Compliant Always
Get in touch

Exporting consumer products from the US

The FDA does not require export certificates, though meat needs one from FSIS; importing countries ask for them, and the FDA, USDA and TTB issue them. Goods made only for export can step outside some US product rules on conditions. Most shipments need Electronic Export Information in the AES, and the Export Administration Regulations apply.

Updated · Each section links to the official source it comes from

Food, supplements and cosmetics certificates
FDA, through eCATS
Meat, dairy and animal products
USDA: FSIS, AMS and APHIS
Alcohol
TTB, under 27 CFR Part 28
Export declaration
EEI in the AES (15 CFR Part 30)
Export controls
BIS, the Export Administration Regulations
Records
Five years from export for EEI documents

By product

What each kind of product needs to leave the US.

Before the goods leave

The questions to answer, in the order they usually come up.

  1. 1Which certificate does the destination ask for, and which US agency issues it? Read more
  2. 2Is the product made only for export, outside US product rules? Read more
  3. 3Does the shipment need EEI, and who files it? Read more
  4. 4Does the item, buyer or destination call for an export licence? Read more
  5. 5Will a buyer in Canada or Mexico rely on a USMCA certification of origin? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Export certificates

Certificates US agencies issue when a buyer or foreign government asks for them.

  • The FDA does not require export certificates for food or cosmetics; the exporter is responsible for meeting the importing country's laws.
  • Meat products are the exception: FSIS issues one certificate per consignment, and no carrier may take the products abroad without it (9 CFR 322.2 and 322.4).
  • The FDA issues the Certificate to a Foreign Government and the Certificate of Exportability for foods, food additives, food contact substances and infant formula, a Certificate of Free Sale for dietary supplements, and a certificate for cosmetics.
  • Some destinations accept food only from establishments on lists the FDA sends them through its Export Listing Module.
  • FSIS certifies inspected meat products, the AMS Dairy Grading Branch dairy, NOAA seafood for China and the EU, and APHIS endorses export health certificates for animal products.
  • TTB provides export documents for alcohol such as a certificate of origin, a certificate of free sale and the EU wine certificate.

How we help: Compliant Always keeps each certificate with the shipment and lot it covers, dated, shows what is missing or expiring before a shipment, and reads it against what the destination asks for. Ask about this

Goods made only for export

Rules that let goods made to a foreign buyer's order leave the US without meeting US product rules, on conditions.

  • Food and cosmetics intended for export are not deemed adulterated or misbranded if they meet the foreign purchaser's specifications, do not conflict with the destination's laws, are labelled for export on the shipping package and are not sold in the US (FD&C Act 801(e)(1)).
  • Exporters under section 801(e)(1) keep records showing each condition; for food and cosmetics, for 3 years after exportation (21 CFR 1.101).
  • The Consumer Product Safety Act does not apply to products made and labelled for export unless distributed in the US, and the Flammable Fabrics Act does not apply to goods labelled and exported as intended for export.
  • Consumer products that fail a CPSC rule, misbranded or banned hazardous substances, and goods failing a flammability standard are exported only after notice to the CPSC at least 30 days ahead (16 CFR Part 1019).

How we help: Compliant Always keeps the buyer's specification, the export labelling and any CPSC notice with each lot, dated, ready when an agency asks. Ask about this

Export declaration: EEI in the AES

Electronic Export Information filed in the Automated Export System, the export component of ACE, before the goods leave.

  • The EEI is filed through the AES by the US principal party in interest (USPPI), its authorised agent, or the authorised US agent of the foreign principal party in interest, for exports of physical goods, including orders received over the internet (15 CFR 30.2).
  • No EEI is needed where the value under one Schedule B or HTSUSA number, from one USPPI to one consignee on one conveyance, is $2,500 or less, unless a licence is required (15 CFR 30.37(a)).
  • Shipments to Canada are exempt, except goods stored in Canada for a third country or moving through Canada to one (15 CFR 30.36).
  • Filed before departure: 24 hours before loading for vessel cargo, 2 hours before departure for air cargo, 1 hour before a truck reaches the border (15 CFR 30.4).
  • Each line carries a 10-digit Schedule B or HTSUSA number and, where it applies, the ECCN or EAR99 (15 CFR 30.6).
  • Parties to the export keep its documents for five years from the date of export (15 CFR 30.10).

How we help: Compliant Always keeps the invoices, classifications and certificates behind each declaration with the shipment and lot, dated, and answers importers' questions from that record. Ask about this

Export controls: EAR99 and the general prohibitions

Whether the Export Administration Regulations call for a licence, which for most consumer goods turns on the destination and the buyer.

  • Items in the United States and US-origin items wherever located are subject to the EAR (15 CFR 734.3).
  • Items subject to the EAR but not listed on the Commerce Control List are designated EAR99 (15 CFR 734.3(c)).
  • BIS: EAR99 items do not need a licence in most situations, but may if destined for a prohibited or restricted end user, end use or destination of concern.
  • Denial orders, prohibited end uses and end users, and embargoed destinations such as Cuba, Iran, North Korea and Syria apply to EAR99 items too (15 CFR 732.3).
  • Encryption items have their own controls; most may be exported under License Exception ENC, and items meeting the mass market note are classified 5A992 or 5D992 (15 CFR 742.15).

How we help: Compliant Always keeps each product's export classification with its record, dated, and shows where one is missing before a shipment. Ask about this

Certificates of origin under USMCA

What a US exporter or producer takes on when it certifies the origin of goods going to Canada or Mexico.

  • An exporter or producer that completes a certification of origin for goods exported to Canada or Mexico gives CBP a copy on request, and corrects it in writing with each recipient and CBP if it proves wrong.
  • It keeps the records on the goods' origin, materials and production for at least five years after completing the certification (19 CFR 182.21).
  • CBP may not require an exporter or producer to complete a certification of origin (19 CFR 182.12(f)(2)).

How we help: Compliant Always keeps each certification of origin with the records behind it, dated, and answers importers' questions from that record. Ask about this

Who answers for what

WhoWhat they answer forHow we help
Exporter (USPPI)Meeting the destination's laws, certificate applications, export-only records and the EEI.Certificates, records and declarations kept with each shipment, dated.
Manufacturer or producerEstablishment listings, inspections and the product facts behind certificates and classifications.Inspection reports, labels and test reports kept with each lot.
Freight forwarder or customs brokerFiling EEI as the authorised agent on written authorisation.The commercial documents behind the filing, in one record.
Certifying authorityThe FDA, USDA (FSIS, AMS, APHIS), NOAA, TTB and the CPSC, by product.Each certificate read against what the destination asks for.

Federal and state

Federal agencies issue most export certificates and set the export declaration and export controls.

States can add their own: TTB refers alcohol exporters to state alcohol control boards, and some states, such as California, New Jersey and Texas, issue cosmetic export certificates.

Where are the goods going?

Most of what products have to meet is set where they are sold. Each guide sets out the rules on arrival, with the official source for each.

Questions businesses ask

Does the US require an export certificate?
Not for FDA-regulated food or cosmetics: the FDA does not require exporters to obtain export certificates. Meat products need an FSIS export certificate before a carrier takes them abroad. Importing countries often ask for certificates, and US agencies issue them on request.
Which US agency issues export certificates for food and supplements?
The FDA, through eCATS: the Certificate to a Foreign Government and the Certificate of Exportability for foods, and the Certificate of Free Sale for dietary supplements. FSIS, AMS and NOAA certify meat, dairy and some seafood.
Which agency issues export certificates for cosmetics?
The FDA issues a certificate for US-made products whose intended use is solely cosmetic. Some states and trade associations also issue certificates that foreign governments may accept.
Who handles exports of alcohol from the US?
TTB. Producers can remove alcohol for export without payment of federal excise tax, taxpaid spirits and wine can earn drawback, and TTB provides certificates of origin and free sale.
What is EEI and when is it required?
Electronic Export Information, filed in the AES by the USPPI or its agent for exports of physical goods. It is not needed for $2,500 or less under one Schedule B number to one consignee, or most shipments to Canada, unless a licence is required.
Do consumer goods need an export licence from the US?
Items not on the Commerce Control List are EAR99 and need no licence in most situations. A licence may be needed for a listed item, a restricted end user or end use, or an embargoed destination.
Can I export products that do not meet US rules?
Often, on conditions. Food and cosmetics made to a foreign buyer's order can be exported under FD&C Act 801(e)(1). Consumer products failing a CPSC rule need 30 days' notice to the CPSC.
How long are export records kept?
Five years from the date of export for documents behind EEI (15 CFR 30.10); 3 years for food and cosmetics exported under section 801(e)(1); at least five years for USMCA origin records.
How does Compliant Always help with exporting from the US?
Our team reads the rules for the routes you ship. Compliant Always shows which export documents apply to your product, keeps them with the shipment beside what the destination asks for, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in the US and what your paperwork needs to show.

Get in touch

No card, no account, and no call to book. Tell us what you make and where you sell it, and we will come back to you.

Get in touch