Chile Free Trade Agreement (CLFTA)
Information for U.S. Exporters is available through the Department of Commerce at: http://www.export.gov/FTA/index.asp
The Chile Free Trade Agreement (CLFTA) went into effect on January 1, 2004. Under the agreement most Chilean goods enter the United States free of duty and the merchandise processing fee (MPF) and virtually all will enter free by the time it is fully implemented in 2015.
To learn more about how to claim preference on these goods, select the following:
This document provides the most relevant information in HTSUS General Notes 26 and 19 CFR Subpart H.
Any claim for preferences under the CLFTA must be supported by a Certificate of Origin attesting to the imported product’s originating status. This link provides a PDF template demonstrating how such a Certificate of Origin can be structured. The template is fillable, and users may elect to use it. Its use, or adherence to its structure, is in no way compulsory. Nevertheless, pursuant to the relevant regulations, all of the data elements specified therein must still be provided upon request to CBP in connection with a claim for preferential tariff treatment.
Chile Data Elements for the Certificate of Origin - Attachment A
As an alternate to the Certification of Origin template, a free-form certification can be used by Chilean producers and exporters, and US importers, when attesting that their goods meet the requirements of the Chile FTA.
Harmonized Tariff Schedule of the United States (HTSUS) - Chile FTA General Notes 26
A current link to the general note, including the General Rules of Origin, Definitions, Value (including Regional Value Content and De Minimis), Sets, Packing and Packaging Materials, Indirect Materials, Recordkeeping and the all-important Product Specific Rules of Origin.
NOTE: On the USITC link, select the “General Notes; General rules of Interpretation; General Statistical Notes,” link, followed by “General Notes 26”.
Effective January 1, 2015 goods of Chile are not subject to quota.
Duty drawback on US goods exported to Chile began phasing out January 1, 2012 as described in 19 U.S.C. 1313(j)(4)(B) and 1313(n).
The Reconciliation Prototype is an alternate method of submitting on-going, high-volume post-importation Chile FTA claims. Like standard 19 USC 1520(d) claims, they must be made within one-year of importation and all preference program requirements and responsibilities remain in effect.
Use this tool to learn the duty that your Chilean goods will pay upon importation into the United States both today and in future years.
Additional Resources and Regulations:
The complete text of the agreement.
A current link to the e-CFR website including: Import Requirements, Filing a Claim, Regional Value Content (RVC) Certification, Post-Importation Refunds, Rules of Origin, Origin Verifications, Transshipment, and Penalties.
This publication includes the modifications to the HTSUS, the Duty Phase-Out Schedule and other important information.
Senate Report 108-116, United States-Chile Free Trade Agreement Implementation Act, 108th Congress, 1st Session
This document enacting the Chile FTA was published in the Federal Register on December 31, 2003.