The client's task
Title
US customs broker with experience in Foreign Importer of Record
Description
I am looking for a US customs broker with experience in Foreign Importer of Record.
I currently have a DHL express shipment waiting for customs clearance China to US (LA).
They are requesting information to clear the shipment, however I would prefer my UK company to remain the Foreign Importer of Record.
The UK company does not have an EIN or presence in US - so looking for someone who specialises in this.
My analysis and guidance
1.
Your UK company (hereinafter C1) cannot «remain» the Foreign Importer of Record (FIOR), because it is not one.
The FIOR status requires registration (Form 5106) and formal recognition from U.S. Customs and Border Protection (CBP).
2.
You are mistakenly focusing on the absence of an EIN, whereas it is not required for a foreign importer.
Instead, a Customs Assigned Importer Number (CAIN) is required.
3.
Based on your previous job posting (https://www.upwork.com/jobs/~021949010188391384864), it appears you initiated the registration of a company (hereinafter C2) in the USA 2 months ago.
The most straightforward solution likely involves using C2 as the Importer of Record (IOR).
To do this, however, it must obtain an EIN if it does not have one yet.
Using C2 simplifies the structure of the import operation, as it can act simultaneously as both the IOR and the Ultimate Consignee.
4.
Even if C1 were to act as the FIOR, it would still be required to designate an Ultimate Consignee in the United States with a valid U.S. tax identification number.
This requirement is established in 19 CFR § 142.3(a)(6).
5.
A Customs Bond (CB) is mandatory for any IOR, whether a resident entity (like C2) or a FIOR (which C1 could become).
The absence of a CB is an absolute barrier to the importation of commercial shipments.
A CB is a financial guarantee provided to the U.S. government through a licensed American insurance company (a surety).
CB ensures that the importer will fulfill all its obligations to pay duties, taxes, and fees, as well as comply with all customs regulations.