For the purposes of FSVP, the definition of the term “importer” is the “U.S. owner or consignee” of an article of food offered for import into the U.S. This is the person in the United States who, at the time of entry of an article of food into the United States, either owns the food, has purchased the food, or has agreed in writing to purchase the food. If there is no U.S. owner or consignee of an article of food at the time of U.S. entry, the importer is the U.S. agent or representative of the foreign owner or consignee at the time of entry, as confirmed in a signed statement of consent to serve as the importer under the FSVP regulation. (See 21 CFR 1.500.)
There are a variety of commercial arrangements regarding the importation of food. In some cases, one or more persons may have purchased the food (i.e., obtained it through payment of money or equivalent) or agreed in writing to purchase the food but do not own it at the time of entry. In addition, there may be cases in which, although ownership of an imported food has not transferred from the foreign owner at the time of the food’s entry into the United States, there are one or more U.S. entities who have purchased the food or agreed in writing to purchase it.
