How to Import as a Small Business: Customs Basics

Importing as a small business means stepping into the legal role of “importer of record” — the party U.S. Customs and Border Protection (CBP) holds responsible for declaring the goods, classifying them correctly, paying the duty, and keeping the records. You can hire a customs broker to file the paperwork, but the legal liability stays with you. Get the framework right before the first shipment and the rest is logistics; get it wrong and a single entry can trigger penalties that dwarf your margin.

This guide covers the federal compliance obligations every small importer takes on, regardless of what you ship. For product-specific rules — food, cosmetics, electronics, agricultural goods — see the linked guides below.

You Are the Importer of Record

The importer of record is legally responsible for making a correct entry and paying all duties, taxes, and fees. That responsibility cannot be outsourced. A licensed customs broker can prepare and transmit your entries, and most small importers use one, but the broker acts as your agent — CBP still looks to you if a classification is wrong or a duty is underpaid. Before you import commercially, you will generally need an importer number (usually your IRS Employer Identification Number) on file with CBP.

The Core Compliance Obligations

Four obligations sit at the center of every commercial import. None of them depend on the product.

Getting the HTS classification right is the foundation — it determines your duty rate, whether a trade remedy applies, and which other agencies have a say. Misclassification, even an honest one, can mean back duties and penalties, so when a code is ambiguous it is worth confirming rather than guessing.

Formal vs. Informal Entry, and the Bond

Commercial goods valued at $2,500 or more generally require a formal entry, which means a customs bond. A bond can be a single-transaction bond for a one-off shipment or a continuous bond that covers all your entries for a year — the continuous bond is usually cheaper once you import regularly. Shipments under the formal-entry threshold may clear as informal entries with lighter requirements, but the value cutoffs and any product-agency rules still apply.

For ocean freight, the Importer Security Filing (ISF), known as “10+2,” requires ten data elements from you as the importer of record (plus two from the carrier), transmitted to CBP at least 24 hours before the cargo is loaded onto the vessel overseas. Late or inaccurate ISF filings carry their own penalties, separate from the entry itself.

The De Minimis Exemption Is Suspended

For years, shipments valued at $800 or less entered duty-free under the Section 321 “de minimis” exemption — the rule many e-commerce sellers relied on. As of August 29, 2025, duty-free de minimis treatment was suspended, and a subsequent executive action in early 2026 kept the suspension in place. As of mid-2026, commercial shipments are subject to formal entry, classification, and duty regardless of value. Because tariff policy is moving quickly, confirm the current rule before you build a business model around low-value parcels.

Other Agencies May Regulate Your Product

CBP enforces the customs laws, but it also enforces the rules of “partner government agencies” at the border. Depending on what you import, you may answer to the FDA (food, drugs, cosmetics), the USDA (agricultural goods), the FCC and CPSC (electronics and consumer products), or the EPA. These agencies often require their own registrations, certificates, or filings in addition to the customs entry — and they can refuse or detain goods that don’t comply. Identify every agency with jurisdiction over your product before you ship.

Keep Your Records for Five Years

Import records — entry summaries, commercial invoices, classification and valuation backup, and any agency certificates — must be retained for five years from the date of entry under 19 U.S.C. § 1508. CBP can open an audit years after goods clear, and an importer who cannot produce records faces penalties independent of whether the underlying entry was correct. Good documentation practices are the cheapest insurance in importing.

Frequently Asked Questions

Do I need a license to import as a small business?

No general import license is required for most goods. You import under your importer number (typically your EIN). Specific products — alcohol, firearms, certain agricultural and pharmaceutical goods — do require agency permits or licenses, but there is no across-the-board “importer’s license.”

Do I have to use a customs broker?

No, but most small importers do. A broker files your entries and helps with classification, while you remain the importer of record and keep the legal liability. The broker’s expertise is usually worth the fee on anything but the simplest shipments.

What is a customs bond and do I need one?

A customs bond is a financial guarantee to CBP that you’ll pay your duties and penalties. It’s required on formal entries (generally goods valued at $2,500 or more). A continuous bond is usually the economical choice once you import regularly.

How long do I have to keep import records?

Five years from the date of entry, under 19 U.S.C. § 1508. That includes entry summaries, invoices, and the backup for how you classified and valued the goods.

Importing as a small business is manageable once you treat the compliance framework as part of the cost of goods, not an afterthought. Reidel Law Firm helps small importers set up classification, bonding, and recordkeeping correctly on flat-fee terms, with a plain-English compliance memo and direct attorney access. Get a flat-fee import compliance memo.