Persons Who Can Enter Merchandise

Only certain persons may enter goods. The term “person” in this context means businesses as well as individuals. The entry law, codified at 19 U.S.C. § 1484, limits the right to make entry to the “owner or purchaser” of imported merchandise, or to a licensed “customs broker” who has been appointed by the owner, purchaser, or consignee of the merchandise. Licensed customs brokers are easy to identify, because they are individuals or businesses that have been issued a customs brokers license by CBP.

It is frequently more difficult to determine who qualifies as an owner or purchaser of imported merchandise for “right to make entry” purposes. As a general rule, an owner or purchaser is someone with a financial interest in the transaction.

“Financial Interest” in Imported Merchandise

Examples of persons with a financial interest in imported merchandise include:

• The actual owner or purchaser of the goods.
• A buying or selling agent.
• A person who imports on consignmen.
• A person who imports under loan or lease.
• A person who imports for exhibition at a trade fair.
• A person who imports goods for repair or alteration or further fabrication.

Persons who have no other right, title, or interest in the goods except as possessed under a bill of lading, air waybill, or other shipping document do not have a sufficient financial interest to make entry. Such persons, known as “nominal consignees”, typically include freight forwarders, freight consolidators, and express consignment operators. Although nominal consignees may not make entry, their status as consignees confers on them the right to appoint brokers to serve in that capacity.

Declaration Of Ultimate Consignee

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