Importer of Record Responsibilities: What the IOR Owes CBP

The importer of record (IOR) is the party legally responsible to CBP for an import. The IOR must use reasonable care to classify, value and declare the origin of the goods correctly, pay the duties, taxes and fees, and keep the records behind each entry for five years. Hiring a customs broker does not move that responsibility. The broker files on your behalf. The liability stays with you.

Who can be the importer of record

The owner or purchaser of the goods, or a licensed customs broker designated by them. Most companies act as their own IOR, using their IRS number or a CBP-assigned number. See CBP Form 5106.

What the IOR is responsible for

• Reasonable care in the information given to CBP, under 19 U.S.C. 1484.
• Classification, value and origin on every line.
• Paying duties and fees, including any additional duties assessed at liquidation.
• A customs bond to secure payment. See continuous vs. single bonds.
• Recordkeeping for five years under 19 U.S.C. 1508.
• Correcting errors when they are found, through a PSC or a prior disclosure.

What happens when things go wrong

Errors can lead to additional duties, penalties under 19 U.S.C. 1592, liquidated damages on the bond, and more scrutiny on future entries.

The upside the IOR owns too

Refunds belong to the IOR. Overpaid duties, IEEPA refunds and drawback rights all start with the IOR's entries. See how to recover overpaid duties.

Frequently asked questions

Can my broker be my IOR? A broker can act as IOR, but most importers keep that role so the refunds and the records stay theirs.

Does my overseas supplier act as IOR on DDP shipments? Sometimes, as a nonresident importer. Then refunds and drawback rights sit with them, unless they are assigned.

How Caspian supports importers of record

Caspian audits your entries so you know what was filed in your name. See our trade audit and trade compliance services.

Works Cited:

• 19 U.S.C. 1484, Entry of merchandise
• 19 U.S.C. 1508, Recordkeeping

This article is general information, not legal advice.