Selling and exporting from Latin America under free trade agreements

This article is for brands located in Latin America (if you are a brand located in Mexico, please reference the resources on USMCA).

Please note: This content is provided for informational purposes only and does not constitute legal or customs compliance advice. Tariff rates and trade policy are subject to frequent change. Please consult a licensed customs broker or trade attorney before shipping internationally.

For more information, see our guide to selling internationally on Faire.

Does your country have a US free trade agreement?

The United States has free trade agreements (FTAs) with several Latin American countries. Products that qualify under these agreements may enter the US at reduced or zero duty rates, which can significantly lower the cost for your US retailers.

Please note: Having an FTA does not mean all products from your country automatically qualify for duty-free treatment. Each product must meet the agreement's rules of origin to qualify. These rules vary by product category and by agreement. As the exporter, you are responsible for accurately determining and declaring whether your products qualify. Inaccurate declarations can result in duties being applied, penalties, and potential liability. We strongly recommend consulting a customs broker or trade attorney to confirm eligibility.

The table below shows which Latin American countries have active FTAs with the US. If your country is not listed, your products are likely subject to standard import duties when entering the US.

Countries with a US free trade agreement

What makes a product eligible for duty-free treatment under an FTA?

To qualify for duty-free treatment under a US free trade agreement, products must meet the rules of origin for the applicable agreement. Generally, this means the product must be grown, manufactured, or substantially transformed in the FTA country, using sufficient materials and manufacturing from that country.

The specific rules of origin vary by country and by product category. As the exporter, you are responsible for accurately declaring whether your products qualify. If documentation is missing or incorrect, duties may be applied and billed to your retailers.

Can I mark my products as duty-free?

If your products qualify for duty-free treatment under an FTA, your US retailers may not owe import duties on those products. However, US retailers will still see a standard duty estimate at checkout. The actual duty charged — and whether it is waived — will be determined by US Customs and Border Protection (CBP) when the shipment clears customs, based on the documentation you include.

If a retailer believes duties were incorrectly charged, direct them to contact their carrier or customs broker, who can advise on whether a refund or post-entry correction is possible.

Do I need to provide a certification of origin for all orders?

Yes, if your products qualify for FTA duty-free treatment, you must include a valid certification of origin with every shipment for the exemption to apply. Without it, CBP will apply standard duty rates, and your retailer will be responsible for those charges.

Requirements for when the importer must present the certification to CBP vary by agreement and shipment value. It is good practice to include a certification of origin with all shipments, regardless of value.

If the certification is missing or incorrect, duties may apply and your US retailers would be responsible for paying these unexpected charges. If you forget to include it, contact your logistics provider or customs broker immediately to check if corrective documentation can be submitted, and reach out to the retailer to give them a heads-up that duties may be charged.

How do I get a valid certification of origin?

A certification of origin can come in any form, so long as it contains the following information:

1. Whether the certifier is the exporter, importer, or producer (in this case, it will be the exporter)
2. The exporter/certifier's name, title, address (including country), telephone number, and email address
3. The producer's name, title, address (including country), telephone number, and email address (if different from the exporter). If there are multiple producers, you can list each of them or state "Various"
4. The importer's name, address, email address, and telephone number. If there are multiple importers, you can list each of them or state "Various"
5. Product description and HS (Harmonized System) code:
   • The product description should be sufficiently detailed to relate it to the invoice and the Harmonized System (HS) nomenclature
   • Identify the HS tariff classification code to at least the six-digit level
   • If the certification of origin covers a single shipment of a good, provide the invoice number for the exportation (if known)
6. The applicable rule of origin under which the product qualifies — this varies by agreement and product category. Note that specific origin criteria and how they are labeled differ across agreements; consult your customs broker or the relevant agreement text to identify the correct criterion for your products
7. The country of origin
8. The certifier's signature and date, accompanied by a statement certifying the accuracy of the information and your responsibility to maintain supporting documentation

Templates for certifications of origin are available from US Customs and Border Protection, UPS, and FedEx. Note that many readily available templates are designed specifically for USMCA — ensure any template you use is adapted for your specific agreement. Faire does not provide or validate these templates and brands are responsible for ensuring their own compliance.

This content is provided for informational purposes only and does not constitute legal or customs compliance advice. Brands and retailers remain responsible for ensuring shipments comply with applicable laws and regulations. In particular, it is the responsibility of brands and retailers to confirm that all goods for which you claim preferential tariff treatment under a free trade agreement meet all of the applicable rules of origin and any other agreement requirements.