified
  4. Strengthening Customs Enforcement: Heightened Requirements for Foreign Importers of Record IFR FAQs (last modified 6 Nov 2026), U.S. Customs and Border Protection. Accessed 10 Nov 2026. Verified
  5. E-Commerce Frequently Asked Questions (de minimis suspension, informal entry, mail informal entry; page last modified 2 Sep 2026), U.S. Customs and Border Protection. Accessed 27 Oct 2026. Verified
  6. Sending packages to the U.S. – duty updates, Canada Post. Accessed 20 Oct 2026. Verified
  7. Shipping to the USA? – business updates (guide updated 6 Oct 2026), Royal Mail. Accessed 5 Nov 2026. Verified
  8. US-Versand / Postal DDP, Deutsche Post DHL. Accessed 4 Nov 2026. Verified
  9. Indefinite Suspension of the De Minimis Exemption for Mail Shipments and New Postal Informal Entry Process; Delayed Compliance Extension (Final rule, 91 FR, 22 Oct 2026, doc. 2026-21600), Federal Register / U.S. Customs and Border Protection. Accessed 22 Oct 2026. Verified
  10. Modification of the Test of the New Electronic Informal Entry Process for Mail (General notice, 22 Oct 2026, doc. 2026-21570), Federal Register / U.S. Customs and Border Protection. Accessed 22 Oct 2026. Verified

Rules change often: the latest change we tracked was on 10 Nov 2026 (US: the 178 China Section 301 product exclusions are extended to 9 January 2027). Alerts send one short email, with the source, only when a rule changes on a route you pick.

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