Can a Foreign Company Be Importer of Record in the U.S.?
Yes. A foreign (nonresident) corporation can be the importer of record, but under 19 CFR 141.18 it may not enter merchandise for consumption unless it has a resident agent in the state where the port of entry is located, authorized to accept service of process, and a CBP Form 301 bond with a resident corporate surety.
Requirements for a nonresident corporation
- A resident agent in the port state (or, for remote location filing, in the filing state)
- A CBP Form 301 bond with a resident corporate surety
- A CBP-assigned importer number for the foreign importer (requested on CBP Form 5106, usually through your customs broker)
Who handles what
- Customs broker: entries, classification, valuation, duties (licensed "customs business", 19 CFR 111)
- Surety: the bond
- Resident agent (US Agent Desk): accepts service of process only
Not covered by 141.18
- Nonresident individuals and partnerships are outside this section
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General information, not legal advice. Last reviewed October 21, 2026.