Importer of Record and US Customs: What Do You Need?

The IOR, the broker, the bond and the ISF: who handles what

Brands we work with ask us this all the time:

"Our forwarder takes care of customs, right?"

"We have no US company. Whose name goes on the import?"

"How long before the ship leaves do we have to file the ISF?"

The short answer: US customs clearance is not something your forwarder finishes for you. It is the responsibility of the importer of record. The IOR's name goes on the entry, a licensed customs broker files it under the IOR's power of attorney, and a customs bond backs it. Ocean freight adds one more filing, the ISF.

Below is who prepares each one and when. Duty rates are covered in our next post on HTS codes.

1. What is an importer of record?

The importer of record (IOR) is the party named as the importer on the US entry. The IOR owes the duties and must keep the import records.

IOR number: according to CBP's Form 5106 FAQ, you need an IOR number to file an entry. It is an EIN (US employer ID), an SSN, or a number CBP assigns.
Foreign companies: under the same FAQ, a company with no US tax ID gets a CBP-assigned number.
Address: the same FAQ says the IOR's physical address must be the actual location of the business. A registered agent, customs broker, freight forwarder, P.O. box, business service center or another company's address is not allowed.

The IOR address is where the IOR actually is, not a convenient mailing address. A 3PL warehouse may count as another company's address, so ask your broker or CBP before you use one. And since September 18, 2026, CBP can void an IOR number right away when its Form 5106 data is inaccurate or incomplete.

2. Who should be the IOR: your home company, a US entity or your buyer?

The IOR follows the deal structure. Three setups are common:

Your company abroad is the IOR: you can start without a US entity, but you are a foreign IOR in CBP's eyes.
A US entity is the IOR: a company you set up in the US imports the goods.
Your US buyer is the IOR: a distributor or retailer buys and imports the goods.

Choosing the IOR is not paperwork. It decides who carries the duty and filing liability.

3. Foreign IORs: Executive Order 14411 is announced, not yet in effect

A company abroad can be the IOR today, but Executive Order 14411, signed on June 3, 2026, directs new limits on foreign IORs.

Who is a foreign IOR: a company that is not organized in the US, not located in the US, or not controlled by US citizens or permanent residents, and that does not own significant US real property. A US entity can fall inside this definition, depending on who controls it.
Informal entry: the order directs CBP to bar foreign IORs from filing informal entries.
Formal entry: a foreign IOR may not rely on a continuous bond unless CBP permits it. Where eligible, it must be validated in CTPAT (CBP's supply chain security program) or use a CTPAT-validated licensed broker.
Timing: the order gives the Secretary of Homeland Security 180 days, to the end of November 2026, to revise importer eligibility rules.

As of October 2026, we have found no rule that puts these limits into effect. The foreign IOR limits are announced, not yet in effect. Rules could appear around the end of November. If your company abroad will be the IOR, check the status with your broker before your first shipment.

4. Customs broker: the IOR signs the power of attorney directly

A licensed customs broker can file the entry for you only with a power of attorney (POA) that the IOR signs directly with that broker. CBP's Form 5106 FAQ says the POA must not go through a freight forwarder or any other third party.

Brands often mix up these roles:

Freight forwarder: plans and books the shipment.
Licensed customs broker: files the entry in the IOR's name.
3PL: receives, stores and ships your goods once they clear. See when a US 3PL makes sense.

The broker files for you; it does not take on your liability. The IOR stays responsible for the entry and the duties.

5. Customs bond: a continuous bond starts at $50,000

A customs bond guarantees payment of duties, taxes and fees. There are two main kinds, and CBP's bond guide sets the amounts.

Continuous bond: covers many entries over a year. The minimum is $50,000 or 10% of your duties, taxes and fees over the previous 12 months, whichever is greater. Amounts go up in $10,000 steps to $100,000.
Single transaction bond: covers one entry. It is generally no less than the entered value plus all duties, taxes and fees. You need one when the entry type requires a bond and you have no continuous bond on file.
ISF-only bond: a single transaction bond used only for ISF must be at least $10,000.

For example, if you paid $300,000 in duties, taxes and fees over the last 12 months, 10% is $30,000, so your continuous bond is the $50,000 minimum. At $800,000, the minimum becomes $80,000.

Several imports a year usually call for a continuous bond; one or two test shipments, a single transaction bond. A bond is not a one-time form. It grows as your imports grow.

6. ISF filing: ocean freight only, with two deadlines

The ISF (Importer Security Filing, or "10+2") applies only to cargo arriving by vessel. Under 19 CFR 149.2, 8 of its data elements are due 24 hours before the cargo is loaded at the foreign port, and 2 are due 24 hours before arrival at a US port. Bulk cargo is exempt.

Due 24 hours before loading (8 elements): seller, buyer, IOR number, consignee number, manufacturer or supplier, ship-to party, country of origin, HTS number
Due 24 hours before US arrival (2 elements): container stuffing location and consolidator
Who files: under 19 CFR 149.1, the ISF importer is the goods' owner, purchaser or consignee, or an agent such as a licensed customs broker.
Penalties: in a 2013 announcement, CBP said it may assess liquidated damages of $5,000 per violation for a late, inaccurate or incomplete ISF, and may hold cargo that has none.

If you ship LCL from Korea or elsewhere in Asia, your forwarder usually holds the stuffing location and consolidator details, even when the broker files the ISF. The ISF has two deadlines, so agree up front who supplies each element.

Air cargo has no ISF. Under 19 CFR 122.48a, air cargo data is due 4 hours before arrival in the US, or at wheels-up from nearby areas such as Mexico, Central America and the Caribbean. Flights from Korea fall under the 4-hour rule.

7. Customs fees: MPF and HMF as of October 2026

From October 1, 2026, the merchandise processing fee (MPF) is 0.3464% of value, with a $34.58 minimum and a $670.86 maximum on formal entries (CBP Dec. 26-14). Ocean cargo also pays a 0.125% harbor maintenance fee (HMF) at listed ports (19 CFR 24.24).

MPF: CBP's fee for processing an entry. CBP Dec. 26-14 raised only the minimum and maximum on October 1, 2026.
HMF: 19 CFR 24.24 sets the 0.125% rate and lists the ports, including Los Angeles and Long Beach.
KORUS: according to CBP's MPF table, goods that enter with the US-Korea free trade agreement (KORUS) preference are exempt from the MPF. Korean origin alone is not enough.

For example, an ocean shipment with an entered value of $40,000, cleared as a formal entry at Long Beach:

MPF $138.56 (entered value $40,000 × 0.3464%) + HMF $50 (entered value $40,000 × 0.125%) = customs fees of $188.56

If the goods qualify for KORUS, the $138.56 MPF drops off and only the $50 HMF remains. At an entered value of $5,000, the MPF works out to $17.32, so you pay the $34.58 minimum. Duties, broker fees and the bond are extra.

8. Informal entry up to $2,500, and FDA prior notice for food

Informal entry generally covers shipments valued at $2,500 or less. Shipments above $2,500, and goods under quotas or antidumping and countervailing duties (AD/CVD), need formal entry (19 CFR 143.21, CBP e-commerce FAQs).

CBP's e-commerce FAQs say duty-free de minimis treatment for goods valued at $800 or less was suspended for all shipping modes on June 24, 2026. More in our de minimis post.

Food also needs FDA prior notice, due at least 8 hours before arrival by water and 4 hours by air (21 CFR 1.279). FDA registration and FSVP are in our FSVP post.

US customs clearance at a glance: who does what, and when

Item	What it is	Who handles it	When
IOR	The importer named on the entry, liable for duties	Your company abroad, US entity or US buyer	Before the first shipment: IOR number through Form 5106
Customs broker	Files the entry for the IOR	Chosen by the IOR, who signs the POA directly	Before the first shipment
Customs bond	Guarantees duties, taxes and fees; continuous bond at least $50,000	The IOR, often arranged through the broker	Before the first entry
ISF	Advance filing for ocean cargo (10+2)	Owner, purchaser, consignee, or a broker as agent	8 elements 24 hours before loading, 2 elements 24 hours before US arrival
Entry	The import declaration; informal up to $2,500, formal above	The broker, in the IOR's name	As the cargo arrives
MPF and HMF	MPF 0.3464%, $34.58 to $670.86 on formal entries; HMF 0.125%	Paid by the IOR	At entry

Before your first shipment, answer these:

1. Who is the IOR: your company abroad, your US entity or your US buyer?

2. Is the address on Form 5106 the IOR's actual location?

3. Has the IOR signed a POA directly with the customs broker?

4. For ocean freight, who supplies the 8 early ISF elements and the 2 later ones?

Wrap-up

The IOR carries the liability, the broker files under the IOR's POA, the bond backs the entry, and ocean cargo needs an ISF on two deadlines. 2026 also brought stricter IOR record checks and announced limits on foreign IORs.

From its warehouse in Fullerton, California, LinkONE supports ocean and air freight between Korea and the US, along with US customs clearance and import compliance, including FDA.

In the end, US customs starts with deciding who will be the importer of record, not with booking a ship.

In the next post, we look at how much duty your product will pay, and how to find it with an HTS code lookup.

Frequently Asked Questions

What is an importer of record?

The importer of record (IOR) is the party named as the importer on a US customs entry, and it is liable for the duties and the import records. According to CBP's Form 5106 FAQ, you need an IOR number to file an entry, and that number is an EIN, an SSN or a CBP-assigned number. The IOR's address must be its actual physical location.

Can a foreign company be the importer of record?

Yes, a foreign company with no US tax ID can get a CBP-assigned number through Form 5106 and act as the IOR (CBP Form 5106 FAQ). Executive Order 14411, signed June 3, 2026, directs a ban on informal entries by foreign IORs and limits on their use of continuous bonds. As of October 2026, no rule putting these limits into effect has been found, so check with your broker before you ship.

How much is a customs bond?

A continuous bond is at least $50,000, or 10% of the duties, taxes and fees you paid in the previous 12 months, whichever is greater (CBP bond guide). A single transaction bond is generally no less than the entered value plus duties, taxes and fees, and an ISF-only bond is at least $10,000. What you pay for the bond depends on the surety and your terms.

Who is responsible for the ISF filing, and when is it due?

The ISF importer, meaning the goods' owner, purchaser or consignee, or an agent such as a licensed customs broker, must file 8 elements 24 hours before loading at the foreign port and 2 elements 24 hours before US arrival (19 CFR 149). The ISF applies only to ocean cargo. In 2013, CBP said it may assess liquidated damages of $5,000 per violation.

What are the MPF and HMF in 2026?

From October 1, 2026, the MPF is 0.3464% of the entered value, with a $34.58 minimum and a $670.86 maximum on formal entries (CBP Dec. 26-14). Ocean cargo unloaded at a listed port also pays a 0.125% HMF (19 CFR 24.24). Goods that qualify for the KORUS preference are exempt from the MPF (CBP MPF table).

Sources

Fees and rules in this post are as of October 2026.

-LinkONE-