As noted in our November 6th alert, U.S. Customs and Border Protection (CBP) published a 31 page “Interim Final Rule” in the Federal Register that fundamentally changes who may act as an importer of record (IOR) in the United States.

Under the rule, a foreign IOR may not enter merchandise for consumption unless it is itself Customs Trade Partnership Against Terrorism (CTPAT) validated or designates a licensed customs broker that is CTPAT validated.

The rule also requires every IOR claiming U.S. status to declare that status on each entry and entry summary, and it imposes a new obligation on customs brokers to verify, with documentation, that their clients actually qualify as U.S. IORs.

The rule takes effect on January 5, 2027, and comments are due on the same date. Brokers may request delayed compliance with the new verification duty, but all brokers are expected to be in full compliance no later than May 6, 2027.

To help guide importers and brokers through these changes, application of which can be complex in certain circumstances, we are pleased to offer a 1 hour "plain English" webinar next Tuesday at 830 am PST (1130 am EST).

To register for our webinar, please click here.

While we will continue to monitor and advise on developments, the information provided in this notice is not legal advice. Importers and brokers are reminded to consult with their customs counsel for advice appropriate to their situation. Attorneys at Roll & Harris LLP have helped numerous companies join and maintain CTPAT membership and we have participated in over 100 validations since inception of the CTPAT program. Our CTPAT experience can help answer any CTPAT related questions. For further information or questions you may have, please contact Michael Roll at (310) 294-9501 and michael.roll@thetradelawfirm.com, or Brett Harris at (845) 255-1850 and brett.harris@thetradelawfirm.com.