How to Import Fireworks From China: Licenses and Regulations

Importers who want to bring fireworks into the U.S. will quickly find that China is the number one manufacturer of these pyrotechnic party favors.  When importing them from China into the USA, it’s important to be aware of the most up-to-date rules and regulations from agencies such as Customs and Border Protection (CBP) and the Bureau of Alcohol, Tobacco, and Firearms (ATF).

Key Takeaways

• Fireworks are classified by the ATF as display and consumer versions
• Despite tense trade relations, the vast majority of fireworks imported to the United States come from China
• Importing display fireworks requires a federal explosives license (FEL)
• Before importing fireworks, you need to be familiar with regulations at the federal, state, and local level

To avoid fines and other enforcement actions, familiarize yourself with the information and guidelines in this article before starting the import process.

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Fireworks Categories Explained

Before we get to the specifics of sourcing goods from China, there is some general information about fireworks worth reviewing.

The ATF governs federal explosives regulations in the United States, separating them into two categories.

• Display Fireworks:These are the large firework displays used in shows, generally under the supervision of a trained pyrotechnician. This individual is responsible for the safe storage, handling, and operation of the fireworks.  
• Consumer Fireworks: Consumer fireworks are small fireworks, usually sold at stands around the Fourth of July holiday. The ATF does not regulate the importation, or delivery, of completed consumer fireworks. However, they are regulated at the state and local level in some areas, so you should check local laws before importing them for resale.

For importers who only plan to bring consumer fireworks into the country, you won’t need a license at the federal level. However, if you plan to import display fireworks, you’ll first need to acquire a federal explosives license, or FEL. Applying for one is a multistep process, which I’ve laid out in the next section.

How to Apply for a Federal Explosives License

The steps to applying for an FEL are as follows.

1. Fill out ATF form 5400.13/540016. Make sure you establish all transportation and warehousing plans before you fill in the form, and be prepared to provide the information of any business partners. 
2. Provide a clear 2” x 2” photograph and fingerprints for everyone listed in the form. You’ll need to use the FD-258 fingerprint card document to accurately submit fingerprints. 
3. All people considered “employee possessors” of the explosive materials for any given amount of time must individually fill out ATF Form 5400.28. This is anyone that directly possesses, controls, or oversees the care of the explosives in question.
4. Include payment for all the selected licenses and permits with a money order or check made payable to the ATF.  Make sure you have calculated your totals correctly before submitting payment.
5. Send all documents, photos, and payments to the ATF’s Lockbox in Portland, Oregon for processing. They will send it to the Federal Explosives Licensing Center (FELC), where background checks will be conducted on all “responsible persons” listed in the forms. A responsible person is anyone empowered to manage, set policy, and establish practices of the business pertinent to explosives.
6. The application will be sent to the ATF field office that has jurisdiction over your location. They will schedule an Industry Operations Investigator (IOI) to survey your location and do a face-to-face qualification inspection. The inspector will also inform you of the requirements associated with local laws, federal laws, explosives storage, record keeping, and other related rules.
7. The IOI will go over your application with you and consider your responses in their evaluation. Roughly 90 days after you submit the completed file, you can expect a follow-up that informs you of whether you qualify for licensing.

Assuming you qualify, or you only plan to import consumer-grade fireworks, you’re ready to start the process of importing.

Importing Fireworks from China: Finding a Supplier

The Pyrotechnics Guild International (PGI) is a great place to start looking for fireworks suppliers. You can also go through online directories like Alibaba for a more direct connection to suppliers. 

Another option is to look up the products you want to import using its North American Industry Classification System (NAICS) Code. Almost all products have a NAICS identification code, and some suppliers list their products using those codes. If you don’t know what the code is for the product you want, you can find it using the NAICS search feature on the United States Census Bureau website.

Once you’ve found a supplier, you might be overwhelmed by all the options available. There are dozens of different firework types, and familiarizing yourself with them is important not just from a sales standpoint, but to make sure you don’t accidentally buy something that’s illegal in your area.

Types of Fireworks

There are many types of fireworks that can dazzle an audience that you should know about. I’ve listed a few below to get you started.

• Aerials: This is a broad term used to describe any firework that shoots into the air. 
• Barrages/Cakes: A cluster of similar or varied aerial fireworks strapped together, and lit from a single fuse. 
• Catherine Wheels: This type of firework is circular, and is attached to an upright post, like a fence or a stand. When it is ignited, it spins around at high speeds.
• Firecrackers: Several connected cardboard cylinders that fire off with a series of loud pops or bangs.
• Fountains: This type sits on the ground and emits a shower of sparks. It can sometimes be accompanied by whistles or other effects.
• Girandola: An aerial type of firework that is known for its distinct spiraling ascent.
• Ground Spinners: This firework stays on the ground once it is lit, often skipping around in exciting or unpredictable directions.
• Rockets: Rather than being launched from a mortar, this entire device is launched into the air. Smaller, consumer-size versions are commonly known as bottle rockets.
• Roman Candles: A single tube that fires off multiple times, launching small spheres of light into the sky. 
• Salute: This is a ground-based firework that uses flash powder instead of traditional firework contents. 
• Snaps/Poppers: Perfect for kids, these consist of tiny caps wrapped in paper that ignite and “pop” when thrown against a hard surface.
• Sparklers: This is a classic, well-known novelty firework. It emits a shower of sparks when ignited.

No matter what kind of fireworks you end up buying, you’ll need to take their duty rate into account when making a purchase.

Firework Duty Rates

When you’ve decided what you want to import, you’ll want to calculate the duties you’ll owe when they arrive. Duties on fireworks are a flat percentage of the shipment's overall value. 

In the table below, I’ve listed the duty rates for imported fireworks based on the Harmonized Tariff Schedule (HTS).

Given the volatile nature of the U.S./China trade relationship, additional tariffs may apply at the time of your purchase. Consulting with a customs broker is the best way to ensure the correct calculation of duties owed. They can also help you avoid the costly mistake of importing illegal fireworks.

Avoiding Illegal Fireworks

The Consumer Product Safety Commission (CPSC) is the government agency setting the regulations for what counts as an illegal firework. A firework’s legal status is dependent on the:

• Number of explosive compounds
• Noise output (measured in decibels)
• Size and structure 

No matter where you get your fireworks, you should always research your supplier. The last thing you need is to get caught importing illegal fireworks, even if you do it unknowingly. 

Here are some common indicators of illegal fireworks.

• Unmarked or vaguely labeled devices
• Anything resembling a cardboard tube or a small lumpy sphere wrapped in a paper bag
• Solid red, brown, or silver devices
• Anything poorly constructed or flimsy
• A fuse coming out of the side of the device, instead of on top
• Dust on the outside of the device
• Any supplier that is hesitant to disclose information to you

One of the things that makes illegal fireworks so dangerous is their unpredictability. They could combust in transport or react in uncontrolled ways when the fuse is lit. Accidents involving illegal fireworks often result in serious injury or even death, so don’t take chances with this step. 

Assuming your transaction is on the up and up, you’ll want to be aware of laws regarding the domestic sale and usage of your fireworks.

Federal Regulations for Importing Fireworks

Since many fireworks are technically explosives, there are several federal regulations you’ll need to understand before importing them.

Some of the most pertinent regulations can be found in subsection 555.221 of the Federal Explosives Laws and Regulations guide. The rules governing storage of fireworks are particularly noteworthy.

In addition to federal regulations, there are state and local laws regarding the sale and use of fireworks as well.

State Specific Fireworks Laws

If you intend to commercially import fireworks, you’ll need to understand the regulations in the state where you intend to sell. 

This list covers the basics of each state’s laws, but it is always a good idea to check in with local authorities to see what is legal in your specific city or county.

• Alabama: All legal consumer fireworks are permitted in this state, but aren’t allowed to be used in incorporated towns and cities. Sales from tents, trucks, or mail-order is strictly prohibited.
• Alaska: All legal consumer fireworks are permitted in this state.
• Arizona: Novelty fireworks are permitted year-round. During the weeks surrounding Independence Day and New Years, ground devices like fountains and spinners are allowed. Aerial fireworks are prohibited.
• Arkansas: Novelty fireworks are permitted year-round, but other legal consumer fireworks are only permitted during the weeks surrounding Independence Day and New Years.
• California: Firecrackers, aerial fireworks, wire and stick sparklers, roman candles, and any device with a surprise element in it are strictly prohibited. There are also limits on the types of chemicals in the fireworks’ composition.
• Colorado: Fountains, ground spinners, and various novelty items are permitted, but bottle rockets, cherry bombs, aerials, and anything considered an audible ground device is prohibited.
• Connecticut: All explosives and aerial devices are strictly prohibited. Not even novelties are allowed, with the one exception of hand-held or ground based sparklers and fountains.
• Delaware: Novelty fireworks, sparklers, and ground-based sparklers are permitted in this state, but can only be used on July 4th and December 31st. Anything explosive or aerial is strictly prohibited. The volume of pyrotechnic compounds is closely monitored, and strongly enforced.
• Florida: Novelty fireworks, non-explosive pyrotechnics, and ground-based fireworks are all permitted in this state. Firecrackers, flammable or explosive compounds, and aerials are prohibited. Fireworks can only be used on July 4th, New Year’s Eve, and New Year’s Day.
• Georgia: This state explicitly forbids the use of any device with flaming propulsion. This includes balloons, rockets, and floating lanterns. However, other devices like roman candles and novelty fireworks are permitted, along with most non-explosive and non-aerial pyrotechnics.
• Hawaii: This state forbids the use of aerial fireworks and any ground firework that moves more than 12 feet in any direction. Interestingly, fountains and sparklers are not allowed, but firecrackers may be purchased with a state-issued permit.
• Idaho: This state requires an import license, a retail sales permit, and a liability bond, which will come with extra fees. They only permit non-aerial ground devices, like fountains, ground spinners, and novelty fireworks. Roman candles, bottle rockets, and the like are not permitted.
• Illinois: This state permits novelty devices, like snakes and poppers, but prohibits almost all other types of fireworks. 
• Indiana: All legal consumer fireworks are permitted in this state.
• Iowa: All legal consumer fireworks are permitted in this state.
• Kansas: M-80s and rockets mounted on a stick or wire are prohibited in this state.
• Kentucky: All legal consumer fireworks are permitted.
• Louisiana: All legal consumer fireworks are permitted.
• Maine: Many types of aerial fireworks are prohibited, but not all of them. All fireworks must be sold from a fixed stand-alone building, and not from a tent or truck.
• Maryland: Novelty fireworks, ground-based devices, and anything non-explosive and non-aerial is permitted, as long as they are approved by the state fire marshal. 
• Massachusetts: All consumer fireworks of any kind are strictly prohibited.
• Michigan: All legal consumer fireworks are permitted in this state.
• Minnesota: Fountains and novelty devices are permitted, but explosive and aerial devices are prohibited.
• Mississippi: All legal consumer fireworks are permitted in this state.
• Missouri: All legal consumer fireworks are permitted in this state.
• Montana: Most consumer fireworks are permitted in this state, except for skyrockets, roman candles, and bottle rockets. Mail orders are also not permitted. Sale from tents, canopies, or temporary membrane structures are prohibited.
• Nebraska: Most consumer fireworks are permitted in this state, except rockets, colored wire sparklers, and large firecrackers. They can only be sold between June 24 through July 5 and December 28 through January 1.
• Nevada: Only “Safe and Sane” fireworks are permitted at the state level. Certain areas prohibit all fireworks.
• New Hampshire: Rockets mounted on sticks and smoke devices are prohibited in this state. All sales must be completed in a stand-alone building, instead of a tent or truck. Be aware that there are many more regulations in regard to selling fireworks within this state.
• New Jersey: Aerial devices, firecrackers, and fireworks containing yellow or white phosphorus or mercury are prohibited in this state. 
• New Mexico: All legal consumer fireworks are permitted in this state, but are not to be used in open space areas and cities.
• New York: Sparklers, fountains, and novelty devices are all permitted, but aerial devices, roman candles, wire sparklers, and firecrackers are prohibited.
• North Carolina: Explosive and aerial fireworks are not permitted in this state.
• North Dakota: All legal consumer fireworks are permitted in this state.
• Ohio: Consumer-grade fireworks may be used on specific dates: July 3,4, and 5, Labor Day, Diwali, New Year’s Eve, New Year’s Day, Chinese New Year, Cinco de Mayo, Memorial Day weekend, and Juneteenth.
• Oklahoma: Skyrockets, sky lanterns, and bottle rockets are prohibited, as are mail order and door-to-door sales.
• Oregon: Aerial fireworks are prohibited. All fireworks sales must be made at a licensed location, and cannot under any circumstances be purchased online.
• Pennsylvania: All legal consumer fireworks are permitted in this state.
• Rhode Island: Aerial fireworks and flame-producing devices are prohibited in this state. Ground and hand held sparklers are allowed.
• South Carolina: Small rockets are prohibited in this state, but all other legal consumer fireworks are permitted.
• South Dakota: Any firework containing dynamite, nitroglycerin, and giant powder is prohibited, which includes firecrackers. Fireworks may only be sold from June 27 through July 5 and December 28 through New Year’s Day.
• Tennessee: All legal consumer fireworks are permitted in this state, but mail orders are prohibited.
• Texas: Most legal consumer fireworks are permitted in this state, with the single exception of small rockets. They may only be sold on or near the following holidays: The Fourth of July, Texas Independence Day, San Jacinto Day, Memorial Day, Christmas, and New Year's Day.
• Utah: Fountains, novelty devices, spinners, and cakes are allowed in this state, but almost everything else is strictly prohibited. They may only be sold on or near Independence Day, New Year’s Day, and Chinese New Year.
• Vermont: Firecrackers, skyrockets, roman candles, and some other aerials are not permitted in this state. Sparklers and smoke devices are allowed.
• Virginia: Exploding aerial fireworks are not permitted in this state. Fireworks that stay on the ground are legal.
• Washington: Firecrackers, skyrockets, salutes, chasers, and bottle rockets are prohibited in this state. Fireworks may only be sold from June 29 through July 4 and December 31 through New Year’s Day.
• Washington, D.C.: Exploding fireworks, aerial fireworks, and any device containing oxidizing agents or chemicals are strictly prohibited in this district. Novelty fireworks and fountains are permitted.
• West Virginia: All legal consumer fireworks are permitted in this state.
• Wisconsin: Exploding and aerial fireworks are prohibited in this state.
• Wyoming: All legal consumer fireworks are permitted in this state.

Severe droughts, especially in areas prone to wildfires, may result in temporary bans on fireworks as well. Make sure you are aware of that when you are choosing the time and port to come through with your shipment of fireworks.

The American Pyrotechnics Association (APA) outlines a comprehensive, updated list of state specific laws. It is also a good place to look for additional information on each state, including contact information for individual state fire marshals.

Choose the Right Customs Bond

Any import transaction valued at $2,500 or more will require a customs bond.  If you are importing fireworks regularly, a continuous bond is your best choice. These types of customs bonds handle shipments of high value and accommodate multiple entries at several ports.

Those importing display fireworks, regardless of value, must have a customs bond because of their status as a regulated commodity. 

For a one-time transaction, a single-entry bond may be a better choice. Like its name implies, it’s good for one import transaction.

Whichever bond you decide to use, we can provide you with it, among other importing services.

Importing Chinese Fireworks with USA Customs Clearance

Fireworks can be a blast, but importing them successfully requires extensive knowledge of regulations and trade restrictions. If you’re unsure about any step in the process, we can help.

At USA Customs Clearance, we provide customized solutions that keep you in compliance and your international shipping in transit. Our Customs Brokerage professionals have a wealth of knowledge to streamline the importing process for you. 

Our services include:

• Customized consulting sessions
• Customs bonds
• Importer of record registration
• And more

Call us today at (855) 912-0406 to get started, or contact us online to speak with one of our licensed customs brokers specializing in regulated imports.