Which Sellers Need to Register a U.S. Agent?

A U.S. Agent(United States Agent) refers to an agency or individual established in the United States that assists and represents foreign manufacturers or sellers in communicating and coordinating with relevant U.S. regULatory agencies (such as the FCC, CPSC, FDA, etc.) and provides related support services.

In cross-border e-commerce, the U.S. Agent plays a critical role in product certification, customs declaration, after-sales services, and ensuring compliance with U.S. laws and regulations.

In the United States, some products must pass certifications from agencies such as the FCC (Federal Communications Commission)or the CPSC (Consumer Product Safety Commission)before being sold to ensure compliance with relevant regulations and standards.

To complete these certifications, cross-border sellers are usually requiRED to provide U.S. Agent information so that there is a legally designated representative in the U.S. to handle certification-related matters.

Additionally, a U.S. Agent provides support in product shipping and customs clearance. In certain cases, if goods are detained by customs, providing complete U.S. Agent information may help sellers resolve issues more smoothly.

Overall, the U.S. Agent ensures regulatory compliance, facilitates certification processes, and assists with after-sales and legal issues—making it essential for cross-border sellers aiming to enter the U.S. market.

What Is a U.S. Agent?

A U.S. Agentrefers to an agency designated by a foreign entity that manufactures, processes, repackages, or imports products into the United States.

The U.S. Agent cannot be an individual—it must be a legitimate business or organization that can maintain stable operations and communicate with U.S. regulatory bodies during regular business hours.

According to U.S. regulations such as those from the FDA (Food and Drug Administration), FCC, and CPSC, foreign sellers of certain products (including medical devices, cosmetics, food, drugs, laser products, wireless devices, children’s toys, and maternity supplies) must register and appoint a U.S. Agent before entering the U.S. market.

The U.S. Agent must have a physical business location in the U.S. and be able to receive calls and official documents during normal working hours. Merely using an email, voicemail, or personal address does not meet legal requirements.

As a result, major e-commerce platforms like Amazonand TEMUmust also comply with U.S. laws by requiring sellers to provide valid U.S. Agent information.

Which Sellers Must Register a U.S. Agent?

Sellers must register a U.S. Agent if they meet the following conditions:

1. Selling products within the United States

2. Products require compliance with U.S. certificationssuch as FCC, CPSC, FDA, EPA, or ENERGY STAR

3. Manufacturer is located outside the United States

Applicable product categories include:

- Products requiring FCC certification

Examples: Wi-Fi devices, Bluetooth devices, mobile phones, computers, fax machines, electronic devices, radio transmitters/receivers, remote-controlled toys, telephones, etc.

- Products requiring CPSC Certification

Examples: Toys, cradles, baby carriers, children’s clothing, etc.

- Products requiring FDA certification

Examples: Medical devices, cosmetics, food, alcoholic beverages, pharmaceuticals, laser products, etc.

- Products requiring epa certification

Examples: Pesticide products (insecticides, rodenticides, herbicides, fungicides, repellents, antiMICrobial pesticides) and pesticide-related equipment (UV devices, sound emitters, bug traps, soil vibration devices, water or air treatment equipment).

- Products requiring ENERGY STAR or energy labeling certification

Examples: Televisions, refrigerators, freezers, washing machines, room air conditioners, central air systems, dishwashers, water heaters, ceiling fans, pool heaters, heat pumps, furnaces, boilers, etc.

Risks of Not Having a U.S. Agent

When exporting products such as children’s toys or electronic goods to the U.S., customs and other regulatory agencies may conduct random inspections.

Failure to provide U.S. Agent information can result in:

1. Goods being detained or facing legal action

2. Fines or a ban on product sales

3. Restrictions on seller account privileges

Additionally, e-commerce platforms like Amazonrequire sellers of children’s toys to provide a CPC certificate with U.S. Agent details, and sellers of electronic products must submit an fcc certificate with U.S. Agent details. Failure to provide these documents can lead to product removal.

Responsibilities and Role of a U.S. Agent

The responsibilities of a U.S. Agent are similar to those of an eu authorized representative (EU Rep) or UK Authorized Representative (UK Rep), and include:

1. Ensuring the seller’s products and business activities comply with U.S. regulations and standards

2. Assisting manufacturers or sellers with product registration to enable legal sales in the U.S.

3. Ensuring product labeling and packaging meet U.S. requirements (including necessary warnings, instructions, and markings)

Additional duties include:

- Communicating with U.S. regulatory bodies such as the FDA to address compliance issues

- Monitoring and assisting with product quality management to meet U.S. standards

- Recording and reporting product safety and compliance information to regulatory agencies when necessary

- Acting as the foreign company’s legal representative in the U.S. to provide documents and information

- Serving as a communication bridge between cross-border sellers and U.S. authorities/platforms (e.g., FDA, FCC, CPSC, Amazon)

- Assisting with audits, submitting documents, and resolving compliance issues.

In cases of product-related incidents, the U.S. Agent may also bear certain responsibilities.

How to Register a U.S. Agent

The registration process generally involves the following steps:

1. Choose a compliant agent

 Find a qualified U.S.-registered agency with extensive experience and knowledge of FDA/FCC regulations.

2. Submit application documents

 Provide manufacturer details, product information, registration certificates, and production qualifications. The agency will evaluate eligibility based on these materials.

3. Sign the agent agreement

 Once approved, sign an agreement outlining the rights and obligations of both parties to ensure smooth cooperation.

4. Validity period

 After obtaining the U.S. Agent agreement and certificate, the validity period is typically 1 year. Renewal is required before expiration to maintain FCC/CPC validity.

How to Use U.S. Agent Information

1. Provide U.S. Agent details during certification or registration (FCC, EPA, FDA, etc.)

2. Upload U.S. Agent information in e-commerce platform dashboards (e.g., amazon fcc certification uploads)

3. Print U.S. Agent details on product packaging and provide them during customs inspections when required

Key Takeaway

In recent years, U.S. regulatory agencies and major e-commerce platforms like Amazon have increased their scrutiny of product compliance.

Sellers must prioritize appointing a U.S. Agent as early as possible to avoid customs detention, product removal, or other regulatory risks.