The Free Trade Agreement Tariff is the preferential tariff rate that applies to imports from a country with which the United States (or any importing country) has a free trade agreement in force. FTA tariffs are typically zero or substantially below the MFN rate, depending on the specific product and the staging schedule of the agreement. Unlike GSP (a unilateral grant from the US to designated developing countries), an FTA is a bilateral or multilateral agreement that requires the partner country to extend equivalent preference to US exports. The US has 14 active FTAs with 20 countries.
Active US FTAs (2026)
| FTA | Partner countries | In force since |
|---|---|---|
| USMCA | Canada, Mexico | 2020 (replaced NAFTA) |
| US-Korea (KORUS) | South Korea | 2012 |
| US-Australia | Australia | 2005 |
| US-Singapore | Singapore | 2004 |
| US-Chile | Chile | 2004 |
| US-Bahrain | Bahrain | 2006 |
| US-Morocco | Morocco | 2006 |
| US-Oman | Oman | 2009 |
| US-Peru | Peru | 2009 |
| CAFTA-DR | Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua | 2006-2009 |
| US-Colombia | Colombia | 2012 |
| US-Panama | Panama | 2012 |
| US-Israel | Israel | 1985 |
| US-Jordan | Jordan | 2001 |
China is not a party to any US FTA. Chinese chemical imports pay the standard MFN tariff plus any applicable Section 301 and AD/CVD. There is no FTA path for China-origin product.
How FTA preference works
A US importer claims FTA preference by:
- Filing the customs entry under the special program indicator for the relevant FTA (each FTA has its own indicator: “MX” for USMCA Mexico, “CA” for USMCA Canada, “KR” for KORUS, “AU” for Australia, “SG” for Singapore, “IL” for Israel, etc.).
- Supporting the claim with a certificate of origin issued by the exporter or producer in the partner country, certifying that the product satisfies the FTA’s rules of origin.
- Maintaining records of the rules-of-origin verification for at least 5 years for potential CBP audit.
The FTA tariff replaces the MFN tariff on the entry. Section 301 surtaxes do not apply to FTA-origin product (because Section 301 targets China specifically). AD/CVD applies to the listed country of origin and may not apply to the FTA partner.
Why FTAs reshape Vietnam-vs-China sourcing
Vietnam is not a US FTA partner, but several Asian alternatives are:
- South Korea (KORUS): zero tariff on most chemicals; competitive on specialty chemicals and intermediates
- Singapore (US-Singapore FTA): zero tariff on most products; trans-shipment hub
- Australia (US-Australia FTA): zero tariff on most products; alumina, lithium chemistry, urea
- Mexico (USMCA): zero tariff on most chemicals; near-shoring proximity advantage
For a US chemical buyer evaluating sourcing alternatives to China:
| Origin | MFN tariff | Section 301 | FTA tariff | GSP | Total US duty (typical) |
|---|---|---|---|---|---|
| China | 6.0% | +25% | n/a | n/a | 31.0% (plus AD/CVD if applicable) |
| Vietnam | 6.0% | n/a | n/a | 0% (if GSP active) | 0-6.0% |
| Korea | 6.0% | n/a | 0% (KORUS) | n/a | 0% |
| Mexico | 6.0% | n/a | 0% (USMCA) | n/a | 0% |
| India | 6.0% | n/a | n/a | 0% (since 2024) | 0-6.0% |
For a routine industrial chemical, the duty differential between China and Korea or Mexico is 25-30 percentage points. The FTA path is a substantial structural cost saving for buyers who can move sourcing.
Rules of origin under FTAs
Each FTA defines its own rules of origin. The general patterns:
| Pattern | Application |
|---|---|
| Wholly obtained | Raw materials extracted or grown in the partner country |
| Substantial transformation (HS chapter change) | Product transformed enough to change HS chapter (e.g. raw materials in Chapter 25 transformed to chemicals in Chapter 28) |
| Tariff-shift rule + regional value content | Product changes HS classification at heading or subheading level AND contains specified % regional content |
| Specific process rule | Product undergoes specified processing operation |
For chemical products, the typical rule is tariff-shift plus 35-50% regional value content. A chemical produced in Korea from Chinese raw materials may not qualify for KORUS preference if the Chinese inputs constitute too much of the value. The chemistry must be substantially transformed in Korea, not merely repackaged.
How FTA tariffs catch importers off guard
Three failure patterns recur:
- Insufficient origin documentation. The certificate of origin must be authentic and supported by underlying production records. CBP audits regularly find documentation gaps and revoke FTA preference, retroactively assessing MFN duty plus interest.
- Trans-shipment claims that do not meet origin rules. Chinese product trans-shipped through a third country and claiming third-country origin frequently fails the substantial-transformation test. CBP enforcement under the UFLPA and the broader anti-circumvention framework has tightened.
- Specific staging schedules. Most FTAs phase tariff reductions over 5-15 years from entry into force. A product that is “FTA-eligible” at year 10 may have been at a non-zero rate at year 3. Always check the current year’s staging.
How FTAs interact with anti-dumping orders
AD/CVD orders apply to specific products from specific countries regardless of FTA status. A KORUS-origin product is entitled to KORUS-zero tariff but may still face AD/CVD if a Korean-specific order exists for that product. The FTA preference does not exempt the cargo from AD/CVD.
For Chinese-origin product, FTAs are not available, but the parallel preference frameworks (GSP, Section 301 exclusions, duty drawback, bonded warehouse) provide some relief.
Australia’s perspective via ChAFTA
Australia is a US FTA partner (US-Australia FTA, 2005) AND a China FTA partner (ChAFTA, 2015). For an Australian chemical importer:
- Imports from China qualify for ChAFTA preferential tariff (typically zero on most chemicals)
- Imports from the US qualify for US-Australia FTA preferential tariff
- The two preference systems do not overlap but neither blocks the other
For an Australian chemical exporter to the US: the US-Australia FTA gives zero tariff. The Australian factory must satisfy US rules of origin and provide certification at entry.
Related terms
GSP is the unilateral US preference for developing countries. Rules of Origin determines whether a product qualifies for FTA preference. Section 301 is the China-specific tariff that does not apply to FTA-origin product. Anti-Dumping Duty and Countervailing Duty apply regardless of FTA status. HTS Code classification is the entry point. ChAFTA is the parallel China-Australia FTA. Certificate of Origin is the supporting document for the FTA claim.