If goods have problems in the US, is the importer responsible? Can inspection be left to the Chinese factory?
Answer
For entries and duties, the importer of record is ultimately responsible; for textile, wool and fur labelling, a factory's guaranty does not shield the importer. CBP says that even with a broker, the importer is "ultimately responsible" for correct entry documents and all duties, taxes and fees, and pays to prepare goods for examination. The FTC says a foreign company's guaranty is no defence to a mislabelling charge and importers should test fibre content periodically. Neither source says the importer is responsible for "all product quality", and there is no official guidance on third-party inspection.
- Applies to
- Sellers and buyers acting as US importer of record, and Chinese factories supplying US clients.
What the agencies say
| Point | Official wording | Source |
|---|---|---|
| Importer ultimately responsible | "even when using a broker, you, the importer of record, are ultimately responsible for the correctness of the entry documentation presented to CBP and all applicable duties, taxes and fees." | CBP: importer/exporter tips (modified 2024-08-27, full page read) |
| Examination costs | "The importer shall bear any expense involved in preparing the merchandise for CBP examination…" (19 C.F.R. 151.6) | Same |
| Labelling (textile, wool, fur) | "a guaranty received by a domestic firm from a foreign company will not serve as a legal defense if the FTC charges the importer with mislabeling products. An importer is legally responsible for the proper labeling of imported textile, wool and fur products. Importers should periodically test the fiber or fur content of imported goods to verify label accuracy." | FTC: Threading your way through the labeling requirements (January 2025 edition, full page read) |
What to do
- If you are the importer, don't rely only on the broker: check description, HTS code, value and origin yourself.
- Apparel and home textiles: test fibre content periodically as the FTC advises and keep the reports.
- Put quality standards and remedies in the factory contract; toward US regulators, the responsibility still sits with the importer.
Before you pay: checks and red flags
- An inspection firm saying "with our report you carry no liability" — the official sources say nothing of the kind.
- A factory's "compliance guaranty" does not remove your labelling liability (FTC wording).
When to use a licensed professional
- Entry documents or classification questions: a US licensed customs broker.
- Contacted by CBP or the FTC: a US attorney.
Unknowns
- CBP "Reasonable Care" informed compliance publication: not read this round.
- Official CBP or FTC guidance on third-party inspection: not found.
- Importer duties for other categories (electronics, toys, etc.): set by other agencies; not covered here.
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