Importing drones into the United States: Critical CBP requires you

author:
Jennifer Diaz, President of Diaz Trade Law
Jonathan Rupprecht, aviation lawyer for Rupprecht

Importing goods to the United States requires browsing a network of regulations across 47 federal agencies. If you are a record importer, it is your responsibility to exercise “reasonable care” when performing these obligations. As part of this responsibility, importers must take sufficient steps to correctly classify and determine the value of imported goods, provide information to the CBP to properly evaluate responsibilities and determine whether other applicable legal standards and requirements are met.

Importers need to be aware of some requirements when importing drones to the United States, including classification, intellectual property, additional responsibilities, and changing U.S. trade policy.

Classification

When importing goods to the United States, importers must correctly classify their products. The United States’ unified tariff schedule (HTSUS) is the primary resource for sorting goods and determining which tariffs apply.

HTSUS is issued annually by the International Trade Commission (ITC). It consists of a 10-bit import classification system specific to the United States. The 10-digit code covers the World Customs Organization (WCO) six-digit unified classification system, which is shared in more than 200 countries.

The format of HTSU is to list the first 6 digits specified by WCO, also known as titles and subtitles, as well as the last four digits assigned by ITC.

Until 2022, HTSU lacks a classification for unmanned aircraft systems (UAS). Importers must classify according to the code applicable to the aircraft system of the crew. In December 2021, President Biden released an announcement that adopted 11 new HTSUS codes. The importer is responsible for correctly identifying which of these codes are suitable for their products.

Penalties for incorrect classification can be serious – CBP may be sentenced for negligence, negligence or fraud – depending on the extent of the crime of the CBP, the CBP believes the importer was suffered when it fails to comply.

intellectual property

Importers need to be alert to intellectual property (IP) issues when dealing with our customs. CBP actively enforces IP rights at the border and can seize counterfeit and infringing goods to protect trademarks and copyright holders. Importing products that violate these rights, whether intentionally or unconsciously, can lead to expensive seizures, fines and legal complications. To avoid these risks, importers should ensure that their goods comply with IP regulations, verify the authenticity of their suppliers, and be aware of any trademarks or copyrights that may affect their goods.

If you are the trademark owner, you can use CBP’s electronic renewal program to ensure your goods are protected from infringement. The program allows trademark and copyright holders to obtain border execution of their IP rights. CBP will look for infringing goods and detain, seize, confiscate or destroy them.

Responsibilities and country of origin

When importers bring goods into the United States, they must accurately determine and declare the country of origin affecting tax rates and be eligible for preferential trade plans, trade sanctions and import quotas. Incorrect or misleading statements can result in fines, delays in shipment, and even seizures of goods by U.S. Customs. To avoid these risks, importers should carefully review the manufacturing process, supply chain and applicable rules of origin to ensure that their statements are accurate and accurate.

The importer is ultimately responsible for the calculation and payment responsibilities. Correct responsibilities are not always an easy process and may require expert help. For example, unmanned aircraft systems (UAS) from China are not only subject to standard import duties, but also comply with the Section 301 tax of 25%. Section 301 refers to the Trade Act part, which allows the U.S. Trade Representative to impose restrictions or tariffs on unfair trade practices.

Some lawmakers have called for higher responsibilities for China’s imported drones.

Bureau of Industry and Safety (BIS) of the Ministry of Industry and Commerce

On January 3, 2025, the Bureau of Industry and Safety (BIS) issued a high-level notice on the formulation of proposed rules, requiring the public to comment on issues related to transactions involving China and other foreign drones. It noted: “Once the president declares a national emergency (International Emergency Economic Powers Act), IEPA (IEPA) enter or export or trade or exercise any right, power or privilege involved or transaction, any person or its country’s property has any interest in any person or any property, or is affected by U.S. jurisdiction in any property. ” (emphasis). Although this is only a high-level notice of the proposed regulations, it does give us an idea of ​​the trajectory of future drone import issues.

Forced labor

Forced labour is the third largest profit illegal trade after drugs and weapons, with an annual trade value of about $150 billion. Currently, more than 40 million people around the world are victims of some kind of forced labor, including modern slavery, human trafficking, child labour, etc.

Article 307 of the Tariff Act 1930 (1307, 1930) prohibits the import of all goods and goods and is exploited, produced or partially manufactured abroad by forced labour, convicted labour and/or forced labour and/or contractual labour in criminal sanctions including forced child labour.

U.S. Customs and Border Protection (CBP) is the only government agency in the United States and one of the few in the world, with legal authority to adopt goods produced against forced labor to prevent goods entering domestic commerce. On June 21, 2022, the Uyghur Forced Labor Prevention Act (UFLPA) was enacted to further strengthen the United States’ ban on imports of forced labor. The UFLPA establishes a rebuttal presumption that goods manufactured entirely or partially in the Xinjiang Uyghur Autonomous Region of China or from a list of entities on the UFLPA entity are prohibited from importing to the United States 19USC §1307.

In many ways, UFLPA Intensify Compared with its predecessor/parallel law enforcement system, forced labor adheres to the standards, scheduled release orders. However, if the importer is recorded, it can be proved Clear and convincing The evidence suggests that the goods involved are not produced entirely or by forced labour, and the CBP specialist may provide exceptions to the presumption.

From raw materials to finished products, under what working conditions, from raw materials to finished products, is the responsibility for how to make their products.

The CBP clearly states that they will continue to prioritize forced labor law enforcement and have in the past cited the concerns of forced labor for the purposes of some Chinese drone manufacturers.

Bottom line: Exercise reasonable care and seek help from experts

Exercising reasonable care during the import process is not only a best practice, but also requires ensuring compliance with U.S. customs regulations. The complexity of customs law from proper classification and valuation to considerations in the country of origin and intellectual property rights can be challenging. Working with experienced customs experts can provide valuable guidance to help importers fulfill their obligations, simplify operations and protect their business. This is crucial, so you won’t hang up drone shipments in customs. Some of these headaches can be prevented with proper due diligence.

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