How to enter the U.S. food market without a U.S. company

Many food brands put off the U.S. because they assume the first step is forming an American company. It usually is not. U.S. rules care less about where your company is incorporated and more about whether specific responsibilities are covered: the customs entry, the FDA requirements for the facility and the shipment, and the commercial basics that U.S. buyers expect from any vendor.

This guide covers those structure questions. It does not repeat the full FDA walk-through; for that, read how to sell food products in the U.S. and, for the shipment mechanics, how to import food into the USA.

Can you sell food in the USA without a US company?

In most cases, yes. A foreign food producer can export to U.S. buyers, act as its own importer, and invoice in U.S. dollars from its home country. What changes is who carries each responsibility. When you have no U.S. entity, every role has to be filled by you (usually through U.S. service providers) or by a U.S. partner such as an importer or distributor.

Before you ship, you still need the product-level basics that apply to every food brand, with or without a U.S. company:

• Your producing facility registered with FDA, with a designated U.S. Agent (FDA food facility registration).
• A label that meets U.S. rules: English, a U.S.-format Nutrition Facts panel, ingredients, major food allergens, net quantity in U.S. units, and the name and place of business of the manufacturer, packer or distributor (FDA food labeling).
• Prior Notice to FDA before each shipment arrives, by any mode, including courier and mail (FDA Prior Notice).
• An FSVP importer identified at entry.

Most foods do not need FDA "approval." They need to comply. Low-acid canned and acidified foods are an exception with additional registration and process filing requirements, so check early if your product is in those categories.

The real decision is structural, and Diagram 1 shows the three routes.

Your food brand, no U.S. entity Facility registered, label ready, product chosen

• Import yourself
  • You are the importer of record
  • Licensed customs broker files the entry
  • Customs bond for formal entries
  • FSVP importer designated in writing
  Most control, most coordination
• Sell to a U.S. importer
  • Importer or distributor takes the import roles
  • You invoice one U.S. customer
  • Less control over price and placement
  Simplest paperwork
• Form a U.S. company
  • U.S. entity imports and sells
  • Easier vendor setup for some buyers
  • Ongoing tax and accounting work
  Usually once sales repeat

Who imports: importer of record and customs bond

Every import needs an importer of record (IOR) and a customs entry. The IOR is the party responsible to U.S. Customs and Border Protection (CBP) for the entry: correct classification, value and origin, and payment of duties and fees. A foreign company can usually act as its own IOR, typically through a licensed customs broker who files the entry on its behalf.

What you need to know as a foreign IOR:

• Entry type depends on value. Commercial shipments valued over $2,500 generally require a formal entry. Shipments at or below $2,500 can generally use an informal entry.
• Formal entries need a customs bond. You can buy a single-entry bond for one shipment or a continuous bond that covers entries over a period. A broker can usually help you arrange either.
• Ocean shipments need an ISF. The Importer Security Filing (often called "10+2") must be filed before the cargo is loaded at the foreign port, so coordinate it with your forwarder before booking.
• Duties depend on classification and origin. The rate comes from the product's classification in the Harmonized Tariff Schedule (HTSUS) and its country of origin. Additional tariffs can apply and change, and merchandise processing fees apply to entries, so check current rates before you quote a U.S. price.
• Low value no longer means duty-free. U.S. de minimis treatment for low-value shipments was suspended for all countries from August 29, 2025, CBP made the suspension indefinite in 2026, and the law ends it on July 1, 2027. A small sample shipment is generally no longer duty-free just because it is small.

Abanro handles the customs clearance process for you as part of the same shipment. The importer of record can be your company, your designated U.S. importer or, in eligible cases, Abanro. Abanro then receives and inspects the goods in Orange County, California, near the Ports of Los Angeles and Long Beach.

The alternative is to sell to a U.S. importer or distributor who takes the IOR and FSVP roles. That keeps your paperwork short, but you usually give up control over U.S. pricing, which stores carry the product, and what buyers say about it.

FSVP importer and U.S. Agent: two different roles

U.S. Agent (facility registration)

A foreign food facility must name a U.S. Agent in its FDA registration. The agent is FDA's point of contact in the U.S. for that facility. This role belongs to the facility, so if a co-packer makes your product, its registration and its U.S. Agent are what count. Registrations are renewed every two years, between October 1 and December 31 of even-numbered years.

FSVP importer (each import)

Under the Foreign Supplier Verification Program, the FSVP importer must verify that foreign suppliers produce food to U.S. safety standards (FDA FSVP rule). The FSVP importer is generally the U.S. owner or consignee of the food at entry. If there is no U.S. owner or consignee, which is common when a foreign brand ships to its own account, it is a U.S. agent or representative of the foreign owner or consignee, designated in writing. The FSVP importer must be identified at entry, including a DUNS number.

In practice, a foreign brand without a U.S. entity usually has three options for FSVP: a U.S. buyer that takes ownership at entry and accepts the role, a third-party FSVP agent designated in writing, or a U.S. importer that buys the goods. The same provider can sometimes act as both U.S. Agent and FSVP agent, but they remain separate responsibilities with separate documents.

Abanro's product review in the three-month Starter Program covers U.S. compliance and label review for the first SKU. Specialized regulatory work, such as facility registration, U.S. Agent and FSVP, is identified and coordinated separately with specialized third parties.

Who fills each role without a U.S. company

Invoicing and getting paid by U.S. buyers

A U.S. buyer does not need you to have a U.S. company to pay you, but it will run you through vendor setup. Prepare these before the first order:

• Prices in U.S. dollars. Quote wholesale and suggested retail prices in USD, delivered to a U.S. location where possible. Buyers compare landed, U.S.-delivered prices, not prices at your factory gate.
• Clear payment instructions. International bank transfer to your home account is common. Include the bank details on every invoice, state who pays transfer fees, and expect intermediary bank charges on some transfers.
• Vendor forms. Buyers may send a vendor setup form and ask for a tax form for foreign entities (commonly the IRS Form W-8BEN-E).
• Payment terms you can carry. Many U.S. buyers expect to pay on net terms after delivery rather than in advance. For a first order with a new buyer, decide what you can finance and whether you will ask for prepayment or a deposit.

Keep the commercial flow simple: one invoice from your company per order, matching the packing list and the delivery. If your goods are stored in the U.S. and shipped to buyers from there, the invoice comes from you and the shipment comes from your U.S. partner. Abanro does not buy inventory or resell it for you; it handles the storage and outbound shipping.

Sales tax basics for wholesale

The U.S. has no national sales tax. Each state (and often local jurisdictions) sets its own rules, so this section stays general. Talk to a U.S. tax advisor before you hold inventory in the country.

• Wholesale is usually exempt with a resale certificate. When you sell to a retailer or distributor that will resell the product, the buyer usually gives you a resale certificate so the sale is not taxed. Keep a valid certificate on file for each buyer.
• Presence can create obligations. Storing inventory or having other activity in a state can create sales tax registration or filing obligations there, depending on that state's rules.
• Selling to consumers is a different situation. Direct-to-consumer sales through your own website raise their own sales tax questions. Treat that as a separate decision from wholesale.

Income tax is another topic again: whether your U.S. sales create a U.S. tax filing depends on your structure, your activity in the U.S. and any tax treaty with your country. Ask an advisor in both countries.

Product liability insurance and your brand name

Product liability insurance

U.S. retailers and distributors often ask for product liability insurance before they list a new food product, and many ask for a certificate of insurance naming them as an additional insured. Check now whether your current policy covers products sold in the U.S. and claims brought there. Some policies written outside the U.S. limit or exclude U.S. claims, so read the territory and jurisdiction clauses and ask your broker what a U.S. extension or a separate policy would involve.

Trademark

Your brand may be protected at home and unprotected in the U.S. Before you print U.S. packaging or sign with a distributor, search whether someone already uses a similar name for similar goods, and consider registering your mark with the U.S. Patent and Trademark Office (USPTO). Applicants based outside the U.S. generally need a U.S.-licensed attorney to file. If you sell through a distributor, make sure your agreement says the brand stays yours.

When a U.S. company starts to make sense

Forming a U.S. entity is not a requirement to start. It becomes worth considering when the U.S. stops being a test and becomes a market:

• Buyers reorder and you ship regularly, so the U.S. entity can be the consignee and FSVP importer for its own imports.
• Larger buyers or distributors prefer a domestic vendor, a U.S. bank account or U.S. insurance.
• You plan to hire people in the U.S., sign leases, or hold significant inventory over time.
• Your advisor says a U.S. entity would simplify your tax position.

A U.S. company brings its own costs: formation, a registered agent, bookkeeping, and tax filings in the U.S. on top of your home country. The order that usually makes sense is to prove demand first, then build the structure around buyers who already reorder. A small, measured test is the way to get that proof; see how to test your product with 25 U.S. buyers and what it costs to test a food product in the U.S.

Common mistakes

1. Treating the U.S. Agent as the FSVP importer. They are separate roles. Confirm both, in writing, before the first shipment.
2. Shipping before deciding who imports. Goods that arrive with no IOR, bond or FSVP importer in place usually wait at the port while costs build. If that happens, Shipment Recovery can help.
3. Quoting factory prices to U.S. buyers. Without freight, duties, fees and U.S. handling, your margin can disappear on the first order.
4. Assuming small shipments are duty-free. De minimis treatment is suspended, so even small sample shipments generally go through a normal entry with duties.
5. Ignoring insurance and trademark until a buyer asks. Both take time to arrange and can delay a listing.
6. Forming a U.S. company too early. It adds fixed costs and filings before you know whether buyers reorder.

Next steps

Start by writing down who will fill each role in the table above, and where the goods will sit once they clear customs. If you plan to hold stock in the U.S., a partner close to the port can receive it, apply U.S. labels if needed, ship samples to buyers and forward orders. See how this works for food products and for international sellers, or read the overview of U.S. market entry services.

If your product is shelf-stable food and you want structured buyer outreach, the three-month Starter Program is one way to start selling in the U.S. The program costs $2,950 for three months, with the first SKU and its first pallet included and outreach to up to 25 selected retail, foodservice and wholesale buyers in Southern California. A 25% commission applies only to sales Abanro generates during Starter, the three-month market entry stage. After that, brands with traction can move into Growth, the pay-as-you-go stage, with no sales commission. No sales, no commission. Abanro does not buy inventory and does not guarantee sales or orders, and your brand, its designated U.S. importer or, in eligible cases, Abanro acts as importer of record. Other services are listed on pricing with published starting prices.

This guide is general information, not legal, tax or customs advice. Requirements depend on your product, origin and structure, and can change, so confirm them with qualified advisors and the official sources linked above.