Peru Trade Promotion Agreement (PETPA)
The Peru Trade Promotion Agreement (PETPA, sometimes referred to as the Peru FTA) went into effect on February 1, 2009. A large majority of Peruvian goods currently enter the United States free of duty and merchandise processing fee (MPF) and virtually all will enter free by the time the agreement is fully implemented in 2025.
Information for U.S. Exporters is available through the Department of Commerce at: 2016.export.gov/FTA/index.asp.
Information from the Government of Peru, including a bilingual Certification of Origin Template is available at http://www.acuerdoscomerciales.gob.pe/index.php?option=com_content&view=category&layout=blog&id=55&Itemid=78
To learn more about how to claim preference on these goods, select the following:
If you have filled out a certification of origin but cannot substantiate the originating status of the goods therein, you are required to notify all recipients of said certification and the country of export.
This document provides the most relevant information in HTSUS General Notes 32 and 19 CFR Subpart Q.
Any claim for preferences under the Peru Trade Promotion Agreement 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. Note that a bilingual Certification of Origin Template is available from the Government of Peru at http://www.acuerdoscomerciales.gob.pe/index.php?option=com_content&view=category&layout=blog&id=55&Itemid=78.
Data Elements for the Peru TPA Certification of Origin - 19 CFR 10.904
As an alternate to the Certification of Origin template, a free-form certification can be used by Peruvian producers and exporters, and US importers, when attesting that their goods meet the requirements of the Peru TPA.
Harmonized Tariff Schedule of the United States (HTSUS) - Peru TPA General Notes 32
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, Indirect Materials, Recordkeeping and the all-important, Product Specific Rules of Origin. (a.k.a. PSRs or tariff-shift rules)
NOTE: On the USITC link, select the “General Notes; General rules of Interpretation; General Statistical Notes,” link, followed by “General Notes 32”.
The following Peru TPA goods may be subject to a reduced tariff rate quota (TRQ): sugar, milk and dairy. Click here for an overview of quota. Go to the Commodity Graph Report for current fill levels. Go to the TPL Threshold to Fill List to see almost closed and closed quotas.
The reconciliation prototype is an alternate method of submitting on-going, high-volume post-importation Peru TPA 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.
Additional Resources and Regulations:
Peru Trade Promotion Agreement (TPA) Text: The complete text of the agreement.
Peru TPA Regulations: 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.
USITC Publication 4058: This publication includes the modifications to the HTSUS, the Duty Phase-Out Schedule and other important information.
Peru TPA Implementation Act-House Report: House Report 110–421, United States-Peru Trade Promotion Agreement Implementation Act, 110th Congress, 1st Session
Presidential Proclamation 8341: This document enacting the Peru TPA was published in the Federal Register on January 22, 2009.