Trade agreements and preferential duty
When an agreement cuts your duty to zero, what you must prove, and the current status of the main deals, including USMCA and EU-Mercosur.
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An agreement only cuts your duty if the goods originate under its own rules and you can prove it on the day customs asks. Shipping from a partner country isn't enough, and neither is being a company based there. The WTO counted 388 regional trade agreements in force on 1 October 2026, each with its own rules, so "we have an FTA with them" is the start of the question, not the answer.
Four tests before you claim
- Is the deal in force for this pair of countries, on this date? Some apply provisionally, or phase in cuts over years.
- Does the tariff line get a reduction? Agreements exclude products or phase them in. Your code has to be right first, which is why HS classification comes before everything else.
- Do the goods originate? Each product has a rule: wholly obtained, a change of tariff heading, a value-content threshold, or a specific process. Merely repacking or labelling usually fails.
- Can you prove it, and do the shipping rules hold? That means the right origin document and records, and direct shipment if the deal requires it.
Being wrong on any of these turns a saving into a duty bill, usually with interest, and sometimes a penalty.
Is the saving worth the compliance?
As an illustration, a shipment of 40,000 in value at a 12% general rate saves 4,800 if it qualifies. Now compare that with the cost of proving origin for one product line, per year:
| Item | Annual cost |
|---|---|
| Duty saved on 6 shipments of 40,000 at 12% | 28,800 |
| Supplier declarations and bill-of-materials check | -2,500 |
| Broker or consultant review | -1,500 |
| Net saving | 24,800 |
At a 2% general rate the same goods save just 4,800 a year, and the cost of the paperwork takes 4,000 of it. Run the sum for each product, because a claim on a low-rate line may not pay for its paperwork. The compliance figures here are examples: put in your own.
The main deals and their current status
| USMCA | US, Mexico, Canada | In force. The US didn't agree to renew it at the 1 July 2026 joint review, so Article 34.7 calls for a joint review every year. A certification with nine minimum data elements in any format |
|---|---|---|
| EU-UK Trade and Cooperation Agreement | EU, UK | In force. Claim on a statement on origin or the importer's knowledge |
| EU-Mercosur interim trade agreement | EU, Argentina, Brazil, Paraguay, Uruguay | Provisionally applied since 1 May 2026 |
| AGOA (one-way US preference) | US, eligible sub-Saharan countries | Effective through 31 December 2026, including the apparel and third-country fabric programmes. We found no further extension as of 5 November 2026, so watch that date. It doesn't remove Section 301 or Section 232 duties unless an exemption says so |
This isn't a full list. Others, such as CPTPP, RCEP and the many EU and UK deals, work on the same four tests.
In the US, a zero rate may not mean zero duty
Most additional US duties aren't removed by an FTA. The note to the July 2026 Section 301 duties applies them to goods eligible for special tariff treatment, unless an exemption says otherwise. Canada and Mexico have one for USMCA goods. Other FTA partners, such as Australia or South Korea, should check the heading for their origin, and CAFTA-DR textile goods have their own exemption. A qualifying claim still removes the general rate, so it can still be worth making. See US tariff changes.
Records and the bill if you get it wrong
Keep supplier declarations, bills of materials and costings. For the EU-UK deal, HMRC's guidance says importers keep their records for 4 years from importation, whether you claim on a statement on origin or on importer's knowledge. In practice, the supplier who wrote "made in X" on an invoice isn't giving you evidence of origin under an agreement. The difference is explained in country of origin.
Frequently asked questions
Can I claim a preference after the goods have cleared?
Often yes, within a set time limit, by amending the declaration. The limit differs by country and agreement. Ask your broker before the window shuts.
Does an FTA reduce VAT?
No. Agreements cut customs duty. Import VAT falls only slightly, because the base no longer includes that duty.
Sources
- WTO: Regional trade agreements, checked 5 November 2026
- CBP: USMCA, checked 5 November 2026
- USTR: Statement on the USMCA joint review, 1 July 2026, checked 5 November 2026
- USTR: USMCA chapter 34, final provisions, checked 5 November 2026
- USTR: Notice of actions on forced labor import prohibitions, 28 July 2026, checked 5 November 2026
- Proclamation implementing the Consolidated Appropriations Act 2026, AGOA, 22 May 2026, checked 5 November 2026
- HMRC: Claiming preferential rates of duty between the UK and EU, checked 5 November 2026
- HMRC: Proving originating status for trade between the UK and EU, checked 5 November 2026
- European Commission: EU-Mercosur interim trade agreement starts to provisionally apply, checked 5 November 2026
- European Commission: Provisional application of the EU-Mercosur agreement from 1 May 2026, checked 5 November 2026