INTERNATIONAL TRADE LAW
How to Import from India to the US
Importing from India means clearing your goods through U.S. Customs and Border Protection (CBP) as the importer of record, classifying each product under the Harmonized Tariff Schedule, and meeting the rules of whichever U.S. agency regulates that product — FDA for food, drugs, and cosmetics; USDA for many agricultural goods; CPSC for consumer products. The process is the standard U.S. import process; what trips up India importers is assuming preferential duty treatment that no longer exists and missing the product-specific agency requirements.
This guide covers the compliance pieces that actually decide whether your Indian goods clear.
You Are the Importer of Record
Whoever imports the goods — almost always the U.S. buyer — is the importer of record and is legally responsible for the entry’s accuracy and for paying duties. CBP holds you to a duty of “reasonable care.” Your supplier in India and your freight forwarder can help, but they do not carry your legal liability.
Step 1 — Classify the Product and Get the Duty Right
Each item needs its 10-digit Harmonized Tariff Schedule (HTS) code, which sets the duty rate. Classification follows the General Rules of Interpretation and is your responsibility; see our step-by-step HTS classification guide.
One point catches India importers repeatedly: India no longer receives GSP preferential treatment. India was removed from the Generalized System of Preferences in 2019, and the GSP program itself has lapsed and remains unauthorized. The U.S. also has no free-trade agreement with India. That means Indian goods generally enter at standard “Column 1” (normal trade relations) duty rates rather than duty-free. Additional tariffs have applied to certain goods at various times, and that picture changes with trade policy — so confirm the current rate for your HTS code with CBP or a customs broker rather than relying on older “reduced tariff” assumptions. If GSP is ever renewed with retroactive effect, CBP guidance has historically allowed importers to flag eligible entries to preserve a later refund; a broker can advise on that flagging.
Step 2 — Match the Product to Its U.S. Agency
India’s biggest export categories each land under a different U.S. regulator. Identify yours before you ship:
| Indian product | Likely U.S. agency | What it triggers |
|---|---|---|
| Spices, tea, packaged food | FDA | Food facility registration, Prior Notice, FSVP |
| Pharmaceuticals, generics | FDA | Drug registration/listing, facility compliance |
| Ayurvedic & herbal products | FDA | Treated as drugs, supplements, or cosmetics by claim |
| Textiles & apparel | CBP / FTC | Fiber-content and country-of-origin labeling |
| Jewelry, handicrafts | CBP | Valuation, marking; FTC metal/stamping rules |
| Leather, wildlife-derived goods | FWS | Lacey Act, CITES for protected species |
Food importers in particular should know about the Foreign Supplier Verification Program (FSVP), which makes the U.S. importer responsible for verifying that the foreign supplier meets U.S. food-safety standards. Ayurvedic and herbal products are a frequent detention point because FDA regulates them by the claims made, and some have drawn import alerts for heavy-metal contamination.
Step 3 — Assemble the Entry Documents
A standard India entry package includes:
- Commercial invoice with accurate description, value, and country of origin.
- Packing list and bill of lading or air waybill.
- Importer Security Filing (ISF, “10+2”) for ocean shipments, filed at least 24 hours before loading.
- Customs bond to guarantee duties and fees.
- Any agency-specific documents — FDA Prior Notice for food, certificates of analysis, phytosanitary certificates for plant goods.
Out-of-date or missing certificates (phytosanitary, sanitary, lab reports) are a common cause of rechecks and delays, so confirm validity dates before the goods leave India.
Step 4 — Mark the Country of Origin Correctly
Most imported articles must be marked with their country of origin — here, “India” — in a way that is legible and permanent to the ultimate U.S. purchaser. Marking is a separate determination from classification, and CBP penalizes incorrect or missing marking. For products assembled from components of several countries, origin can be a genuine question; our guide to country-of-origin determinations explains how the analysis works.
Frequently Asked Questions
Do I still get reduced tariffs on Indian goods under GSP?
No. India was removed from the Generalized System of Preferences in 2019, and the GSP program has since lapsed. Indian goods generally enter at standard Column 1 duty rates. Confirm the current rate for your product’s HTS code, because additional tariffs can apply and the policy changes.
What is the most common reason Indian shipments get held?
Product-specific agency problems — especially FDA issues with food, spices, ayurvedic, and herbal products — and documentation defects like expired phytosanitary or sanitary certificates. Classification and origin-marking errors are close behind.
Do I need an import license to bring goods from India?
There is no general import license. You import as the importer of record with a customs bond and standard entry documents. Specific products (FDA- or USDA-regulated goods, for example) carry their own registration or permit requirements.
Who is responsible if the entry is wrong?
The importer of record — you. The duty of reasonable care stays with you even when a customs broker files the paperwork, so review what is filed and keep your records for five years.
Importing from India is straightforward once you stop assuming preferential treatment and start with the right HTS code and the right agency. Reidel Law Firm advises importers on classification, duty exposure, FSVP and FDA requirements, and reasonable-care programs on flat-fee terms. Get an import compliance memo.
