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Free Trade Certification

May 10, 2022

Are your customers asking you to certify your items for free trade under a free trade agreement? Do you source from or ship to a country that participates in a free trade agreement with the U.S.? Do you know how to manage that process in order to alleviate the duties paid?   A free trade agreement (FTA) is an agreement between two or more countries where the countries agree on certain obligations that affect trade in goods. Currently, there are 14 Free Trade Agreements in effect in the U.S. with 20 different countries.   An importer collects and maintains the information to support the FTA qualification. An exporter from the U.S. is required to complete a declaration verifying that their goods qualify for free trade with the participating country.   The rules associate with FTAs are complicated and the analysis is intricate. There are multiple steps to the process and each one must be completed in order to move onto the next:  
  1. Classify the product according to the HTSUS in order to determine the rule of origin for the specific finished product.
  2. Choose a preference criteria from the 4 available.
  3. Use the rule of origin to determine the qualification of the finished good.
  If you are already preparing certificates, are you confident that your certificates are completed accurately? It is imperative that you have knowledge of the product, it’s components, the HTSUS and appropriate rules pertaining to them all in regards to qualification.   The most widely recognized and known FTA is the United States Mexico and Canada Agreement (USMCA), which was formerly NAFTA. As the name would suggest, this agreement is valid between the U.S., Canada and Mexico. Most companies know about USMCA, but do you know if you qualify for any of the others?   When it comes to the USMCA, Canada is very strict. They are coming back regularly and requesting support documentation. If your back up is not compliant, you are exposing yourself to liabilities that could include excessive fines and potentially being banned from importing.   We have seen many errors by companies that try to manage their own programs. Some are still using NAFTA forms years after the implementation of USMCA, many of the forms are filled out incorrectly or incompletely and numerous have classification errors.
ITM works with many companies to help coordinate their free trade programs. Together, we identify all the exported products and their components. Then, ITM analyzes both the finished product and its components for FTA eligibility, works with your vendors in identifying and analyzing all of the components of your products and complete the documentation required to support the claims of FTA eligibility.

Contact us today if you would like to review your process or begin to take advantage of any of the 14 Free Trade Agreements available.

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