A factory overseas will build what you asked for and ship it. What it will not do is make your product legal to sell in the United States. That sits entirely with you as the importer, and it is enforced at two separate points: at the border by US Customs and Border Protection, and in the market by the agency that regulates your product category. Getting one right and the other wrong is common and expensive — goods that clear customs cleanly can still be pulled from shelves, and goods that are perfectly compliant to sell can still be detained on arrival over a marking error.

Here is the stack a US importer of a physical product typically has to satisfy.

Who Is the Importer of Record

The importer of record is legally responsible for the entry: correct classification, correct valuation, duties paid, and compliance with every applicable federal regulation. It is usually your company, and must be a US entity with an IRS number or a CBP-assigned importer number. If you order on delivered terms, the supplier's forwarder may offer to act as importer of record — be careful, because that can leave you unable to prove entry or claim refunds while still liable in practice. Your own US entity plus a customs bond is the clean structure.

You will also need a customs broker to file the entry, advise on classification, and act as your interface with CBP. The fee is modest — commonly $100 to $250 per entry plus disbursements — and picking a good one is among the highest-return decisions a first-time importer makes.

Classification, Valuation, and Duty

Every imported article gets a ten-digit code in the Harmonized Tariff Schedule of the United States. That code sets the duty rate, drives whether extra tariffs apply, and determines which agencies see your entry. Classification is your legal responsibility even when the broker does the typing. If the category is ambiguous, request a binding ruling from CBP before you ship. Duty rates and the tariffs layered on top of them are covered in our article on US import duties and tariffs on products made in China.

Country-of-Origin Marking

Under 19 CFR Part 134, every imported article must be marked conspicuously, legibly, and permanently with the English name of its country of origin. "Made in China" molded into the housing, laser-etched, or on a durable label — not a sticker that peels off in the box. The marking has to survive normal handling to the point of sale; if the article cannot practically be marked, the container it is sold in must be. Failure carries a 10 percent marking duty plus the cost of re-marking under CBP supervision.

Origin is a legal determination, not an address. Where parts come from several countries, origin follows where substantial transformation occurred — our piece on importing parts and assembling in the USA explains when stateside assembly does and does not change origin, and why "Made in USA" claims are policed separately by the FTC.

FCC: Anything With a Radio or a Clock

The FCC regulates far more products than people expect. Any intentional radiator — Bluetooth, Wi-Fi, cellular, sub-GHz — needs Certification under Part 15 with accredited-lab testing, an FCC ID, and a Grantee Code. Unintentional radiators are also in scope: essentially any device with a digital circuit clocked above 9 kHz. Those take the Supplier's Declaration of Conformity route, still requiring Part 15 Subpart B testing and a US-based responsible party.

You cannot legally import or market an unauthorized radio device, and CBP does check. A pre-certified module is the standard shortcut, but its grant only carries over if you honor the integration conditions — antenna type, gain, placement, and labeling. Process, cost, and timeline are laid out in FCC certification for electronic products.

UL, ETL, and the Safety Listing Nobody Legally Requires

No federal law says a consumer electronic product must be UL Listed. In practice it may as well. Retailers will not stock unlisted powered goods, insurers price accordingly, and OSHA requires listed equipment in most workplaces. Any NRTL mark — UL, ETL, CSA — satisfies the expectation. Budget several months and typically $10,000 to $40,000 for a mains-powered product, plus recurring follow-up inspections at the overseas plant that importers forget to negotiate into the manufacturing agreement. See UL listing for a new electronic product.

CPSC: Certificates You Must Have at Entry

The Consumer Product Safety Commission covers most consumer goods. If your product is subject to any CPSC rule or ban, you must issue a General Certificate of Conformity based on a reasonable testing program. For a children's product — intended primarily for children 12 and under — you need a Children's Product Certificate backed by testing at a CPSC-accepted third-party lab, plus permanent tracking labels on product and packaging, with lead, phthalate, small-parts, and category rules all in play. The certificate must accompany the shipment. Details are in children's product development and CPSIA, and the broader landscape in product safety testing requirements.

FDA, Prop 65, FTC, and Batteries

  • FDA. Medical devices, radiation-emitting electronic products, food-contact articles, cosmetics, and dietary supplements all trigger FDA jurisdiction. Device importers generally need establishment registration, device listing, a US Agent for the foreign manufacturer, and clearance appropriate to the class. If you are unsure whether you are in scope, start with does your product need regulatory approval.
  • California Prop 65. Not federal, but effectively national. If your product can expose users to a listed chemical above the safe-harbor level, it needs a compliant warning naming the chemical. Enforcement is by private plaintiffs, and imports are a favorite target.
  • FTC labeling. Textiles need fiber content and an RN number; apparel needs care labeling; energy-using appliances need EnergyGuide labels. Any "Made in USA" claim must meet the FTC's all-or-virtually-all standard.
  • Lithium batteries. Cells and packs cannot ship at all without UN 38.3 test reports and a test summary, plus correct packing, marking, and state-of-charge limits for air freight. Get the report before the goods are booked — see UN 38.3 testing.

Build the Compliance File Before the PO

The pattern that works: decide the HTS code, marking method, and every applicable agency requirement during design, write each into the manufacturing specification, and make the factory produce the test reports and certificates as a condition of the balance payment. Compliance discovered at the port is compliance paid for twice.

Projects House takes US clients through this chain — classification and marking strategy, FCC and NRTL test planning, CPSC certificates, and the factory documentation behind them. If your product is built overseas and you want the US side handled properly, reach out through our contact form.