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Free Trade Agreements in Action: Saving Duties Under USMCA and Beyond

October 28, 2025

Introduction

If you import into the United States and you are not exploiting Free Trade Agreements, you are likely leaving money on the table. Properly using the U.S.–Mexico–Canada Agreement, and the other U.S. FTAs, can eliminate ordinary customs duties, reduce or eliminate the Merchandise Processing Fee in specific cases, and even recover duties you already paid when you missed a claim. This guide explains how, with practical steps and current rules.

What “saving duties” really means

  1. Zeroing out MFN duties. If your goods qualify as “originating” under an FTA’s rules of origin, you pay the preferential rate, commonly free of duty. The official list of U.S. FTAs covers 14 agreements with 20 countries, including USMCA, CAFTA-DR, KORUS, Australia, Chile, Peru, Panama, Morocco, Bahrain, Oman, Israel, Jordan, Singapore, and Colombia. Customs and Border Protection
  2. USMCA and the MPF. Under USMCA, originating goods and TPL goods can be exempt from the Merchandise Processing Fee, but only if you claim at the time of entry. You cannot get an MPF refund later with a post-importation claim. FedEx+1
  3. Post-importation refunds when you missed the claim. If your goods qualified at import, but you failed to claim the FTA, you can file a post-importation claim within one year of the date of importation under 19 U.S.C. 1520(d) and 19 CFR 182.31–.33 for USMCA. eCFR+1
  4. Tariff surcharges and FTAs. In 2025 the U.S. added new IEEPA-based reciprocal tariffs. USMCA can matter even more now because qualifying USMCA-originating goods may be excepted from certain IEEPA surcharges on Canada or Mexico when properly claimed with the USMCA SPI. Verify each program’s exception language for your HTS. Customs and Border Protection+1
  5. Know where rules live. For USMCA, detailed regulations and procedures are in 19 CFR Part 182 and in the agreement text Chapters 4 and 5. These specify rules of origin, the certification data elements, recordkeeping, verification, and the one-year refund window. GovInfo+2United States Trade Representative+2

USMCA, the most used duty-saving tool in North America

The rule of origin basics you will use most

  • Tariff shift or RVC. Most products qualify through a required tariff classification change and, in many cases, a Regional Value Content calculation. Automotive goods have special, higher RVC and extra conditions such as Labor Value Content and steel/aluminum purchasing thresholds. United States Trade Representative+1
  • De minimis tolerance. For many non-textile products, up to 10 percent of the value can be non-originating and still qualify, subject to exclusions. This is often what gets borderline bills of material across the line. Customs and Border Protection+1
  • Accumulation and self-production. Treat inputs made in any USMCA country as if they were made in your country when you build RVC, and consider designating intermediate materials to improve calculations. (See USMCA Chapter 4.)

How to make a valid claim, fast

  • No prescribed certificate form. USMCA does not use the old NAFTA Form 434. Any format is acceptable as long as it contains the nine required data elements in Annex 5-A, and it may be signed by the importer, exporter, or producer. Customs and Border Protection
  • Importer claims are allowed. The importer can certify origin and claim at entry in ACE, or file a post-importation claim within one year when a claim was missed. Keep all supporting records. Legal Information Institute
  • Automotive submissions. Use CBP’s Automotive Certification Portal for Steel, Aluminum, and Labor Value Content certifications. trade.cbp.gov

About the MPF under USMCA

  • When you can save it. If your goods are originating or entered under a TPL, USMCA can exempt MPF, but the claim must be on the original entry. Post-importation 1520(d) claims do not generate MPF refunds. FedEx+1
  • Know the current MPF amounts. The ad valorem rate remains 0.3464 percent, with the formal entry minimum and maximum adjusted for inflation each October 1. For FY 2026, the minimum is $33.58 and the maximum $651.50. Plan claims accordingly. Atron Global Logistics+1

“Beyond” USMCA, other FTAs that save money every day

Different FTAs use different rules of origin and paperwork conventions. Your compliance program should be agreement-specific.

  • CAFTA-DR. Claim with a certification of origin and support origin under Annex 4.1. There is no single mandated form, but the origin statement must include the right data. Customs and Border Protection+2Trade.gov+2
  • KORUS. Strong option for Asia-linked supply chains that can be re-tooled to Korean content. Originating goods under KORUS are exempt from MPFCustoms and Border Protection
  • Chile, Peru, Panama, Colombia, Australia, Bahrain, Oman, Morocco, Israel, Jordan, Singapore. These agreements have their own ROOs. Some, like Peru, Korea, Colombia, and Panama, have statutory MPF exemptions in 19 U.S.C. §58c. Align your sourcing to take advantage. Trade.gov+1

Tip. When an FTA does not have a statutory post-importation route, you may still be able to correct an entry through a Post Summary Correction, but for programs that do provide 1520(d), use 1520(d), and mind the one-year clock. GovDelivery+1

Practical playbook to capture savings

  1. Map your HTS and suppliers to the right FTA. Use the Trade.gov ROO lookup by HS code to see whether tariff shift or RVC applies, and which agreement best fits your bill of materials. Trade.gov
  2. Engineer your BOM to qualify.
  3. Move value-added operations into a USMCA or other FTA country to meet tariff shift.
  4. Use accumulation with partners in Canada or Mexico.
  5. Apply the 10 percent de minimis where permitted to ignore small non-originating inputs. Customs and Border Protection
  6. Lock in documentation. Build a standard certification template that captures the nine USMCA data elements and the specific ROO reference, and align comparable templates for your other FTAs. Customs and Border Protection
  7. Claim correctly at entry. File the USMCA or other FTA SPI on the original entry to secure the preferential rate, and the MPF exemption when the agreement allows it at entryFedEx
  8. Audit and recover. Run monthly audits for missed claims and submit 1520(d) refunds within one year for USMCA and for the FTAs that require 1520(d) as the exclusive post-importation route. eCFR+1
  9. Watch tariff overlays. For 2025 reciprocal or IEEPA-based tariffs, validate whether your USMCA claims provide exceptions, and document the legal basis in the file. Customs and Border Protection+1

Common pitfalls that cost importers real money

  • Using an old NAFTA form. USMCA does not use CBP Form 434. Use a free-form certification with all nine data elements. Customs and Border Protection
  • Expecting MPF refunds on late USMCA claims. You can get duty back with a 1520(d) claim, but not the MPF. trade.cbp.gov
  • Under-documenting RVC. Especially in auto and machinery, you need workpapers that reflect the correct method and averaging rules. See 19 CFR Part 182, including Subpart I for autos. eCFR
  • Missing the one-year deadline. After one year, a USMCA 1520(d) refund is time-barred. Build alerts in your compliance calendar. eCFR

Updated 2025 quick references you can share with your team

How Stile Associates helps you capture the savings

  • Qualification and engineering. We analyze your BOMs against the correct ROO, apply de minimis and accumulation, and suggest cost-effective shifts in sourcing or processing to qualify.
  • Documentation that stands up. We build agreement-specific certification templates, RVC workpapers, and recordkeeping packages that pass CBP verification.
  • Entry accuracy, every time. We file claims correctly at entry to secure the preferential rate and, where permitted, the MPF exemption.
  • Duty recovery. We audit historical entries and file USMCA 1520(d) claims within one year to get your cash back.
  • Tariff overlay strategy. We evaluate the interaction between USMCA and 2025 IEEPA-based tariffs and document exceptions when available, shipment by shipment. Customs and Border Protection

Quick FAQ

Do I still need a certificate under USMCA?
Yes, but there is no prescribed form. Provide the nine Annex 5-A data elements, and keep your support for five years. Customs and Border Protection

Can I get a refund if I forgot to claim USMCA at entry?
Yes. File a 1520(d) post-importation claim within one year. You can recover duties, but not MPF. eCFR+1

Are auto rules still stricter than before?
Yes. RVC, Labor Value Content, and steel/aluminum purchasing requirements apply, with dedicated certification workflows. eCFR

Where do I find ROOs for other FTAs?
Use Trade.gov’s ROO tool and the USTR or CBP pages for each agreement. Trade.gov

References

U.S. Customs and Border Protection (CBP). U.S. – Mexico – Canada Agreement (USMCA) – Overview. Retrieved from CBP website. Customs and Border Protection

Electronic Code of Federal Regulations (eCFR). 19 CFR Part 182 — United States-Mexico-Canada AgreementeCFR+1

CBP. Chapter 4 – Rules of Origin (USMCA)trade.cbp.gov

CBP. USMCA – Frequently Asked Questions (FAQs)Customs and Border Protection

Office of the United States Trade Representative (USTR). USMCA Text – Chapter 4 Rules of Origin (PDF)United States Trade Representative

International Trade Administration (ITA), U.S. Department of Commerce. USMCA OverviewTrade.gov

Trade.gov. Identify and Apply Rules of OriginTrade.gov

CBP / related trade compliance article. Interim Final Rule for USMCA Implementing Regulationsghy.com

Law.Cornell and other sources. 19 CFR § 182.31 – Right to make post-importation claim for preferential tariff treatment and refund dutiesLegal Information Institute+1

Law.Cornell. 19 CFR § 182.32 – Filing procedures (post-importation claim)Legal Information Institute

Trade Compliance commentary. Customs Ruling Clarifies Documents that May be Required for USMCA Post-Entry Claimsbarnesrichardson.com

CBP. Rules of Origin – General (NAFTA archive)Customs and Border Protection

CBP – Rules of Origin publication. Customs and Border Protection

Article/commentary. Uniform Regulations Detail U.S.-Mexico-Canada Agreement’s Rules of Origincov.com

Why Choose Stile Associates

  • Trusted since 1968: Over 55 years of experience serving U.S. importers and global clients.
  • Licensed U.S. Customs Brokers: Our team understands complex CBP regulations and policy updates.
  • Technology-Driven Solutions: Real-time customs data, automated alerts, and document retention tools.
  • Personalized Service: Each client is assigned a dedicated account manager for direct communication and follow-up.
  • Commitment to Compliance: We help you reduce risk, save time, and maintain credibility with your trade partners and CBP
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Stile Associates: Your Trusted Partner in a Volatile World

In an environment defined by uncertainty and risk, a business needs a partner with a deep foundation of expertise, a history of proven success, and a forward-thinking approach. Stile Associates stands as that partner, offering a comprehensive suite of services built to navigate the complexities of the modern global trade landscape. The company’s unique value proposition is rooted in its foundational knowledge, strategic methodology, and unwavering commitment to client success.

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Our Foundation of Expertise and Quality Recognition

Since its founding in 1968, Stile Associates has been a licensed U.S. Custom Broker with a team of “numerous licensed customs brokers” who are constantly retraining and updating their services to remain at the forefront of the industry. This extensive experience and deep bench of talent provide clients with the peace of mind that their shipments are being handled by seasoned professionals who are aware of “the ever changing customs rules and regulations”.

Beyond our history and licensure, Stile Associates has earned quality certifications that are a direct benefit to clients. The company is C-TPAT certified, a recognition from U.S. Customs and Border Protection (CBP) of a commitment to security and compliance. This certification offers tangible benefits, including faster clearance times and a lower likelihood of physical inspections, which directly reduces delays and disruptions to the supply chain. Additionally, Stile Associates is IATA-CNS and hazardous materials certified, demonstrating a comprehensive capability to handle a wide range of specialized shipments with the utmost care and professionalism.

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The Strategic Imperative: Why an Expert Partner is Non-Negotiable

Given the unpredictable and complex nature of this new global trade landscape, the notion that a business can effectively navigate these waters alone is becoming a dangerous fiction. The challenges are no longer confined to the occasional customs form; they are an integral and continuously shifting part of the business environment. For a business to remain competitive and resilient, it must view trade compliance not as a reactive administrative burden but as a proactive and strategic function, best handled by specialized professionals.

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Final Thoughts

At Stile Associates, we believe the true future of freight lies in the powerful synergy between cutting-edge technology and irreplaceable human expertise. It’s about leveraging innovation not to replace the human element, but to enhance it—freeing up our experts to focus on what they do best: providing personalized guidance, strategic advice, and the exceptional service you deserve.

As we look ahead, we are excited by the opportunities that new advancements will bring. But our core mission, unchanged since 1968, remains the same: to be your most trusted partner in navigating the complexities of global trade. We are committed to blending today’s needs with tomorrow’s technology, all while delivering the boutique-quality service you’ve come to expect.

Is your business ready to embrace the future of freight? Contact Stile Associates today for a consultation, and let’s build a smarter supply chain together.

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We’re not just a broker; we’re your strategic compliance partner.

Since 1968, our clients have trusted us to:

  • Navigate regulatory shocks
  • Deliver personal service from our NYC, Miami, and LA offices
  • Build resilient import strategies that drive growth

In this new trade era, trust is everything , and that’s why importers stay with Stile for years.

Why Work With Stile Associates

Final Call to Action:

Ready to take control of your shipping costs?

Let’s talk. Contact Stile Associates for a free consultation and let our experts audit your current process, to help you streamline your operations, stay compliant, and save money.

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Choose Stile, Your Smartest Move in Global Trade

Whether you’re shipping across the country or across continents, Stile Associates is your strategic partner for building a smarter, more resilient supply chain.

Since 1968, we’ve been delivering peace of mind and performance. Let’s take your logistics to the next level together.

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