Importing into the U.S. involves a long list of tasks and careful considerations. There’s no worse scenario than thinking you’ve dotted all your Is and crossed all your Ts, only to realize you overlooked a PGA regulation and your shipment cannot get through Customs.
Before importing goods into the U.S., it’s vital to know whether they fall under the purview of any U.S. government agencies that maintain regulatory responsibilities over imports and exports. These agencies can place a hold on your shipment if they have reason to believe it isn’t compliant with their regulations. Monetary penalties, increased inspections, and cargo delays can arise as a result.
A PGA (Partner Government Agency) is a division of the federal government that regulates specific products imported into the U.S., along with Customs. Once known as OGA (other government agencies), the term describes government regulatory agencies that assist Customs in evaluating imported goods. Approximately 50 PGAs are regulating specific products entering the U.S. Some notable PGAs include:
The agency’s overall goal determines the goods regulated by each PGA. For instance, the USDA regulates meat products, and the FDA regulates food and drug manufacturing, storage, shipping, and Customs clearance of food and drugs. APHIS examines goods that might bring in pests and the DOC checks for antidumping and countervailing.
The products regulated by PGAs may require permits or additional information upon entry. Each PGA maintains an import/export guide to inform you of these requirements. Customs verifies the acquisition of required permits and documentation on behalf of each PGA.
Importers must research commodities for PGA requirements before ordering goods from foreign suppliers and should know which ones fall under multiple PGAs.
Remember, PGA requirements are based on commodities, not Harmonized Tariff Schedules (HTS) numbers. Many PGAs offer guidance by flagging HTS numbers whenever a commodity classified under a specific HTS falls under their jurisdiction.
Though this is not an exhaustive list, there are some key PGA players you should know.
Dangerous chemicals, food, medications, and anything else that could potentially harm the health of individuals or large populations.
Agricultural products and live organisms.
Shipments of firearms and works to prevent drug trafficking.
The environment and endangered or invasive species.
Printing, collecting, and managing currency. It collects taxes on shipments entering the U.S. and ensures shippers properly value their goods.
Three independent agencies also regulate imports. These agencies do not belong to a larger department, but they possess the same authority as those that do.
Consumer products to ensure they do not pose an unreasonable risk of harm to consumers. Products under their purview include those that may spontaneously ignite, experience electrical or mechanical failure, expose users to chemicals, or products with super sharp edges or dangerous moving parts.
Import and safe transport of products that could harm the environment, including ozone-depleting substances, pesticides, herbicides, toxic waste, dangerous chemicals, motor vehicle emissions standards, non-road engine emissions standards, and fuels. The EPA often requires permits for these products.
Besides having a working knowledge of PGAs and their requirements, it’s also a good idea to partner with a Customs broker who can ensure you comply with all applicable PGA laws pertaining to your products and help secure the proper permits and documentation for your goods.
Knowing which PGA regulates your goods before shipping can eliminate costly headaches later. Working with the right agency, securing the proper permits, and preparing the correct documentation can prevent monetary penalties, increased inspections, and cargo delays.