USVerified 2026-10-27
United States - Import & Export Regulatory Guide
The US operates one of the most granular trade-compliance regimes in the world. Imports run through CBP (Customs & Border Protection) under the HTSUS; exports are dual-licensed under EAR (BIS) and ITAR (DDTC). Sanctions enforcement is centralised at OFAC. UFLPA (2022) creates a rebuttable presumption that any goods with a Xinjiang nexus are forced-labour products.
Regulatory authorities
Import entry, HTSUS classification, duty collection, ACE filings.
EAR export controls, ECCN classification, licensing.
Sanctions programs, SDN List administration.
ITAR / USML defense articles.
FDA / USDA / EPA / FCC
Product-specific admissibility for food, drugs, agri, chemicals, radio equipment.
Licensing regimes
| Licence | Scope | Issuer |
|---|---|---|
| EAR licence (dual-use) | Items on Commerce Control List (CCL) with an ECCN + country/end-use nexus. | BIS |
| ITAR licence | USML defense articles/services; DS-5 registration required. | DDTC |
| OFAC specific/general licence | Any transaction touching sanctioned party, jurisdiction or SDGT. | OFAC |
| FDA Prior Notice | All food/beverage imports; filed via ACE min 2h before arrival. | FDA |
Prohibited goods
- · Goods produced with forced labour (Tariff Act §307 / UFLPA rebuttable presumption).
- · Cuban-origin goods except OFAC-licensed exceptions.
- · Iran/North Korea/Crimea/DNR/LNR-origin goods (Syria: targeted sanctions and EAR export controls only).
- · Ivory & endangered species (ESA + CITES).
- · Counterfeit trademark/copyright goods (19 USC 1526).
Restricted goods
- · US-import section: USMCA preference does not override Section 338 measures: certain Canadian alcoholic beverages, dairy and motor-vehicle products (see the proclamation annexes) face a 50% additional duty (from 22 Aug 2026), and some face import bans (from 29 Sep 2026).
- · US-import section: From 12:01 am ET 30 Oct 2026, the Proclamation of 23 Oct 2026 (Further Modifying the Scope of Products of Canada Subject to the Additional Duties…) removes 22 subheadings from the 50% Section 338 duty (Annex I Part A) and adds 100 subheadings (Annex I Part B); civil aircraft under General Note 6 are excepted; the duty applies in addition to Section 232 duties. Annex II amends Ch. 99 U.S. note 51(b)(3).
- · From 4 Dec 2026: +15% on polysilicon ingots and derivatives, plus a minimum import price of USD 21/kg polysilicon, USD 100/kg ingots and wafers, USD 0.22/W cells, USD 0.38/W modules. For JP/KR/TW/CH/LI/EU origin, 232 + MFN = 15%; for UK, 10% (this UK 10% is the polysilicon rate under Proc. 11052, not the pharma rate). Raw 2804.61 scope: to verify against the Annex.
- · Section 232 pharmaceuticals from 31 Jul 2026 for Annex III companies and 29 Sep 2026 for all other companies: patented products 100% ALL-IN, not added to MFN (9903.04.60); Japan, EU, South Korea, Switzerland and Liechtenstein 15% ALL-IN, not added to MFN (9903.04.62); UK MFN +0% (9903.04.63), under 91 FR 49406 (FR Doc 2026-15799, https://www.federalregister.gov/d/2026-15799), reducing the original +10% to 0% from 31 Jul 2026; approved onshoring plan +20% (.64); .65/.66/.70 +0%. Generics (.67) and entries before 29 Sep 2026 (.61): no change, except Annex III companies (from 31 Jul 2026). HS 30 example: generic, no Section 232; covered patented product, 100%, or 15% total for EU origin; UK origin: MFN only. Confirm Annex I coverage before selecting a tariff line.
- · Section 232 steel and aluminium: 50% (UK 25%, 9903.82.04) since 4 June 2025. Source: HTS Rev 21 Chapter 99, https://hts.usitc.gov/reststop/file?release=currentRelease&filename=Chapter%2099
- · Chinese-origin goods on Section 301 List 1-4A (7.5-25% additional tariff).
- · Semiconductors, advanced computing chips & tools - EAR §744.23 China/Macao/Russia end-use controls.
- · Encryption items - EAR §740.17 CCATS classification, mass-market notification.
- · Chemicals - EPA TSCA §5 pre-manufacture notice; some also PMN-listed.
Labelling requirements
- · Country of origin marking - 19 CFR 134, in English, conspicuously & indelibly on the article.
- · FTC textile fibre content labelling (16 CFR 303) - fibre by weight, RN number.
- · FDA nutrition facts panel per 21 CFR 101 for packaged food.
- · CPSC tracking labels for children's products (Section 103 CPSIA).
Sanctions overlay
- · Graham Act (signed 18 Sep 2026) and EO 14436 (16 Oct 2026, 91 FR 66627): 500% additional duty on Russian goods and 100% on goods from certain buyers of Russian oil/gas and evasion facilitators were enacted, but are WAIVED under Sec. 4 of the order as of 21 Oct 2026 and are not collected. The waiver can be withdrawn. Existing Russia sanctions are unchanged.
- · Comprehensive: Cuba, Iran, North Korea, Crimea/DNR/LNR.
- · Syria: targeted list-based sanctions only (PAARSS) since the Syria program ended on 1 Jul 2025; export controls under the EAR may still apply.
- · Sectoral: Russia (Directives 1-4), Venezuela oil/gold, Belarus.
- · SDN List - blocked property; 50% Rule aggregates ownership.
- · OFAC 50% Rule - entities 50%+ owned by SDN are themselves blocked.
Dispute resolution
Import protests via CBP Form 19 (180 days). Court of International Trade (CIT) for classification/valuation. FCPA enforcement via DOJ/SEC. Trade remedies (AD/CVD) administered by DOC/ITC. FTA disputes under USMCA Chapter 31.
Key official sources
- HTSUS Online ↗
Official tariff schedule.
Frequently asked questions
How does the OFAC 50% Rule work in practice?
If an SDN owns 50% or more of an entity (aggregated across all SDN owners), that entity is treated as blocked even without being separately listed. Screen ultimate beneficial ownership, not just the counterparty name.
When do Section 301 tariffs apply?
On goods of Chinese origin (substantial transformation test, not shipped-from). List 1-3 cover ~USD 250bn of imports at 25%; List 4A ~USD 120bn at 7.5%. Exclusion windows open periodically via USTR.
How does UFLPA affect a shipment sourced outside Xinjiang?
UFLPA creates a rebuttable presumption for goods with any Xinjiang nexus - including upstream inputs (cotton, polysilicon, tomatoes). CBP expects a full traceability package: bills of materials, supplier maps, transaction records, worker interviews. Isolate exposure by tier-2 and tier-3 supplier audits before shipping.
When is an EAR export license required for a routine commercial shipment?
Check the ECCN on the Commerce Control List, then the Country Chart. Most EAR99 items ship No License Required (NLR) to non-embargoed destinations. Licences are triggered by classified ECCNs (5A002 encryption, 3A001 semiconductors), restricted end users (Entity List), or prohibited end uses (military, WMD).
How are Section 301 China tariffs applied on top of MFN duty?
Section 301 duties (7.5-25%, plus proposed 100% on EVs and select cleantech) stack on top of the HTSUS Column 1 duty rate. Confirm applicability against the current Federal Register list by 10-digit HTS line. Some categories have granted exclusions - check USTR's exclusion portal.
What is ACE and who has to file?
The Automated Commercial Environment is CBP's single-window platform. The importer of record (or a licensed customs broker acting on their behalf) files entry summaries (CBP Form 7501), PGA data (FDA, USDA, EPA), and cargo release. E-file is mandatory - paper filings are not accepted for commercial entries.
Regulated commodities for United States
Cross-reference regulatory rules with specific grades and trade lanes for physical commodities.
Templates & guides
Compliance templates
Essential documentation for physical trade flows with ${c.country} counterparties.
Templates
How-to guides
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