Drone Import Laws

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Importing goods into the U.S. requires navigating a web of regulations that spans 47 federal agencies. If you are the importer of record, it is your duty to exercise “reasonable care” in meeting these obligations. As part of this duty, importers must take adequate steps to properly classify and determine the value of imported goods, provide information to CBP in properly assessing duties, and determine whether other applicable legal standards and requirements have been met.

When importing drones into the U.S., importers need to be mindful of several requirements including classification, intellectual property, additional duties, and a changing U.S. trade policy.

This article was authored by Jennifer Diaz.

Classification

When importing goods into the United States, importers must correctly classify their products. The Harmonized Tariff Schedule of the United States (HTSUS) is the primary resource for classifying goods and determining which tariffs apply.

The HTSUS is issued annually by the International Trade Commission (ITC). It is comprised of a 10-digit import classification system that is specific to the United States. This 10-digit code encompasses the World Customs Organization’s (WCO) six-digit uniform classification system shared among more than 200 countries.

An HTSUS is formatted to list the first 6-digits set forth by the WCO, also known as a heading and subheading and the last four digits assigned by the ITC that are specific to the U.S.

Prior to 2022, the HTSUS has lacked classifications specific to Unmanned Aircraft System (UAS). Importers had to classify under codes applicable to crewed aircraft systems. In December 2021, President Biden issued a proclamation adopting 11 new HTSUS codes for UAS. Importers are responsible for properly identifying which of these codes applies to their product.

Penalties for incorrect classification can be severe – CBP may issue penalties for negligence, gross negligence or fraud – depending on the degree of culpability CBP believes the importer had at the time of non-compliance.

Intellectual Property Rights

Importers need to be vigilant about intellectual property (IP) issues when dealing with U.S. Customs. CBP actively enforces IP rights at the border, and can seize counterfeit and infringing goods to protect trademark and copyright holders. Importing products that violate these rights—whether knowingly or unknowingly—can result in costly seizures, fines, and legal complications. To avoid these risks, importers should ensure that their goods comply with IP regulations, verify the authenticity of their suppliers, and stay informed about any trademarks or copyrights that may affect their shipments.

If you are a trademark owner, you can leverage CBP’s e-recordation program to ensure your goods are protected from infringement. The program allows trademark and copyright holders to obtain border enforcement of their IP rights. CBP will look for infringing goods and detain, seize, forfeit, or destroy them.

Duties & Country of Origin

Importers must accurately determine and declare the country of origin when bringing goods into the U.S. The country of origin affects duty rates, eligibility for preferential trade programs, trade sanctions, and import quotas. Incorrect or misleading declarations can lead to penalties, shipment delays, and even the seizure of goods by U.S. Customs. To avoid these risks, importers should carefully review manufacturing processes, supply chains, and applicable rules of origin to ensure that their declarations are accurate and precise.

The importer is ultimately responsible for calculating and paying duties. Calculating duties correctly isn’t always a straightforward process, and may require the assistance of an expert. For example, Unmanned Aircraft Systems (UAS) from China are subject not only to standard import duties but also have an additional 25% section 301 duty. Section 301 refers to the section of the Trade Act that allows the United States Trade Representative to impose restrictions or tariffs on imports in response to unfair trade practices.

Some lawmakers are calling for even higher duties on Chinese imported drones.

Department of Commerce’s Bureau of Industry and Security (BIS)

On January 3, 2025, the Bureau of Industry and Security (BIS) put out an advanced notice of proposed rulemaking seeking public comment on issues related to transactions involving unmanned aircraft from China and other foreign countries. It stated that “Once the President declares a national emergency, [the International Emergency Economic Powers Act] IEEPA empowers the President to, among other acts, investigate, regulate, prevent, or prohibit any ‘acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States’” (Emphasis added). While this is just an advanced notice of proposed regulations, it does give us an idea on the trajectory on future unmanned aircraft import issues down the road.

Forced Labor

Forced Labor is the third most lucrative illicit trade, behind only drugs and weapons, and has an annual trade value of roughly $150 billion. Right now, over 40 million people around the world are victims of some type of forced labor, including modern slavery, human trafficking, child labor, etc.

Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) prohibits the importation of all goods and merchandise mined, produced, or manufactured wholly or in part in any foreign country by forced labor, convict labor, and/or indentured labor under penal sanctions, including forced child labor.

U.S. Customs and Border Protection (CBP) is the only U.S. government agency, and one of the few in the world, with the legal authority to take action against goods produced with forced labor to prevent entry into domestic commerce. On June 21, 2022, the Uyghur Forced Labor Prevention Act (UFLPA) was enacted to further reinforce the United States’ prohibition against the importation of goods made with forced labor. The UFLPA establishes a rebuttable presumption that goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of China or by an entity on the UFLPA Entity List are prohibited from importation into the United States under 19 U.S.C. § 1307.

In many ways, the UFLPA heightened the standard for forced labor compliance in comparison to its predecessor / parallel enforcement system, Withhold Release Orders. However, if an Importer of Record can demonstrate by clear and convincing evidence that the goods in question were not produced wholly or in part by forced labor the Commissioner of CBP may grant an exception to the presumption.

It is an importers responsibility to know how their goods are made, from raw materials to finished goods, by whom, where, and under what labor conditions.

CBP has made clear that they will continue to prioritize forced labor enforcement and has in the past targeted certain Chinese drone manufacturers citing forced labor concerns.

Bottom Line:

Exercise Reasonable Care and Seek Help from an Expert

Exercising reasonable care in the import process is not just a best practice—it’s a necessity to ensure compliance with U.S. Customs regulations. The complexities of customs laws, from proper classification and valuation to country of origin and intellectual property considerations can be challenging to navigate alone. Partnering with an experienced customs expert can provide invaluable guidance, helping importers meet their obligations, streamline operations, and protect their business. This is vital so you don’t have your drone shipments hung up in customs. With proper due diligence, some of these headaches can be prevented.

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