Can I Do My Own Customs Clearance?

As a new importer, you might be wondering if you can clear goods through customs on your own. After all, hiring a customs broker is just another process that costs time and money. However, the answer to this question might not be the one you expect, or the one you want. We’ll give you the answer and provide you with further import guidance you should know. 

Key takeaways:

• U.S. importers are allowed to clear their goods through customs on their own.
• Although you can clear your goods through customs by yourself, hiring a customs broker can provide you with valuable import assistance. 
• There are numerous responsibilities and risks that come with customs clearance, and the penalties for import violations can result in fines or imprisonment.
• Importing on your own can be stressful and time-consuming, while using a customs broker can make the process more efficient. 

Let’s take a closer look at solo importing and the factors you’ll have to consider. 

CBP’s Ruling On Clearing Customs By Yourself

According to Customs and Border Protection (CBP), there is no legal requirement to hire a customs broker to clear your goods through customs. However, many importers choose to hire a customs broker because of the assistance they can provide. 

Brokers are licensed by CBP and have plenty of experience clearing goods through customs. They also have connections with other logistics providers in the supply chain. This means they can secure domestic transport and warehousing once your goods make it into the country. 

That said, you’re still free to import by yourself if you’re feeling up to the task. In the next section, we’ll discuss all the responsibilities you must complete in the customs clearance process.  

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Your Responsibilities in the Customs Clearance Process

Clearing imports through customs is no easy task, especially if you’re doing it alone. 

Here are your primary responsibilities:

• CPB and partner government agency (PGA) compliance
• Handling import documentation
• HTS classification, valuation, and duty payment
• Record keeping

All imports that come into the U.S. must comply with CBP and PGA regulations. A PGA is any government agency that helps CBP oversee the importation of products into the country.

This can include:

• U.S. Department of Agriculture (USDA)
• Department of Commerce (DOC)
• Department of Health and Human Services (HHS)
• Department of Transportation (DOT)

Navigating import documentation can be a challenge as well. There are certain types of paperwork that are used universally for all goods entering the country. This includes bills of lading, pro forma, and commercial invoices. 

However, other documents unique to certain imports might be required. For example, the DOT HS-7 form is used specifically for declaring the entry of motor vehicles into the country. 

HTS classification, valuation, and paying applicable duties must be handled with the utmost care. There are numerous codes within the Harmonized Tariff Schedule of the United States (HTSUS) to choose from, and selecting the wrong one can affect your ability to complete this step.

After your goods have successfully cleared customs, you’ll need to abide by different record keeping requirements. Records for imports should be kept for five years after the date of their entry. 

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The Risks of Importing Alone without Professional Assistance

When you import without professional assistance, you open yourself up to a variety of risks. 

This includes:

• Regulatory Changes: Government guidelines can be altered at any time. If you’re unaware of the alterations, you can run into compliance issues. 
• Tariff Adjustments: Tariffs can rise and fall at a moment’s notice. You’ll need to keep up with these changes to ensure you pay the right amount for your imports. 
• Cost of Entry Fees: You could face fines if your import doesn’t comply with applicable regulations when it enters the country. Similarly, delays or seizures of your goods could result in additional storage expenses.  
• Delays or Rejections: Unforeseen problems within the supply chain could lead to the delayed entry of your goods, and invalid customs documentation will lead to rejected imports.
• Damage to Your Brand: Not following regulations correctly can create a bad relationship between you, your customers, and CBP. 

Mitigating these risks can be extremely challenging by yourself. It’s the job of a customs broker to help you avoid them altogether. 

Penalties for Import Violations

Violating the customs clearance process, intentionally or unintentionally, can result in serious penalties for importers. CBP uses three levels of culpability when assessing infractions. 

• Negligence: Violations that result from an act or acts that show failure to exercise the degree of reasonable care and competence expected from a person in similar circumstance. 
• Gross Negligence: Violations that result from acting with the actual knowledge or complete disregard of relevant import facts that shows indifference to regulatory obligations.
• Fraud: Violations that result from deliberately deceiving U.S. customs officials. 

CBP penalties for these import violations can vary between civil and criminal. Civil penalties typically result in a fine. How the fine amount is calculated is based on whether there was a loss of duty when the violation was committed. 

The following graphic shows the civil penalties for violations that resulted in lost duties.

The next graphic shows the civil penalties for violations that didn’t result in lost duties.

Criminal penalties for import violations can lead to imprisonment. The third graphic shows the amount of time you could serve.

For better clarity, false information falling under general criminal statutes refers to crimes like money laundering, obstruction of justice, and similar wrongdoings. As these graphics show, you can run into a variety of legal troubles if you commit an import violation. You’ll need to proceed carefully and be aware of all applicable regulations. 

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A Hypothetical Example of Clearing Customs Alone

To give you an idea of what it would be like to import by yourself, let’s go through hypothetical. Suppose Maria, owner of a coffee shop in California, wants to import coffee beans from growers in Colombia. 

Here are the steps she’ll have to follow:

1. Preparing for the Import: First, Maria will need to obtain her electronic importer number (EIN), determine which HTS code applies to coffee beans, and find the applicable duty & tariff rates for her goods. 
2. Arranging Logistics: Next, she arranges for transportation of her goods from Bogota, Colombia to the port of entry. Maria also gathers all relevant customs documentation for her goods, or so she thinks.
3. Filing Customs Entry: After registering her Automated Commercial Environment (ACE) portal, Maria files her entry with CBP. She uses an Importer Security Filing (ISF) because her coffee beans will arrive by vessel. Maria also submits a CBP Form 3461.
4. The First Problem: While reviewing her entry, CBP notices Maria’s packing list doesn’t match the bill of lading. CBP flags the discrepancy and puts her shipment on hold for clarification. She spends five days emailing her supplier to get the issue resolved. 
5. The Second Problem: Maria comes to the realization the FDA and USDA also oversee the importation of coffee beans. Since she didn’t anticipate this, none of the necessary paperwork or inspections that need to be performed have been arranged. Her coffee beans remain on hold for another five days. She’s forced to spend money on storage fees until the problem is resolved. 
6. Shipment Release: Once her complications with CBP, FDA, and USDA have been resolved, Maria’s shipment is finally released. 

Due to the delays, Maria spent over thousands of dollars on storage fees and fines. Her business also lost over a week of sales because of her shipment arriving late. Had she hired a customs broker, she would’ve only paid a fraction of those costs. 

Although Maria was able to get her coffee beans into the country, she ran into a variety of problems that cost her unnecessary time and money. You may find yourself in a similar situation if you choose to import by yourself. 

Comparing DIY Importing to Importing with A Customs Broker

Importing alone is vastly different from importing with a customs broker. Let’s start by looking at the pros of going solo. 

• Cost Savings: Importing alone means you’ll be able to avoid all of the associated fees that come with hiring a customs broker. 
• Full Control & Direct Oversight: Solo importing gives you full control over every step of the customs clearance process.

Now, let’s consider the pros of hiring a customs broker:

• Access to Regulatory Expertise: Customs brokers are experts in trade policy, which greatly reduces the burden of having to look up information.  
• Efficient Documentation & Filings: Customs brokers can fill out and follow all the applicable paperwork related to your goods in a timely manner. 
• Strong Logistical Support: Brokers have transportation and warehousing contacts throughout the domestic and international shipping environment. 
• Support Amid Policy Volatility: When trade policies change, brokers are amongst the first to find out. 

Despite the additional expenses that come with hiring a customs broker, there is an exceptional amount of support they can provide. Importing alone might give you more control over the customs clearance, but it’s more work on your end.  

Don’t Import Alone - Choose USA Customs Clearance As Your Customs Broker

Here at USA Customs Clearance, we have experienced customs brokers and other importing professionals that can provide you with vital assistance. They’ve helped importers from various industries clear their goods through customs. With us by your side, you can be sure all your shipments make it into the U.S. without problems arising from lack of knowledge or inexperience. 

Don’t take on the risks of importing alone. Start importing with customs specialists you can trust. If you have any questions about the services we provide, call our team at (855) 912-0406 or reach out to us on our contact page.