Importing in the United States: Right to Make Entry

TRG is here to help you make sure you know who has the Right to Make Entry while importing in the United States. Make sure you stay informed and don’t get lost in the importing process.

During the practice of Importing in the United States, there are a number of requirements that can not be overlooked. These requirements can be confusing for new importers since there are many layers of information to dig through as you learn what it takes to receive your goods and comply with Customs.

A few of the most vital requirements include, but are not limited to, completed entry documentation, payment of estimated duties, and evidence of the right to make entry. Understanding who has the right to make entry can be a particularly confusing part of these requirements since there are a few different circumstances for importers to consider.

Who has the Right To Make Entry?

In order to enter and clear goods with Customs and Border Protection, the ‘importer of record’ must have the legal right to make the necessary filings, this is also known as having ‘The Right to Make Entry’. The importer of record may be the owner or the purchaser of the merchandise, or (when designated by the owner or purchaser) a licensed Customs Broker with an active Power of Attorney.

Click the image for the full downloadable PDF

In the majority of cases, the entry is made by a person or firm certified by the carrier bringing the goods to the port of entry. In these cases, the certified entity is considered the “owner” of the goods for Customs purposes. Customs Brokers are the only entities authorized by United Stated tariff laws to act as agents of the importer during the transaction of their business with Customs.

When an entry is made by a Customs Broker, a CBP Power of Attorney must be made in the name of the Customs Broker. The Power of Attorney is given by the person or company for which the Customs Broker is acting as an agent.