Guide
PGA Compliance Guide: Shipping from India to USA
A practical, complete guide to navigating Partner Government Agency requirements—so your shipments clear US customs smoothly.
In brief
- PGAs are US government agencies that check specific product types before entry.
- The 4 main agencies for Indian exports: FDA, USDA, CPSC, USFWS.
- Sellers provide product information; importers handle US filings.
- Know your product's requirements BEFORE shipping.
- Non-compliance = stopped shipments, fines, or destruction of goods.
What is PGA? The Basics
Imagine you're sending a package to a friend in America. Before it can be delivered, it has to go through US Customs (called CBP - Customs and Border Protection).
But CBP can't be experts in everything—they can't know if your food is safe, if your children's toy has dangerous chemicals, or if your wooden furniture was made from illegally cut trees.
So, CBP has partners—other government agencies that are experts in specific product types. These partners are called Partner Government Agencies (PGAs).
In Simple Terms:
PGA = Government agencies that check specific types of products before they can enter the USA
PGA = Government agencies that check specific types of products before they can enter the USA
There are about 50 different PGAs in the US! But don't worry—most products only need to deal with 1-2 of them. The four most common ones for products from India are:
| Agency | Full Name | What They Check |
|---|---|---|
| FDA | Food and Drug Administration | Food, medicines, cosmetics, supplements |
| USDA | US Department of Agriculture | Plants, wood, agricultural products |
| CPSC | Consumer Product Safety Commission | Children's products, toys, household items |
| USFWS | US Fish and Wildlife Service | Animal products, leather, shells, coral |
Why Does This Matter to You?
If You Ignore PGA Requirements:
- ❌ Your shipment will be STOPPED at the US port
- ❌ You may have to pay storage fees while it sits there
- ❌ Your goods might be sent back to India (at your cost!)
- ❌ In worst cases, goods are destroyed
- ❌ You could face fines or be banned from shipping to USA
If You Follow PGA Requirements:
- ✅ Smooth customs clearance
- ✅ Happy American customers
- ✅ No surprise delays or costs
- ✅ Build a reliable export business
The Golden Rule:
Know BEFORE you ship what PGA requirements apply to your products. Prepare the documents BEFORE the shipment leaves India.
Know BEFORE you ship what PGA requirements apply to your products. Prepare the documents BEFORE the shipment leaves India.
Which Agency Applies to YOUR Product?
Ask yourself these questions:
- Is it food, medicine, cosmetics, or supplements? → FDA applies
- Does it contain wood, bamboo, cork, or plant materials? → USDA Lacey Act applies
- Is it designed for children (age 12 or under)? → CPSC applies
- Does it contain animal parts (leather, bone, shell, feather)? → USFWS may apply
Important: Multiple Agencies Can Apply!
Example: A wooden toy for children needs both USDA (wood) and CPSC (children's product).
Example: Leather handbag needs USFWS (animal skin).
Example: A wooden toy for children needs both USDA (wood) and CPSC (children's product).
Example: Leather handbag needs USFWS (animal skin).
FDA — Food, Supplements & Cosmetics
FDA regulates:
- All food products (snacks, spices, ready-to-eat meals)
- Dietary supplements (vitamins, ayurvedic products, herbal remedies)
- Cosmetics (skincare, makeup, hair products)
- Drugs and medicines
- Medical devices
The 3 Things FDA Requires
1. Facility Registration
Every factory/facility that makes, processes, packs, or stores food for the USA must register with FDA.
- Who does it: The manufacturer in India
- When: Before the first shipment, renewed every 2 years
- What you get: 11-digit FDA Registration Number
2. Prior Notice
A notification telling FDA "food is coming!" before it arrives in USA.
- Who does it: Importer/customs broker (NOT seller)
- By Air: 4 hours before arrival
- By Ocean: 8 hours before arrival
3. US Agent
A person/company in USA who acts as a contact point between your facility and FDA.
- Requirement: Must be located IN the United States
- Purpose: FDA contacts them if they have questions
What Sellers in India Must Provide for FDA
| Information | Example | Why Needed |
|---|---|---|
| Product name & description | "Organic Turmeric Powder Capsules" | Identify the product |
| FDA Registration Number | 12345678901 | Prove factory is registered |
| Ingredients list | "Turmeric extract, gelatin capsule, rice flour" | Check for banned ingredients |
| Manufacturer name & address | "Herbal India Pvt Ltd, Bangalore" | Track the source |
| Net weight/quantity | "500 bottles, 60 capsules each" | Customs declaration |
USDA — Wood & Plant Products (Lacey Act)
The Lacey Act prevents illegally harvested wood and plants from entering the USA.
Products that need Lacey Act declaration:
- Furniture (tables, chairs, beds, cabinets)
- Wooden handicrafts
- Musical instruments (with wood)
- Wooden toys
- Paper products
- Flooring and panels
- Cork and bamboo products
- Essential oils (from plants)
The Big Change: December 1, 2024
As of Phase VII, almost ALL products containing wood or plant material need a Lacey Act declaration. This is a major expansion!
As of Phase VII, almost ALL products containing wood or plant material need a Lacey Act declaration. This is a major expansion!
What Sellers Must Provide for Lacey Act
| Information | Example |
|---|---|
| Scientific name of wood (Genus + Species) | "Dalbergia sissoo" |
| Common name | "Sheesham" or "Indian Rosewood" |
| Country where tree was cut | "India" |
| Quantity | "10 pieces" or "500 kg" |
| Value of wood portion | "$12,000" |
| Percentage of product that is wood | "85%" |
Common Indian Woods & Scientific Names
| Common Name | Scientific Name | Common Products |
|---|---|---|
| Sheesham/Indian Rosewood | Dalbergia sissoo | Furniture, handicrafts |
| Teak | Tectona grandis | Furniture, flooring |
| Mango Wood | Mangifera indica | Furniture, bowls |
| Neem | Azadirachta indica | Handicrafts, combs |
| Rubberwood | Hevea brasiliensis | Furniture, toys |
| Sandalwood | Santalum album | Handicrafts (restricted!) |
CPSC — Children's Products
Any product designed for children 12 years of age or younger falls under CPSC, including:
- Toys
- Children's clothing
- Nursery furniture (cribs, strollers, car seats)
- Children's jewelry
- School supplies for kids
- Kids' bicycles
- Baby products
The Key Document: Children's Product Certificate (CPC)
Every children's product sold in USA MUST have a CPC. This is non-negotiable.
IMPORTANT: The CPC must be created by someone IN THE UNITED STATES.
If you're the seller in India → Your US importer creates the CPC.
The seller in India CANNOT create the CPC.
If you're the seller in India → Your US importer creates the CPC.
The seller in India CANNOT create the CPC.
Testing Requirements
| Test | What It Checks |
|---|---|
| Lead content | No more than 100 ppm lead in accessible parts |
| Lead paint | No more than 90 ppm lead in paint |
| Phthalates | Certain plasticizers banned in toys |
| Small parts | Choking hazard for kids under 3 |
| Flammability | Fabric doesn't catch fire easily |
| ASTM F963 | General toy safety standard |
What Sellers Must Provide for CPSC
| Information | Example |
|---|---|
| Test reports from CPSC-accepted lab | PDF documents |
| Lab name & address | "SGS India, Chennai" |
| Test report number | "SGS2024-12345" |
| Test date | "November 15, 2024" |
| Age range | "3-6 years" |
| Manufacturing date & location | "October 2024, Chennai, India" |
USFWS — Animal & Wildlife Products
USFWS regulates any product from animals or wildlife:
- Leather goods (bags, wallets, belts, shoes)
- Fur products
- Bone or ivory items
- Shell products (mother of pearl, conch)
- Feathers
- Coral
- Reptile skin products
The Key Form: Form 3-177
This declaration tells USFWS exactly what animal products are entering the USA.
Common Indian Materials & Status
| Material | Scientific Name | Status |
|---|---|---|
| Buffalo leather | Bubalus bubalis | Usually OK |
| Goat leather | Capra aegagrus | Usually OK |
| Sheep leather | Ovis aries | Usually OK |
| Elephant ivory | Elephas maximus | BANNED - do not export! |
| Peacock feathers | Pavo cristatus | Cannot export from India |
Designated Ports: Wildlife products can ONLY enter through certain US ports: Los Angeles, New York, Miami, Chicago, Atlanta, Seattle, and a few others.
Common Products from India & Their Requirements
Spices & Food Products
- FDA: YES - Registration, Prior Notice, ingredients
- USDA: Maybe (if contains plant materials)
- CPSC: No
- USFWS: No
Wooden Furniture
- FDA: No
- USDA: YES - Wood species, country of harvest
- CPSC: Maybe (if children's furniture)
- USFWS: No
Toys
- FDA: No
- USDA: Maybe (if made of wood)
- CPSC: YES - Test reports for CPC
- USFWS: Maybe (if contains animal parts)
Leather Goods
- FDA: No
- USDA: No
- CPSC: No (unless children's product)
- USFWS: YES - Animal species, Form 3-177
Ayurvedic/Herbal Supplements
- FDA: YES - Registration, Prior Notice, full formula
- USDA: Maybe (if contains plant extracts)
- CPSC: No
- USFWS: No
Cosmetics & Skincare
- FDA: YES - Registration, ingredient list
- USDA: No
- CPSC: No
- USFWS: Maybe (if contains animal ingredients)
What Does the Seller vs. Importer Handle?
| Task | Who Does It |
|---|---|
| Product information & documentation | Seller in India |
| Filing Prior Notice for FDA | Importer/Customs Broker |
| Submitting Lacey Act declaration | Importer/Customs Broker |
| Creating CPC certificate | US Importer |
| Filing Form 3-177 for wildlife | Importer/Customs Broker |
| Knowing submission deadlines | Logistics partner |
The 5 Things Every Indian Exporter Must Know
- Know Your Product's PGA — Before you ship, identify which agencies regulate your product.
- Gather Product Information — Collect all required information for your product type.
- Work With Your Logistics Partner — Share all product information with your importer. They handle the US filings.
- Keep Records — Keep copies of all test reports, registration numbers, and product documents.
- Ask Questions Early — If you're unsure about requirements, ask BEFORE shipping—not after your goods are stuck at a US port!
Quick Reference: Agency Contacts
| Agency | Website | Purpose |
|---|---|---|
| FDA | fda.gov | Food, drugs, cosmetics |
| USDA APHIS | aphis.usda.gov | Plants, wood, agriculture |
| CPSC | cpsc.gov | Consumer product safety |
| USFWS | fws.gov | Wildlife |
| CBP | cbp.gov | Overall customs |
Penalty Summary
| Violation | Possible Consequences |
|---|---|
| No Prior Notice | Shipment held, possible refusal |
| Wrong Lacey Act info | Fines up to $250,000, criminal charges |
| No CPC for children's product | Product seizure, fines |
| Wildlife violation | Seizure, heavy fines, prison possible |
Glossary
| Term | Meaning |
|---|---|
| PGA | Partner Government Agency — US agencies that check specific products |
| CBP | Customs and Border Protection — main US customs agency |
| ACE | Automated Commercial Environment — electronic system for customs filings |
| HTS Code | Harmonized Tariff Schedule — number code for product classification |
| Prior Notice | Advance notification to FDA about incoming food shipment |
| Lacey Act | US law against illegally harvested wood/plants |
| CPC | Children's Product Certificate — safety certificate for kids' products |
| CITES | International treaty protecting endangered species |