To legally import product samples from China to the US, your factory must mark the items clearly as samples and declare their true production value on a commercial invoice. Depending on the value, you must clear them through U.S. Customs and Border Protection using either an informal entry process or a formal entry accompanied by a customs bond.
How the rules apply to your shipment
When you import samples, U.S. Customs and Border Protection (CBP) evaluates the shipment based on its total commercial value, intended use, and physical condition. The government divides these shipments into different legal categories to determine if you owe duties, taxes, or specific paperwork.
For shipments valued under $800, you can generally utilize Section 321 de minimis entry. This rule allows low-value commercial goods to enter the country duty-free and with minimal paperwork. However, federal policies frequently scrutinize or alter exemptions for Chinese textile and consumer imports, making accurate valuation essential. If your samples are worth more than $800 but less than $2,500, they fall under an informal entry, which requires basic customs documentation. Anything valued over $2,500 requires a formal entry, meaning you must purchase a customs bond to guarantee payment of any potential government fees.
To ensure your samples do not get flagged as commercial inventory meant for resale, you can use Chapter 98 of the Harmonized Tariff Schedule (HTSUS). If the factory permanently marks, tears, punctures, or stamps the goods with the phrase “Mutilated Sample — Not for Resale,” CBP will classify them as having zero commercial value, allowing them to pass through duty-free regardless of the base product tariff rates.
Steps to clear your factory samples legally
If you want to bring prototype or production samples into the United States without customs delays, you should follow this sequence.
- Instruct your supplier on documentation. Have the factory create a commercial invoice that lists the exact item description, the Harmonized System (HS) code, and the actual cost to produce the item. The invoice must state “Samples for review, not for resale” and never list a fake “$0” value.
- Determine your shipping method. For small product samples, choose an express courier service like DHL, FedEx, or UPS. These companies act as your customs broker for low-value shipments and handle the standard clearance paperwork automatically.
- Verify federal agency compliance. Ensure your sample complies with specific partner government agencies. For example, if you are importing sample electronics, you still need Federal Communications Commission (FCC) compliance, while kitchenware or cosmetics require Food and Drug Administration (FDA) registration.
- Secure a customs bond if needed. If your sample shipment is large, highly regulated, or valued over $2,500, hire a licensed U.S. customs broker to file a formal entry and set up a single-entry or continuous customs bond.
The common paperwork mistake to avoid
The most frequent mistake importers make is letting their Chinese supplier write “Sample with no commercial value” on the shipping label while putting a fake $0 or $1 total value on the commercial invoice.
CBP officers know that every physical object costs money to manufacture. When customs inspectors see an invoice with an intentionally hidden or inaccurate value, they will flag the package for undervaluation. This results in severe shipping delays, expensive storage fees at the port of entry, and potential fines that can cost multiple times the actual worth of the product. Always declare the exact manufacturing cost of the sample, even if the factory gave it to you for free.