Importing into the US, duty & MPF — what should I check first?

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Answer

Classification determines the duty rate, valuation determines the base, and the importer of record carries the liability. One question decides whether this is a filing or a project.

What to check first

Classification determines the duty rate, valuation determines the base, and the importer of record carries the liability. Retroactive transfer-pricing adjustments can require customs corrections, which is why the two are coordinated.

The team reviewing a file together at a desk

When the rule breaks

US import charges include duty plus processing fees, all assessed on a declared customs value that has to be consistent with the transfer price used for income tax.

Importing into the US, duty & MPF — what should I check first?
ItemAmount
Total salesC$672,000
Markets sold into9
Sales in the largest marketC$201,600
Assumed registration test thereC$68,000
Registration required in that market?Yes

One market crosses its own test, so registration and collection start there on the trigger date — and the other 8 markets are tested separately, on their own rules. Registering in one does nothing for the next.

These amounts illustrate the mechanism only. The rates and thresholds are assumptions of the example, not your numbers: each is checked against the issuing authority for your specific tax year before any return is filed.

Where to go from here

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Importing into the US — duty & MPF. If a letter prompted this, bring the letter — it usually contains the answer to half the questions.

Reviewed against current guidance for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Written as general guidance, not as a recommendation for your situation. Talk it through with us before acting on it.

US international tax, in practice

Readers arrive here searching for US international tax, and importing into the US is what the page is about. Below: who it catches, what has to be filed, and what it costs — quoted in writing, before anything is done.

Cross-border tax case studies

Case study 1

Aligning declared customs value with the intercompany price on file

A group US arm imported from its overseas manufacturing entity, and the value declared on entry had been set up long before and never revisited. The income tax transfer pricing file described a different basis. We compared the two line by line for the product lines that mattered, established which was supportable, and rebuilt the declared value on that basis with the additions and exclusions documented. The engagement produced one basis used for both purposes, a working paper explaining it, and a list of entries where the historical difference had to be disclosed and corrected.

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Case study 2

A year end adjustment mapped back to individual customs entries

This group booked an annual transfer pricing adjustment across its intercompany goods account and had never connected it to the border. A retroactive change to the price of imported goods can require customs corrections, and the entries it related to spanned several product lines and a great many shipments. We built the allocation from the shipment data before the adjustment was posted, so the movement could be traced to entries rather than to a single journal. The engagement produced a filed correction supported by that allocation, and a calendar that puts the customs step and the accounting step in the same month.

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Case study 3

A documented classification position taken for a disputed product line

Different suppliers to this importer were declaring similar goods under different codes, and nobody in the business could say which was right or why either had been chosen. Classification determines the rate, and the importer of record carried the exposure for both. We examined the goods as they are actually built and used, set out the competing codes with the reasoning for and against each, and settled on a position. The engagement produced a written classification file per product line, consistent instructions to both brokers, and a quantification of the period declared on the code that was not kept.

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Case study 4

Importer of record moved during a group restructure

A reorganisation changed which entity bought and which entity sold, and the customs arrangements had not moved with it: entries were still being filed in the name of a company that no longer took title. We traced title and payment flows for each route, identified which entity ought to be named, and put the registrations and broker mandates in place before the change took effect. The engagement produced entries that match the contracts behind them, and a short note recording who is importer on which route, so the question does not get reopened whenever somebody new looks at it.

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Case study 5

Entry summaries reconciled to the intercompany ledger for the first time

The tax team and the freight function in this group had no shared figure: one worked from intercompany invoices, the other from what the broker filed, and neither had ever compared them. We built the reconciliation shipment by shipment and found differences in both directions, some of them timing and some of them values declared on a basis nobody could explain. The engagement produced the reconciliation as a repeatable schedule, an explanation for each category of difference, and a quarterly check that now runs before either team closes its own numbers.

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Case study 6

Duty and processing fees costed into a new product line before launch

A group was setting the intercompany price for a range it had not imported before, using the margin it applied to its existing lines. Because classification drives the rate and valuation drives the base, the border cost of the new range was never going to behave like the old one. We settled the classification first, built the declared value, and modelled the duty and MPF burden so that the price could be set with those inside it. The engagement produced a documented classification and valuation basis in place before the first shipment, rather than a correction after it.

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Case study 7

Accounts Reported Late When the Income Already Was

Where the income was on the return and only the account report was missed, a narrow route allows late filing with a reason attached. It is open only while no income is unreported and no examination has begun, which is why it is checked first.

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Case study 8

Years Filed Quietly, and What That Cost

Posting missing returns without taking a view on the route gives up the certification-based protection and can itself be read as an indicator. The first task on these files is mapping which years remain eligible for which route.

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All case studies — every published engagement in one place.

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Importing into the US — duty & MPF: further questions

What makes up the total charge when goods enter the US?

Duty plus processing fees, all of them assessed on a declared customs value. The MPF is charged on entries alongside the duty, so the total that arrives is not simply a duty rate applied to your invoice. Two things follow from that. First, the declared value drives everything, which is why valuation deserves as much attention as the duty rate. Second, the broker invoice needs to be broken into its components before it is posted, because they behave differently in your accounts and in any later correction. Ask for the entry summary rather than just the amount payable, and reconcile to it.

Does the price I charge my US subsidiary matter to customs?

Very much. The declared customs value has to be consistent with the transfer price used for income tax, and the two are looked at by different authorities who can each ask about the other. A price set for one purpose without reference to the other is the standard way a group ends up defending two inconsistent positions on the same shipments. So the intercompany price, the income tax documentation supporting it, and the value declared on entry should be one decision with one file behind it. Where they already differ, establishing the extent of the difference is the first piece of work, before anything is filed.

What happens at customs if we make a year end transfer pricing adjustment?

A retroactive adjustment changes the price of goods that have already been imported and declared, so it can require customs corrections as well as an income tax entry. That is why the two are coordinated rather than handled by separate teams in separate months. Practically, decide before the adjustment is booked how it maps to entries: which shipments it relates to, in which period, and whether the movement is upward or downward. Then the correction can be filed on a basis you can explain. Groups that book the adjustment first and think about the border afterwards usually find the shipment-level allocation is no longer reconstructable.

Who is liable if the classification turns out to be wrong?

The importer of record carries the liability. A broker prepares and files the entry, and a supplier may suggest a classification, but responsibility for what was declared sits with the importer and not with either of them. That has a consequence for how classification decisions ought to be made: if the importer owns the exposure, the importer should own the position and the reasoning behind it, in writing, rather than inheriting a code from whoever set one up originally. Classification determines the duty rate, so the amount at stake is the whole difference between two codes across every shipment in the period.

Does classification or valuation decide my duty bill?

Both, at different points. Classification determines the rate that applies to the goods and valuation determines the base that rate is applied to, so an error in either produces the same symptom — a total that is wrong — with completely different work behind fixing it. Keep them as separate questions when you examine a duty position. Take the classification of each product line and the reasoning for it, then take how the declared value is built, including what is added to or excluded from the invoice price. Groups importing from related suppliers usually find the real question sits on the valuation side.

Should my US customer be the importer of record instead of us?

It depends on what you want to control, and the trade is fairly clear. If your customer imports, the liability for the declaration — classification, value, and anything later found wrong with either — sits with them, and so does the clearance work. If you import, you control the process and can offer a cleared delivered price, but you take that liability on and you are the party a correction gets filed by. For a group shipping to its own US arm the question is usually settled by where the valuation file lives. Whatever is decided, the shipping terms and the broker instructions should say the same thing.

I work remotely from another country for a company back home — who taxes me?

Usually the country you are physically in, because employment income is generally sourced where the work is done, with your residence country taxing it as well if you are resident there and giving credit. Three things follow: your employer may acquire withholding and social security obligations where you sit, a treaty tie-breaker may be needed if both countries call you resident, and a short trip that becomes a long stay can cross a residence threshold nobody was watching. See remote workers and digital nomads.

What is double tax relief and how is it given?

Three mechanisms, and which one you get depends on your residence country's law and the treaty. Exemption leaves the foreign income out of the residence-country base. Credit taxes it and then subtracts the foreign tax, capped at the residence-country tax on that income. Deduction merely reduces taxable income by the foreign tax, and is usually the weakest. Canada and the United States lead with credit; several treaties give exemption for specific income types. See claiming the credit.

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