US Agent vs FSVP Importer vs Importer of Record in 2026: A Role Comparison for Foreign Exporters

If you manufacture, pack or ship food into the United States from outside the country, you will hear three titles used almost interchangeably: US Agent, FSVP importer and importer of record (IoR). They are not the same role. They sit under different statutes, answer to different agencies, and carry different liabilities. Treating one appointment as covering all three is a common — and costly — mistake for foreign exporters and non-resident importers.

This 2026 comparison explains who must be who, what each role is liable for, and how the three fit when a UK or other foreign facility sells food into the US. It is practical guidance, not legal advice. Facility registration is not product approval.

3

Distinct legal roles

FDA

US Agent & FSVP

CBP

Importer of record

What Is a US Agent Under FDA Food Facility Registration?

Under 21 CFR 1.227, a U.S. agent is a person residing or maintaining a place of business in the United States whom a foreign facility designates for registration under Subpart H. The agent may not be a mailbox, answering machine or service, or any other place where an individual acting as the agent is not physically present.

• The US Agent is the communications link between FDA and the foreign facility for emergency and routine contact.
• Unless the registration names someone else, the US Agent is who FDA contacts in an emergency.
• FDA treats representations by the US Agent as those of the foreign facility, and information given to the agent as given to the facility.
• The agent may view the information submitted in the facility’s registration.

Foreign facilities that must register under section 415 of the FD&C Act include the US Agent’s name, address, phone and email in the data required by 21 CFR 1.232. Biennial renewal for 2026 (1 October–31 December) also depends on a current US Agent, who must confirm to FDA if they are newly named or their details change — see our guide to FDA food facility biennial renewal 2026.

A US Agent is not automatically the FSVP importer or the importer of record, and is not a government official.

Sources: 21 CFR 1.227 | 21 CFR 1.232

What Is the FSVP Importer?

The Foreign Supplier Verification Programs rule sits in 21 CFR Part 1, Subpart L. Under 21 CFR 1.500, the importer for FSVP purposes is:

• the U.S. owner or consignee of the food at the time of US entry — the person in the United States who owns it, has purchased it, or has agreed in writing to purchase it; or
• if there is no US owner or consignee at entry, the U.S. agent or representative of the foreign owner or consignee, confirmed by a signed statement of consent to serve as the importer under Subpart L.

That second limb is where confusion with the registration US Agent starts. An FSVP “U.S. agent or representative” must be in the United States, but the appointment is a separate consent — not the Subpart H designation. The same company may hold both roles; the paperwork still differs.

The FSVP importer must develop, maintain and follow an FSVP for each food it imports (§ 1.502). At entry, 21 CFR 1.509 requires the importer’s name, email address and FDA-recognised unique facility identifier to be provided electronically with the CBP filing for each food line.

What Is the Importer of Record (IoR)?

The importer of record is a customs role, not an FDA registration role. Under 19 U.S.C. 1484, entry must be made by a party qualifying as importer of record — generally the owner or purchaser of the merchandise, or a licensed customs broker appropriately designated by the owner, purchaser or consignee. The IoR must use reasonable care when filing with CBP.

Liability follows the role. Under 19 CFR 141.1, duties are a personal debt of the importer to the United States. Paying a broker does not clear the importer if the broker fails to pay CBP. The identity CBP uses is created and updated on CBP Form 5106 under 19 CFR 24.5. For non-resident importers, Form 5106 accuracy is now actively enforced (CBP began voiding IOR numbers with inaccurate data on 18 September 2026), and EO 14411 directs CBP to introduce a “good standing” requirement and stricter foreign-IOR rules by 30 November 2026 — see our CBP Form 5106 guide under EO 14411 and our article on why Amazon sellers need a US importer of record.

In short: the IoR is who CBP holds responsible for entry, duties and the bond — a different ledger from FDA registration contact and from FSVP records.

Side-by-Side: Who Must Be Who

Common Confusion for Foreign Facilities Shipping Food to the US

• “Our US Agent handles everything.” Registration communications do not create an FSVP or clear goods with CBP. Ask separately who is FSVP importer on the entry and who is IoR on the ACE filing.
• “Our freight forwarder is the importer.” Forwarders arrange logistics. Unless they are a qualifying IoR (or a licensed broker properly designated) and, where applicable, the consented FSVP importer, invoice labels are not enough.
• “We sell DDP, so the customer is responsible.” Delivery terms allocate commercial cost; they do not rewrite § 1.500 or 19 U.S.C. 1484. Document who owns or has agreed to purchase the food at entry, and who files as IoR.
• “FSVP importer and IoR must be the same company.” They often are, and alignment helps, but the definitions differ. One party can be IoR while another is FSVP importer — if each role is validly filled and correctly declared.
• “UK Customs Declaration Service (CDS) experience transfers.” US entry uses CBP/ACE rules. A CDS setup does not map onto Form 5106 or FSVP identity data.

How the Three Roles Fit on One Shipment

1. Facility registration: foreign site registered with FDA; current US Agent named and able to confirm renewals and receive FDA contact.
2. Before first food entry: decide who is the US owner/consignee, or designate a US agent/representative as FSVP importer with signed consent; build the FSVP for that food and supplier.
3. At entry: FSVP importer identity (§ 1.509) transmitted with the food line; a qualifying IoR files entry with accurate Form 5106 data, bond and broker arrangements.
4. Ongoing: keep registration, FSVP records and importer identity data in sync when ownership, addresses or agents change.

How Global Import Agent Helps

• US Agent services for FDA food facility registration and biennial renewal confirmation
• FSVP importer / representative structures with documented consent where you remain the foreign owner
• US importer of record options, including coordination with CTPAT-validated brokers ahead of EO 14411 implementation
• One review so registration, FSVP identity and Form 5106 data align

This article is for informational purposes only and does not constitute legal advice. Always re-check the current eCFR text of 21 CFR Part 1 Subparts H and L, 19 U.S.C. 1484, 19 CFR Parts 24 and 141, and CBP guidance before acting. Global Import Agent is a private compliance services company and is not affiliated with FDA, CBP, HMRC or the Food Standards Agency. For advice specific to your situation, consult a qualified regulatory attorney, customs broker or trade compliance specialist.