Why the importer structure has to change now
Duty liability and compliance exposure on a US entry rest with the Importer of Record. Korean companies without a US buyer have commonly obtained an IOR number for their Korean head office and entered goods themselves. EO 14411 directs CBP to apply stricter standards to exactly that kind of non-resident importer.
- Informal entry (shipments of USD 2,500 or less) to be unavailable to non-resident importers
- Continuous bonds restricted unless CBP is satisfied revenue is protected
- CTPAT certification, or filing through a CTPAT-certified broker
- Inaccurate importer identity data (CBP Form 5106) can lead to immediate voiding of the IOR number
A US company with a physical place of business is not subject to the additional non-resident limits. Eligibility, bonding and data-accuracy standards still apply to it in full, which is why the choice of who holds your importer role matters.
Division of responsibilities
The importer carries the liability, so what the exporter must supply is equally specific.
| Item | KALIMENT NEXUS LLC (importer) | Exporter |
|---|---|---|
| Importer identity | Registers and maintains an accurate IOR number and Form 5106 | — |
| Customs bond | Secures and manages a continuous or single-transaction bond | — |
| Entry filing | Files the entry with a licensed customs broker | Accurate commercial invoice and packing list |
| Classification and value | Reviews and settles classification and declared value | Composition, process and actual transaction price support |
| Duties and fees | Pays CBP and settles per contract | Pays the settlement |
| FDA requirements | Confirms Prior Notice, performs FSVP | Keeps FFR current, supplies hazard analysis and test records |
| Origin and supply chain | Reviews evidence, responds to CBP requests | Origin and raw-material sourcing, forced-labor attestations |
| Recordkeeping | Keeps entry records for five years | Keeps transaction records |
We do not accept every shipment
Lending an importer name and passing paperwork through is a risk to both sides: once an importer’s compliance standing slips, every shipment under that IOR is held up. Before the first shipment we check the points below and proceed only with shipments that meet them.
- Product eligibility — FDA facility registration, mandatory label elements, Import Alert exposure
- Document integrity — invoice, packing list and origin data consistent with each other
- Value support — declared transaction value matches the actual sale
- Supply chain — raw-material sourcing and forced-labor checks can be evidenced
How it works
- Step 01
Eligibility check
Product, supplier documents and import history reviewed; we confirm whether Nominated IOR can proceed and what must be fixed first.
- Step 02
Contract and authorization
IOR service agreement, broker power of attorney, and title and sales structure fixed in the contract.
- Step 03
First entry
Prior Notice, entry filing and duty payment; cleared goods released to the designated warehouse or buyer.
- Step 04
Post-entry and settlement
Duties and fees settled, records kept, post-entry CBP requests answered.
Frequently asked
Can our Korean company stay importer of record?
It can. Once the EO 14411 rules are final, non-resident importers are expected to lose informal entry, face continuous-bond limits and CTPAT-related conditions. Check whether you can carry those before deciding.
Why not have the US buyer act as importer?
That is the simplest structure, and if your buyer takes the role you do not need this service. It is for direct online and multi-retailer sales without a buyer, or buyers who want DDP terms.
Who owns the goods?
Importer of record and title are separate questions. Title and the sales model (consignment, purchase, DDP sale) are set in the individual contract.
Can you also store and ship after entry?
Yes. Cleared goods go into partner warehouses for retail delivery, e-commerce fulfillment or Amazon FBA inbound.
Past the border in one contract
Pre-entry stocking and 3PL warehousing and fulfillment are on the logistics page.
LogisticsFind the right route into the US for your products
Tell us your products and current importer set-up and we will come back with a proposed route.