CBP requires foreign importers of record to join CTPAT or use validated brokers

U.S. Customs and Border Protection published an interim final rule on Friday, November 6 that will tighten the conditions under which foreign importers of record can bring goods into the United States, requiring them in most cases to be validated members of the agency’s CTPAT program or to use a licensed customs broker that has that validation.

The rule takes effect on January 5, 2027, the same date by which public comments are due. It was published in the Federal Register as a rule that becomes effective before the comment process ends, giving importers, brokers and trade groups less than two months to prepare for the first phase of the changes.

Under the rule, a foreign importer of record that wants to enter goods for consumption on its own behalf, whether through a formal or certain informal entry, must be a validated participant in Customs Trade Partnership Against Terrorism, known as CTPAT. If the foreign importer is not CTPAT validated, CBP said the only path to secure the entry and release of the goods will be to designate a licensed customs broker that is CTPAT validated to make the entry on its behalf.

CBP said the new requirements will apply not only to formal entries but also to informal entries for consumption when a CBP Form 3461 or 7501 must be filed. The agency said foreign parties that are not validated importers of record must designate a licensed customs broker that participates in CTPAT, and that broker must act as the importer of record if the foreign party is not the owner or purchaser of the merchandise being entered.

The agency said it is making the change because foreign importers of record are harder to police when their people, records and assets are mainly outside the United States. In the rule, CBP said that creates problems in collecting unpaid duties and taxes and in enforcing customs and trade laws tied to forced labor, rules of origin, country-of-origin marking, intellectual property, product safety and the entry of illicit or dangerous goods. The rule also says foreign importers of record often use arrangements that can obscure key information about themselves, the goods or production process, or help avoid the full payment of duties.

CBP said it is using the CTPAT system because validated participants have already gone through agency review, have met minimum security criteria and have a known compliance history. According to the rule, that gives the government greater visibility into a foreign importer’s corporate structure and supply chain and increases accountability when enforcement problems arise.

The move is tied to Executive Order 14411, Strengthening Customs Enforcement, which President Donald Trump signed on June 3, 2026. CBP said the rule is consistent with Section 2 of that order and with its legal authority under 19 U.S.C. 1484 and 1498. The agency described the regulation as part of a broader effort to close customs enforcement gaps, improve revenue collection and put foreign importers of record under standards closer to those already applied to U.S. importers of record.

Still, the rule stops short of a full immediate ban on foreign importers of record using informal entry procedures. CBP said the executive order called on it to prohibit that practice, but in this rulemaking the agency decided not to bar informal entry when the foreign importer is CTPAT validated or when it uses a CTPAT-validated licensed broker. CBP said it will monitor those informal entries after the rule takes effect and could later move to fully prohibit foreign importers of record from using informal entry for goods entered for consumption if it finds risks to revenue, national security or public health and safety.

The regulation also expands the responsibilities of customs brokers and adds compliance consequences for both brokers and foreign importers of record that do not meet the new requirements. The amendments affect multiple parts of the customs regulations, including those covering importers of record, customs brokers, entry of merchandise, the entry process and fines, penalties and forfeitures.

Licensed customs brokers are being given a separate timetable for one part of the rule. Brokers may apply for delayed compliance with changes in 19 CFR 111.29 before January 5, 2027, but CBP said all customs brokers must be in full compliance no later than May 6, 2027. The rule also references a delayed compliance request form for brokers, indicating that the agency expects some firms will need more time to adjust internal systems and client screening procedures.

The change could have practical consequences across consumer goods sectors that rely on overseas suppliers, including beverage imports. In wine, beer and spirits trade, some import structures use foreign producers or offshore affiliates as the party responsible for customs entry while a broker handles the filing in the United States. Those arrangements may now need review to determine whether the foreign entity can continue serving as the importer of record and whether the customs broker on the file has CTPAT validation before the January 5 start date.

That could be especially important for smaller foreign wineries, breweries and distillers that sell into the U.S. market without a large U.S. operating presence. If they are not CTPAT validated, they may need to rely on a validated broker and, depending on the transaction, may need to change which entity is listed as the importer of record. Larger companies may also have to revisit compliance controls, broker contracts and supply-chain documentation because CBP is explicitly tying the new framework to greater visibility into importers and their goods.

The rule was published under docket number USCBP-2026-1387, and comments are to be filed through Regulations.gov. CBP said comments submitted there will be posted without change, including any personal information included in the filing. As of the Federal Register posting, the agency had already received several comments.

For importers, brokers and trade advisers, the new rule signals that CBP is shifting foreign importer oversight away from a model based mainly on declarations and post-entry enforcement and toward one that conditions access to U.S. entry processes on prior validation through the trusted trader system or the use of a broker that has already been vetted by the agency.