How to Import Cosmetics Into the US as a Foreign Company

How to Import Cosmetics Into the US as a Foreign Company

Once a container of skincare lands at a US port, the clock starts. The entry paperwork must reach US Customs and Border Protection within 5 working days of arrival. If nothing is filed by day 15, the goods move to a general order warehouse and start collecting storage fees, and anything still unclaimed after 60 days is sold at public auction (US Customs and Border Protection, 2025). For a foreign brand that has never imported before, those deadlines are the first sign that someone in the US has to own the shipment.

That someone is the importer of record, and it can be your own company. This guide walks through how a foreign company imports cosmetics into the US: who can act as importer of record, the registrations you need first, how FDA reviews the shipment and what clearance costs, so stock reaches your cosmetic fulfillment warehouse without sitting at the port.

LAST UPDATED OCTOBER 14, 2026 · CHECKED AGAINST CBP, FDA, eCFR AND USITC SOURCES
THE SHORT ANSWER
A foreign company can import cosmetics into the US as its own importer of record. It needs a CBP importer number, a customs bond with a US surety, a resident agent in the state of the port of entry and, in practice, a licensed customs broker to file the entry. FDA reviews every commercial cosmetics entry before CBP releases the goods.

Key Takeaways for Importing Cosmetics Into the US

  • Commercial cosmetics need a formal entry, filed within 5 working days of arrival and backed by a customs bond.
  • A company with no US tax number gets a CBP-assigned importer number by filing CBP Form 5106.
  • A nonresident corporation must also name a resident agent in the state of the port of entry and use a bond with a US corporate surety.
  • FDA screens every cosmetics entry before release. Drug claims, unapproved colors and label errors are the usual reasons shipments are held.
  • Most cosmetics carry a base US duty of zero, but additional tariffs have changed several times since 2025, so confirm the rate for each shipment.

What Is an Importer of Record?

The importer of record is the person or company legally responsible for goods entering the US. It files or authorizes the customs entry, pays duties and fees and answers to CBP and FDA if anything about the shipment is wrong. CBP identifies it by an importer number: an IRS Employer Identification Number for US businesses or, for foreign companies without one, a Customs Assigned Importer Number requested on CBP Form 5106 (US Customs and Border Protection, 2025). A customs broker can file the paperwork, but the legal responsibility stays with the importer of record.

Importing Cosmetics to the USA Importer of Record Guide

Who Can Be the Importer of Record for Your Cosmetics

A foreign brand has four realistic options. The choice decides who carries the liability, who holds the paperwork and how much control you keep over your own stock.

OptionWhat it takesBest fit
Your own company as a nonresident importerForm 5106 number, resident agent, bond with a US surety, brokerBrands that want full control and plan regular shipments
A US subsidiaryUS entity, EIN, bond, brokerBrands committing to the US long term
A US distributor or retailerThe buyer imports; you sell to themWholesale deals, not direct-to-consumer
A third-party importer of record serviceA paid provider takes the legal roleTest shipments before setting up your own

For brands selling direct to US customers through Shopify, the first option is usually the cleanest, because the stock, the margin and the customer relationship all stay with you.

How to Import Cosmetics Into the US, Step by Step

The order matters. Most delays come from steps done after the goods have already sailed.

FROM FACTORY TO WAREHOUSE
What happens before, during and after the shipment
BEFORE BOOKING
Compliance and paperwork
Labels, claims, colors, importer number, resident agent and bond in place.
24 HOURS BEFORE LOADING
Security filing
For ocean freight, the Importer Security Filing reaches CBP before the cargo is loaded.
WITHIN 5 WORKING DAYS
Entry filed
Your broker files the entry with the invoice, bill of lading and bond.
AT RELEASE
FDA review, then delivery
FDA screens the entry; once released, the goods move to your warehouse.
Sources: US Customs and Border Protection, Importing Cosmetics (2025) and Importer Security Filing guidance. Timings for a typical ocean shipment.

Get compliant before you book freight

FDA can refuse a shipment at the border, and CBP will not release goods FDA has refused. Fix the product side first: your MoCRA registration and listing where they apply, and a label that meets every point on our cosmetic labeling requirements checklist.

Classify each product

Every product needs a Harmonized Tariff Schedule code. Most cosmetics fall in Chapter 33: heading 3304 covers makeup and skincare, including lip, eye and nail products, and heading 3305 covers hair products. The general duty rate for most of these lines is “Free” in the 2026 schedule (US International Trade Commission, 2026). Additional tariffs can still apply on top, which is covered below.

Get an importer number

If your company has no US tax number, file CBP Form 5106 to receive a Customs Assigned Importer Number. The governing rule is 19 CFR 24.5, and the number goes on every entry you file (US Customs and Border Protection, 2025).

Appoint a resident agent and buy a bond

A corporation not incorporated in the US may not enter goods unless it has a resident agent, authorized to accept legal papers, in the state of the port of entry. It must also file a CBP Form 301 bond with a resident corporate surety (Electronic Code of Federal Regulations, 2026). Bonds come as a single-entry bond for one shipment or a continuous bond covering a year of entries. Your broker sizes the bond to your expected duties.

can a foreign company be importer of record

Appoint a licensed customs broker

You can file entries yourself, but most foreign importers use a licensed US customs broker. You sign a power of attorney, and the broker files the security filing, the entry and the entry summary, and pays duties on your behalf.

File the security filing and the entry

For ocean freight, the Importer Security Filing must reach CBP at least 24 hours before the cargo is loaded onto the vessel, and late or inaccurate filings can cost $5,000 per violation (US Customs and Border Protection, 2025). After arrival, a formal entry with the entry summary, bill of lading and commercial invoice must be filed within 5 working days (US Customs and Border Protection, 2025).

Clear FDA review

Every commercial cosmetics entry is subject to FDA approval before CBP clears it. FDA screens the declared manufacturer, importer, product description and codes electronically, and accurate data lets most entries pass without manual review. FDA can also examine the goods, take samples and check that color additives requiring certification are certified (US Food and Drug Administration, 2026).

What It Costs to Clear a Cosmetics Shipment

Clearance costs come in three parts: duties, government fees and service fees. The government fees are fixed percentages, so they are easy to estimate.

ILLUSTRATIVE CLEARANCE COST
Government charges on a $40,000 ocean shipment of skincare
Base duty (HTS 3304.99.50)
$0
Merchandise processing fee (0.3464%)
$138.56
Harbor maintenance fee (0.125%)
$50.00
Not shown: any additional tariff for your country of origin, the bond premium and broker fees. These vary by shipment and provider, so get them quoted in writing.
Illustrative example. Fee rates from 19 CFR 24.23 and 24.24; the processing fee is also subject to an annual minimum and maximum. Duty rate from the 2026 Harmonized Tariff Schedule.

The variable to watch is additional tariffs. On February 20, 2026, the US Supreme Court ruled that the International Emergency Economic Powers Act does not authorize tariffs, and the tariffs imposed under it ended on February 24, 2026 (White and Case, 2026). Other tariffs have been introduced under different laws since then, and the rate for a given product and origin can change between booking and arrival (AEB, 2026). Ask your broker to confirm the full rate for each HTS code on the date of entry, and keep the confirmation with your records.

Why Cosmetics Get Held at the Border

Most holds trace back to a handful of causes, and all of them are cheaper to fix before shipping than after.

COMMON CAUSES OF HOLDS
What FDA and CBP look for at entry
CLAIMS
Drug claims
SPF, acne or other treatment claims make a cosmetic an unapproved drug.
INGREDIENTS
Unapproved colors
Color additives must be approved, and some batch certified, by FDA.
LABEL
Misbranding
Missing English statements, wrong units or a missing country of origin.
PAPERWORK
Inaccurate entry data
Wrong manufacturer, product codes or descriptions slow FDA screening.
Sources: US Food and Drug Administration, Importing Cosmetics (2026); US Customs and Border Protection, Importing Cosmetics (2025).

The scale is real. FDA refused 1,300 batches of imported cosmetics in 2024, and more than half of those refusals involved products whose claims made them unapproved drugs (ChemLinked, 2025). When FDA refuses entry, CBP will not release the goods until they are brought into compliance (US Customs and Border Protection, 2025), so a single wrong claim can hold up a whole shipment.

Why Shipping Parcels Direct No Longer Avoids Customs

Until August 29, 2025, many brands shipped individual orders to US customers under the $800 de minimis exemption, which let low-value parcels enter duty-free with minimal paperwork. That exemption has been suspended for all countries, and the suspension was continued on February 20, 2026 under a new legal basis (White and Case, 2026). Every parcel is now dutiable whatever its value, which is a large part of why brands are moving to bulk imports into a US warehouse instead.

are cosmetics subject to import duty in the us

How DSCP Smart Fulfillment Supports Your First US Import

Clearing the shipment is the importer of record’s job. Getting it from the port to your customers is ours. As a cosmetics fulfillment partner, DSCP Smart Fulfillment covers the US side once your goods are released:

  • Two ports, two warehouses: European shipments land through the Port of New York and New Jersey, a short drive from our east coast fulfillment center, and Australian or Asian shipments come through Los Angeles or Long Beach to our west coast 3PL warehouse.
  • Import support through partners: customs brokerage, importer of record services and regulatory advice come through our partner network, and we tell you which is which before you commit.
  • Receiving in 24 to 48 hours: each delivery is counted against your purchase order on the dock and given barcoded locations, so stock goes live fast.
  • Fast US delivery: 2 to 4 day ground delivery to about 80% of the US population, with same-day dispatch on orders released by 5 PM EST.

Plan Your First Shipment With Us

Tell us your products, origin country and expected US order volume. We will outline the route, the warehouse that fits and an itemized cost per order in writing before you book freight. Request your free landed-cost review.

Conclusion

Importing cosmetics into the US as a foreign company is a sequence, not a mystery. Get the product compliant, get a CBP importer number, appoint a resident agent, buy a bond, hire a broker, file on time and let FDA screen clean data. Each step is routine on its own; problems come from doing them out of order or after the goods have sailed.

Once the first container clears, every shipment after it follows the same path, and the work shifts to keeping stock moving. That is where a beauty 3PL with warehouses near both main entry ports earns its place.

This article is general information based on CBP, FDA and eCFR sources as of October 14, 2026. It is not legal, customs or tax advice. Tariff rates change often; confirm the rules and rates for your shipment with a licensed US customs broker.