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CustomsIOR

Importer of Record

The party legally responsible for making sure imports follow customs rules and that duties are paid.

What is Importer of Record?

The importer of record (IOR) is the party legally responsible for making sure imported goods comply with the importing country's laws and for paying the assessed duties, taxes and fees. In the United States, 19 U.S.C. 1484 limits who may act as IOR to the owner or purchaser of the goods, or a licensed customs broker designated by the owner, purchaser or consignee, and requires the IOR to make entry using reasonable care. The IOR is identified by an IRS employer identification number, a Social Security number or a CBP-assigned number, registered on CBP Form 5106 under 19 CFR 24.5. The IOR must also be covered by a customs bond, either a single transaction bond or a continuous bond. Other jurisdictions use different labels, such as the declarant or the importer named on the customs declaration, but the principle of one accountable party for the entry is similar.

Why it matters for forwarders

Forwarders often clear goods as customs brokers or agents, but acting as IOR is a much heavier commitment: the IOR is liable for duty underpayments, classification and valuation errors and penalties, sometimes years after release. Under 19 CFR 163.4, entry records generally must be kept for five years from the date of entry, so the IOR must be able to produce invoices, contracts and payment evidence on request. A frequent problem arises under DDP terms, when a foreign seller asks a forwarder to "be the importer" for goods it does not own, leaving the forwarder liable for data it cannot control. Non-resident companies can act as IOR in the US, but they need an importer number and a bond in place before the first entry, so set up Form 5106 and the bond well before the vessel arrives. Make sure the IOR number on the ISF, the entry and the bond all match, because mismatches cause rejections and holds.

IOR FAQ

Can a freight forwarder be the importer of record?

In the US, only the owner or purchaser of the goods, or a licensed customs broker designated by the owner, purchaser or consignee, can be IOR. A forwarder that does not own the goods normally acts as broker or agent, and taking IOR status for a client exposes it to duty and penalty liability.

What is the difference between the importer of record and the consignee?

The consignee is the party to whom the carrier delivers the goods, while the importer of record is the party legally responsible to customs for the entry. They are often the same company but need not be, for example when a buyer imports goods that are delivered directly to its own customer.

What happens if the importer of record makes a mistake on an entry?

The IOR remains liable for any unpaid duties, taxes and fees and can face penalties, because US law requires it to make entry using reasonable care. Errors can surface long after release, which is why entry records must generally be kept for five years from the date of entry.

How much is a customs bond for an importer of record?

A CBP continuous import bond is generally set at 10% of the duties, taxes and fees paid over the previous 12 months, with a minimum of $50,000. A single transaction bond is normally the entered value plus the duties, taxes and fees for that entry.

Sources

  1. 19 U.S. Code 1484: Entry of merchandise, Legal Information Institute, Cornell Law School
  2. 19 CFR 24.5: Filing identification number, Legal Information Institute, Cornell Law School
  3. A Guide for the Public: How CBP Sets Bond Amounts (February 2024), U.S. Customs and Border Protection

Rules and figures change. Check the current text with the issuing body before relying on it.

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