CBP Side-by-Side for 16 FTAs and Preference Programs (for Non-Textile Products)
U.S. Customs and Border Protection has posted a document to its Web site that provides side-by-side comparisons of the following 16 Free Trade Agreements and Preferential Trade Programs:
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| AGOA | CBERA | GSP |
| ATPA/ATPDEA | CBTPA |
GSP is the oldest preference program; it began in 1976. CBERA came next in 1984.
27 Provisions Compared
CBP's Side-by-Side compares 27 provisions, including primary compliance responsibility, Merchandise Processing Fee (MPF) exemptions, direct shipment, rules of origin, documentation requirements, regional value content, de minimis, inventory management methods, port-importation claims, reconciliation claims, etc.
Examples of CBP's comparisons included the following:
Primary compliance responsibility. Under NAFTA, the exporter is primarily responsible for compliance, while under all the other programs, the importer has primary compliance responsibility.
MPF exemptions. Under GSP, the MPF is only exempt for lesser developed countries, for the other FTAs and Preference Programs it varies - the MPF can be exempt for originating goods only, exempt for all goods, not exempt at all, etc.
Documentation at time of claim. Most only require a "freeform" supporting statement with 10 elements2, to be available upon request by CBP; however NAFTA, CBTPA, and ATPDEA do require certain documentation to be in the importer's possession at the time the claim is made.
Direct shipment (transshipment) requirements. The preference programs, as well as a portion of the FTAs, do not allow the goods to leave Customs control.
Regional value content calculation. These vary. Some have a 35% requirement for materials and direct costs of processing; some are build-up, build-down, and net cost; NAFTA is transaction value and net cost, etc.
Note: CBP states that these Side-by-Sides are for comparative purposes and are not legally binding.
1DR-CAFTA is also abbreviated as "CAFTA-DR."
2rather than a freeform declaration, for the Israel FTA, it is a Form A
(See ITT's Online Archives or 08/05/09 news, 09080505, for BP summary of CBP's list of FTA and Trade Preference Program MPF exemptions (includes textiles).
See ITT's Online Archives or 09/14/07 news, 07091415, for BP summary of 2007 Side-by-Side.)
CBP FTA/Preference program side-by-side (dated 10/26/09) available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/international_agreements/fta_comparison.ctt/fta_comparison.pdf