A Customs Broker is a trade professional that is licensed with the Department of the Treasury to perform import clearance transactions of cargo and goods. Customs Brokers must pass a rigorous written exam that many compare the bar exam as well as pass a background check with the government prior to being issued a license. Customs brokers retain expertise with the Harmonized Tariff Schedule for duty rates, 19 CFR Customs Regulations and Importing Laws. Customs brokers can advise and educate an importer on subjects such as country of origin requirements or the paperwork requirements for clearing customs for both pre and post entry of merchandise.

Customs will require an importer of merchandise to hire and retain the services of a Customs Broker to perform the work needed to secure release of cargo. Hiring a quality and honest broker is important as the law requires importers to be the ultimate responsible party in the transaction and your Customs Broker can assist you with proper compliance and education.

Yes, in almost every case Customs will require you to hire a Customs Broker. There are certain occurrences where Customs may allow an individual to secure release of cargo in person, but these in very specific cases. A Customs Broker is linked directly with U.S. Customs via a database known as the Automated Broker Interface (ABI) and allows us to electronically transmit the cargo details to Customs for clearance.

Importer Security Filing (ISF) or 10+2 program was designed by Customs to further meet the requirements of the Security and Accountability For Every Port (SAFE) Act of 2006. This program affects only Ocean import shipments and requires Importers (or their designated Agent) to transmit 10 additional pieces of security information known as Importer Security Filing (ISF) at least 24 hours prior to loading shipments on a vessel.

If you are an importer that utilized Ocean for your mode of transport, it is mandatory that ISF is filed. Your Customs Broker can assist you with this.  The penalties for non compliance are $5000 per shipment (maximum $10000/ISF) so do not delay in the implementation of this process. 

19 CFR Part 163 states that records regarding import transactions must be maintained for a period of 5 years after entry of merchandise. Please consult with your Customs Broker for more details on this requirement if you are an importer.

International Traffic in Arms Regulations (ITAR) is U.S Government regulations that control the import and export of defense-related articles and services. CFR 22 Parts 120-130 cover goods deemed by the U.S government as being applicable to ITAR regulations.

The list of ITAR controlled defense articles, services and technology are detailed in what is called the United States Munitions List (USML).

Per 120.3 of CFR 22 -- Policy on designating and determining defense articles and services:

    An article or service may be designated or determined in the future to be a defense article (see § 120.6) or defense service (see § 120.9) if it:

   (a) Is specifically designed, developed, configured, adapted, or modified for a military application, and

   (i) Does not have predominant civil applications, and

   (ii) Does not have performance equivalent (defined by form, fit and function) to those of an article or service used for civil applications; or

   (b) Is specifically designed, developed, configured, adapted, or modified for a military application, and has significant military or intelligence applicability such that control under this subchapter is necessary.

    The intended use of the article or service after its export (i.e., for a military or civilian purpose) is not relevant in determining whether the article or service is subject to the controls of this subchapter. Any item covered by the U.S. Munitions List must be within the categories of the U.S. Munitions List. The scope of the U.S. Munitions List shall be changed only by amendments made pursuant to section 38 of the Arms Export Control Act (22 U.S.C. 2778).

Please consult with your Customs Broker is you feel your items could fall under the ITAR regulations.

The first thing a Customs Broker will need to act as your clearing agent is a valid Power of Attorney (POA) to be completed. The Power of Attorney gives the broker the authorization to act on behalf of the importer and sign all needed Customs documents.

Once the POA is validated, the broker will need all of your commercial documents for clearing. These include but are not limited too:   

-Airway Bill or Ocean Bill of Lading

-Arrival Notice issued by a carrier

-Commercial invoice

-Packing list

-Certificate of Origin

Other documents may be needed for clearance depending on the nature of the products you are importing and these will be detailed to you by your Customs Broker. Most of the needed documents are available in our “Document Download” section should you need to generate these for clearance.