Exporting to the USA: What you need to consider
Exporting goods to the USA is an attractive way for many companies to expand their markets.
The US market offers numerous opportunities, but requires a deep understanding of the legal and logistical conditions.
The USA is Germany's second largest trading partner after China and therefore offers significant potential for German exporters.
However, the legal, safety and cultural particularities should not be underestimated.
Preparation and market analysis
Before a company starts exporting to the USA, a thorough market analysis is necessary. It is important to identify sectors and products that are particularly in demand in the USA.
A comprehensive target group analysis helps to better understand consumer behaviour and purchasing decisions.
It is equally important to analyse the competition in order to identify potential competitors and their market shares.
German companies should therefore take a close look at market conditions and the economic situation in the relevant US state. Studies and market reports can provide valuable insights.
Exporting to the USA: customs regulations and legal framework conditions
Legal basis for export
Exports to the USA are subject to strict legal requirements. These are based on international agreements such as the WTO (World Trade Organisation) and WCO (World Customs Organisation) as well as European customs law.
These regulations apply to all third countries and also include the USA.
In addition, national US regulations must be observed, which are often stricter than in the EU.
Customs and import regulations
The customs regulations for the USA include detailed regulations on customs tariffs and fees, which are set out in the Harmonised Tariff Schedule of the United States (HTSUS).
Differences between WTO and USMCA tariffs must be taken into account here.
The customs duties depend on the product group to which your products belong. Some goods are duty-free, while others are subject to high rates of duty. It is important to identify the specific customs tariff numbers (HS codes).
The essential points of customs and import regulations:
- Different tariffs depending on product group
- Compliance with WTO and USMCA regulations
- Identification of the correct customs tariff numbers (HS codes)
Product safety and labelling regulations
Product safety and labelling regulations of the US authorities such as the FDA (Food and Drug Administration) and CPSC (Consumer Product Safety Commission) must be observed.
These regulations include requirements for product labelling and safety standards.
If a product violates these regulations, there is not only a risk of high fines, but also of product recalls.
Special import regulations
Special import regulations and customs controls ensure that all regulations are complied with. This can also include inspections by US customs officials in European harbours.
Product groups such as food, pharmaceuticals and cosmetics are often subject to even stricter regulations and require additional authorisations or registrations.
Export processing and documents
Important export documents
Numerous documents are required for a smooth export to the USA.
Commercial invoices, certificates of origin and bills of lading are essential here.
Binding customs information and BTI decisions help to determine the correct customs tariff number. These documents must be completed carefully and correctly to avoid delays.
Note: Binding tariff information (BTI decision) provides legal certainty for imports and exports. The Community Customs Tariff contains legal requirements, duty rates and required documentation. Authorised persons can apply to the customs authorities for a BTI in order to determine the tariff classification of a product. This enables a precise calculation of the costs and expenses in advance.
Important documents at a glance:
- Commercial invoice
- Certificate of origin
- Waybill
- Customs information
- BTI authorisation numbers
Declaration and customs clearance
It is essential to declare the goods and submit the necessary documents to German and US customs authorities.
Import clearance begins with the declaration of the goods, which must include all relevant details such as customs tariff number, goods description and country of origin. These documents are checked and authorised by the customs authorities.
Invoicing requirements
Correct invoicing is also important and must contain specific details to avoid delays.
This includes the full addresses of the seller and buyer, detailed descriptions of the goods, invoice date and number as well as information on prices and currencies. This is particularly relevant when using Incoterms such as DAP (Delivery at Place).
Customs guarantee and customs bond
In order to secure the import into the USA, it is necessary to apply for a customs bond.
This guarantee secures the payment of import duties and is arranged in co-operation with a bond company.
The customs guarantee is an essential element in ensuring that goods are released quickly and smoothly.
Logistics and transport
Transport types and routes
The choice of a suitable mode of transport is a decisive factor when exporting to the USA.
Both air and sea freight offer different advantages and disadvantages.
Air freight is faster but more expensive, while sea freight is cheaper but more time-consuming. It is important to make the right choice depending on urgency and budget.
Packaging and storage
In addition to transport, packaging and storage are also very important to ensure that the goods reach their destination safely.
Good packaging protects the goods from damage and loss during transport.
In addition, export goods should be stored in suitable storage facilities in order to maintain their quality.
Note: Careful packaging and safe storage are crucial for successful export.
Incoterms and shipping conditions
The use of Incoterms helps to define clear shipping and delivery terms.
Incoterms regulate the obligations, costs and risks between seller and buyer.
Popular Incoterms for exports to the USA include FOB (Free on Board) and CIF (Cost, Insurance, and Freight).
Cooperation with customs agents and service providers
Selection of a customs agent
Given the large number of regulations and documents, it is advisable to work with a customs agent. They have the necessary expertise and can take on many tasks.
An experienced customs broker knows the special requirements and can support the exporter in complying with all regulations.
Communication and collaboration
Precise communication and clear agreements with the customs agent and the freight forwarder are essential.
It should be ensured that all relevant information is provided completely and correctly in order to avoid misunderstandings and delays.
Costs and services
The costs for customs brokers vary and depend on the size of the customs agency and the complexity of the services. The fees can range from 60 to 250 dollars. It is advisable to clearly define and agree the services and costs in advance.
Payment and financing
Payment methods and conditions
The financial aspects of exporting to the USA must also be taken into account.
Various payment methods are common in US trade, such as letters of credit and documentary collections.
Credit terms and payment deadlines should be contractually agreed to ensure security for both parties.
Risk management
Protection against payment defaults and currency risks is another important aspect.
Export credit insurance offers protection against financial losses, while currency hedging helps to minimise exchange rate risks.
Financing options
There are also various funding programmes and financing instruments available that can support exports. These should be carefully examined and utilised in order to avoid financial bottlenecks.
Marketing and sales
Market entry strategies
Successful marketing and sales strategies are essential for entering the US market.
Direct sales and the use of distributors as well as marketing tailored to the US market are crucial here. Thorough market research helps to identify the best distribution channels.
Marketing strategies
Adapting your marketing activities to the US market is crucial to reach potential customers. This includes digital marketing strategies, social media marketing and e-commerce.
A strong online presence and targeted advertising campaigns can facilitate market entry.
Customer service and aftercare
Good customer service and effective CRM systems help to build long-term customer relationships.
Customer satisfaction and loyalty are key to sustainable success in the US market.
Local customer service can significantly improve communication and problem solving.
Cultural differences and business practices
Business culture in the USA
Understanding the US business culture is essential for success.
Differences in business etiquette, communication styles and negotiation strategies must be taken into account.
Punctuality, professionalism and clear, direct communication are particularly important in business life in the USA.
Intercultural challenges
Intercultural challenges can arise that need to be overcome in order to ensure successful cooperation.
Sensitivity to cultural differences and openness to different ways of working are important prerequisites for a successful business relationship.
Note: Cultural sensitivity and clear communication are crucial for successful business relationships.
Digital options and small consignments
Digital tools and systems
Digital tools such as the ACE system facilitate the processing of imports and offer transparency.
The system enables efficient management and monitoring of imports and increases the efficiency of customs clearance.
Small consignments and de minimis regulation
Small shipments up to a value of 800 US dollars can be imported duty and tax free, which simplifies the process.
However, this does not apply to goods that are subject to anti-dumping or countervailing duties.
Compliance with the de minimis rule can significantly reduce import costs.
Export to the USA - what should be considered: Special import provisions and regulations
Specific requirements for different product groups
Specific requirements for different product groups such as food, textiles and medical devices require special attention.
These products are often subject to additional regulations and must meet certain quality and safety standards.
Authorities involved and their requirements
The regulations of various US authorities such as the EPA (Environmental Protection Agency), NHTSA (National Highway Traffic Safety Administration) and FDA (Food and Drug Administration) must also be taken into account. These authorities have their own requirements that must be met.
Successful export to the USA
Exporting to the USA offers many opportunities, but requires careful preparation and compliance with numerous regulations.
Cooperation with experienced service providers and a thorough market analysis are decisive success factors.
Companies should inform themselves comprehensively and take into account the specific requirements of the US market in order to be successful.
Dörrenhaus offers comprehensive support in all aspects of exporting to the USA.
Our experts are on hand with help and advice to make your export projects a success.
We take over the complete handling of your logistics projects and ensure that all rules and regulations are complied with.
Contact us for customised solutions and individual advice.
FAQ
What documents are required for export to the USA?
Various documents are required for exports to the USA, including commercial invoices, certificates of origin and bills of lading.
These documents must be filled out correctly and completely in order to avoid delays during import.
How high are the customs duties for exports to the USA?
The amount of customs duties for exports to the USA depends on the product group in which the product is categorised. Some goods are duty-free, while others may be subject to high rates of duty. Information on the specific duty rates can be found in the Harmonised Tariff Schedule of the United States (HTSUS).
What role do customs agents play when importing into the USA?
Customs brokers play an important role in importing goods into the USA. They have the necessary expertise and experience to ensure that import processing is efficient and compliant. This includes providing and checking all the necessary documents and communicating with the customs authorities.
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