Trade tools for international sales

Trade agreements provide a more certain and predictable environment for small businesses. They can also make your products more cost competitive. The U.S. government also pursues other agreements to advance small business issues. Find out more about U.S. trade agreements with Mexico, Canada, and other trade agreements with small business provisions:

SBA’s fact sheet on the U.S.-Japan Trade Agreement: Food & Agricultural Sales provides steps to follow to fully utilize the U.S. agreement with Japan.

The United States-Mexico-Canada Agreement (USMCA) has modernized NAFTA into a 21st century, high-standard trade agreement. USMCA enters into force on July 1, 2020, replacing NAFTA. USMCA supports mutually beneficial trade leading to freer markets, fairer trade, and robust economic growth in North America.

For more information on USMCA, please visit the website of the U.S. Trade Representative, the U.S. Department of Commerce, the Government of Canada, and the Government of Mexico. 

U.S. Customs and Border Protection (CBP) also provides resources including official guidance, frequently asked questions, and a USMCA Center staffed with experts to assist with implementation. The USMCA Center is a cornerstone of CBP’s USMCA implementation plan and will serve as a central communication hub for CBP and the private sector community, including traders, brokers, freight forwarders, and producers, ensuring a smooth and efficient transition from NAFTA to USMCA. Email direct inquiries for the USMCA Center to USMCA@cbp.dhs.gov.

Find the full text of the USMCA online at the U.S. Trade Representative’s Office. Eligibility for benefits is based on meeting rules of origin found in Chapter 4 (PDF) “Rules of Origin”. Chapter 5 (PDF) “Origin Procedures” provides a list of minimum data elements to make a claim in Chapter 5, Annex 5-A. Small businesses are reminded of the importance of good record-keeping when claiming eligibility and following the laws and regulations of the destination countries.

The FTA Tariff Tool Finder can help you determine the rule of origin for goods you would like to import or export claiming  trade preference if eligible under USMCA or other U.S. trade agreements.

You can also explore the United States-Mexico-Canada Agreement Implementation Act to learn about changes required for USMCA to replace NAFTA in the United States.

What does the USMCA mean for small businesses?

The USMCA recognizes the fundamental role of small and medium-sized enterprises (SMEs) as engines of the North American economy. In fact, Mexico and Canada are the top two export destinations for U.S. SME goods. For the first time in a U.S. trade agreement, the USMCA includes a dedicated chapter on SMEs, as well as other key provisions supporting small and medium-sized businesses throughout the agreement.

To learn more about the benefits of USMCA to SMEs, please visit the U.S. Trade Representative’s USMCA SME Factsheet, Chapter 25 (PDF) of the USMCA agreement on SMEs. For additional information on benefits of the agreement, please see:

• SBA Fact Sheet: USMCA: Opportunities for Small Business
• SBA Blog on USMCA: “USMCA is More Business for Small Business”
• USMCA Fact Sheets at ustr.gov
• USMCA Issue-Specific Fact Sheets at ustr.gov

The inaugural USMCA SME Dialogue was held April 22, 2022, in San Antonio, Texas. The Dialogue is one of the commitments created by the USMCA SME Chapter. Review the agenda, presentations, the press release, and other information from the Dialogue.

The United States and Taiwan are pursuing this Initiative to strengthen and deepen the economic and trade relationship between them. This agreement was negotiated under the auspices of the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office in the United States (TECRO).

The first agreement under the U.S.-Taiwan Initiative on 21st Century Trade was signed on June 1, 2023.  It covers customs administration and trade facilitation, good regulatory practices, services domestic regulation, anticorruption, and small and medium-sized enterprises (SMEs). This agreement also has several provisions that are beneficial to SMEs, including promoting transparency online and encouraging trade opportunities between the U.S. and Taiwan.

To learn more about the agreement and opportunities for U.S. small businesses in Taiwan: 

• Read the full text of the agreement or a summary from the Office of the United States Trade Representative
• Read additional information on doing business in Taiwan from OIT’s Taiwan Country Commercial Guide or the U.S. Commercial Service AIT Office

U.S. small businesses may already be providing goods and services through U.S. government contracting opportunities. A track record of successfully delivering goods and/or services to the U.S. government domestically or in trade-related activities may help distinguish your business globally as well.

U.S. trade agreements often include commitments to provide U.S. businesses access to compete on a level playing field in agreed “covered” portions of government procurement. For assistance with sales of U.S. goods to foreign governments, explore the Office of Advocacy at the U.S. Department of Commerce.

Working with a foreign distributor or wholesaler provides another channel to market. State Trade Expansion Program (STEP) award or other programs may be available from your State to help you identify foreign partners to represent you in a market.

The commercial or economic sections of U.S. embassies and consulates may also be able to assist with questions. For food and agricultural products, U.S. Foreign Agricultural Service in foreign markets can help.

International Trade Administration Trade Missions: The U.S. Department of Commerce’s ITA organizes in-person and virtual trade events. The calendar features trade mission to export markets.

USTDA reverse trade missions: Reverse trade missions and other USTDA events are opportunities for small businesses to identify potential foreign partners and projects.

USDA Resource Partners’ State and Regional Trade Groups have ongoing trade events. Find your local partner at USDA.gov.

Knowing and following the applicable laws and regulations in the United States and where you are trading is essential to your business’ success.

U.S. Federal laws are found in the United States Code and eCFR.gov is the searchable database of U.S. regulations. 

Stay abreast of the latest developments in trade regulation in the United States by following these websites, setting up alerts, and contacting inquiry points with questions:

• Federal Register
• Federal Regulations
• Reginfo.gov

You should identify the appropriate sources in your destination countries on the official government websites. World Trade Organization (WTO) notifications may help you identify sources for information or official notifications received by the U.S. government.

Many governments, including the United States, publish import and export information online for traders. One resource for official notified information is the WTO’s TFADatabase.org.

The U.S. Department of Commerce’s Country Commercial Guides also publish information on foreign country rules from labeling and marking requirements to prohibited and restricted imports.

The Office of the U.S. Trade Representative’s (USTR) National Trade Estimate Report publishes information on regulations reported to be trade barriers in specific countries. While helpful, only official guidance from the export destination should be relied upon.

You can find basic information on importing to and exporting from the United States from U.S. Customs and Border Protection (CBP). For import information by sector or answers to questions about U.S. import or U.S. export regulations, contact the appropriate industry-specific CBP Center of Excellence.

Small businesses often cite challenges related to technical regulations like product packaging, marking and labeling, and unique plant and animal health regulations. To decrease opportunities for regulations and provide comments, as well as information on new rules and how to comply, Standards.gov provides tools, programs, services, and educational resources about standards and conformity assessment.

The United States has inquiry points for notification of foreign technical barriers for trade (TBT) and sanitary/phytosanitary concerns (SPS) where you can direct technical inquiries on U.S. and international regulations.

Similar to when placing products on the U.S. market, when you export to foreign markets you will need to meet any technical requirements and may need to provide conformity assessment results or certifications before you can place your product on the market.

U.S. small businesses and individuals can sign up for the WTO’s ePing service for free, web-based email alerts for opportunities to review and comment on proposed foreign technical regulations and conformity assessment procedures that can affect your businesses and access to international markets. 

U.S. food and agricultural exporters can learn more on foreign requirements, regulations and preferences from the U.S. Department of Agriculture’s (USDA) Foreign Agricultural Service (FAS). FAS publishes country-specific reports, known as GAIN Reports, on food and agricultural import regulations and standards, exporter guides and other tailored reports. Food and agricultural exporters can direct country-specific questions about certifications, documentation, and registration requirements to the relevant USDA Foreign Agricultural Service (FAS) expert or the appropriate USDA State Regional Trade Group.

Your business structure and location will influence which taxes your business has to pay to the U.S. federal, state, and local levels. When exporting, you also need to factor in foreign taxes and fees that may apply. 

Some countries require payment of a Value Added Tax (VAT) in addition to tariffs. The United States-Mexico-Canada Agreement (USMCA) created commitments specific to express delivery services in both taxes and tariffs. Under USMCA, Canada will raise its de minimis level for the first time in decades, from C$20 to C$40 for taxes. Canada will also provide for duty free shipments up to C$150. Mexico will continue to provide USD $50 tax free de minimis and also provide duty free shipments up to the equivalent level of USD $117.

No customs duties or taxes will be assessed at the time or point of importation for express shipments valued at or below a fixed amount set out under the law, provided that the shipment does not form part of a series of shipments carried out or planned for the purpose of evading duties or taxes, that cover customs duties and taxes.

Taxes and procedures vary across markets. For example, when shipping to the European Union all exporters must register for the VAT regardless of the value of the shipment. Your local Small Business Development Center or U.S. Export Assistance Center may be able to provide general information on taxes and tax programs for exporters, such as Canada’s Non-Resident Importer Program. The Organisation for Economic Co-operation and Development (OECD) also maintains general information on how to register your company for a Tax Identification Number or the functional equivalent in about 100 countries. We recommend that you check this information against information provided by the tax authority in the country.

The United States has tax treaties with a number of foreign countries. These reduced rates and exemptions vary among countries and specific items of income.

Calculating the right price and being cost-competitive are important factors for international business. Use the following resources to help you determine duties and tariffs when selling overseas or bringing in inputs:

• Customs Info Database for searching foreign tariffs on U.S. exports
• FTA Tariff Tool for foreign markets with U.S. free trade agreements
• Section 232 Information
• Section 301 Information
• Anti-Dumping/Countervailing Duty Federal Register Notices
• Foreign antidumping and safeguard investigations

To determine how to classify products for import into the United States, search the latest Harmonized Tariff Schedule maintained by the U.S. International Trade Commission. Small businesses can direct questions about the U.S. Harmonized Tariff Schedule to the appropriate USITC staff member by submitting questions on HTS Help. Additionally, CBP publishes its existing advance rulings for products which may help small businesses classify their own goods or request a binding advance ruling for imports from CBP.

There are many policy innovations and resources to help move your goods across borders faster and with more certainty, but you still must trade compliantly and follow the rules enforced by the United States and other countries. Use the following resources to help you navigate the process of transporting your products across international borders:

• U.S. CBP Centers of Excellence Industry Specific Centers
• United States Automated Commercial Environment (ACE)
• Request U.S. CBP Advance Rulings and Legal Decisions
• Search U.S. CBP Customs Rulings Online Search System (CROSS)
• Video: Introduction to the CBP Import Process
• U.S. CBP Small Business Outreach Program
• Importing and Exporting Business Samples & ATA Carnet Temporary Admission Program

CBP publishes Tips for New Importers and Exporters and the Basics of Importing and Exporting, which includes all CBP duties, taxes, and fees.

Importers and exporters looking for customs assistance in the United States can contact the U.S. WTO Trade Facilitation Inquiry Point by visiting help.cbp.gov or calling 877-CBP-5511 (877-227-5511). CBP also provides Centers of Excellence Industry Specific Centers with experts at each port that can be contacted with questions.

The U.S. Census Bureau requires that Electronic Export Information (EEI) be filed for export shipments over $2,500 per classification number, as well as all exports of used vehicles and exports requiring a U.S. license regardless of value. To learn more about how to file your EEI, explore Census Bureau foreign trade resources including videos in English and Spanish to walk you through the steps and review EEI frequently asked questions (PDF).

It is important to follow the rules of importing and exporting. Many small businesses find it helpful to employ brokers such as customs brokers (importing) or freight forwarders (exporting) to manage the process.

CBP maintains a list of licensed customs brokers for importing for each point of entry into the United States.

When exporting, you can learn about the use of customs brokers in foreign markets through the WTO TFA Database.

The Federal Maritime Commission (FMC) publishes a list of all licensed and bonded ocean transportation intermediary (OTI) companies for exporters and their fees, (also known as tariffs). There are two primary categories of ocean shipping intermediaries, with a separate licensing process for foreign providers:

• Ocean freight forwarders: Act on a shipper’s behalf. The receipt for the goods, known as the bill of lading, will come from another source.
• Non-vessel-operating common carriers (NVOCCs), domestic or foreign: Purchase space on vessels, fill vacant slots in ocean shipping, and offer port-to-port services by issuing their own bill of lading. 

When considering a potential contract with an OTI, small business can also review 46 CFR 545 for information on the minimum information that should be provided regarding demurrage and detention. FMC provides a hotline staffed by experts from the Licensing, Registration and/or Proof of Financial Responsibility division that can be reached by phone at 202-523-5843 or by email at oti@fmc.gov.

Small businesses are ultimately responsible for the correctness of the export and import documentation filed on their behalf and should work with knowledgeable companies that are also compliant traders. If you are unlicensed and providing any of the services regulated by FMC, you do want to come into compliance. Apply for an ocean freight forwarder and/or an NVOCC license with the FMC. Get started on your application.

When exporting and importing, your products may be required to be inspected or obtain licenses or certificates. An overview of requirements can be found in Basic Importing and Exporting issued by the U.S. Customs and Border Protection (CBP). To find information about specific export market requirements for inspections, licensing and certificates, we encourage you to review Commerce’s Country Commercial Guides and USDA’s GAIN reports.

The U.S. Food and Drug Administration (FDA) is responsible for protecting the public health by ensuring the safety, efficacy, and security of human and veterinary drugs, biological products, and medical devices; and by ensuring the safety of the nation’s food supply, cosmetics, and products that emit radiation. You can find overall information on importing these products through the FDA Import Program. Questions about importing or exporting human drugs, including over-the-counter medication, can be directed to FDA’s Center for Drug Evaluation and Research small business and industry assistance staff.

In some markets, you may be asked for a certificate or a certificate of free sale. U.S. exporters should research in advance if any of these certificates are necessary and ensure they are completed before shipping products to certain countries. Information, including inquiry points by sector, can be found in FDA’s export certification guidance. Companies with USDA organic certifications may further benefit from organic equivalence arrangements between the United States and certain trading partners.

You should be aware that all commercial imports of food and beverage products require the filing of prior notice with FDA and, if the products contain meat, egg, milk, poultry, or other animal origin products, they may require permits, health certificates, and/or other specified certifications from the country of origin. Foreign manufacturers and/or distributors of food products must register with FDA before their goods may be admitted.

If the product you wish to import is a plant, animal, or animal product, you should consult USDA. The product may be prohibited or restricted from entering the United States. USDA’s Food Safety Inspection Service (FSIS) is responsible for assuring that U.S. imported meat, poultry, and processed egg products are safe, wholesome, unadulterated, and properly labeled and packaged. FSIS also provides health certificates for export of these products. You can find more information on the FSIS Import and Export Library. To inquire about the admissibility of meats, livestock, poultry, and their products intended for resale, contact USDA’s toll-free FSIS Meat and Poultry Hotline at 888-MPHotline (888-674-6854).

USDA’s Animal and Plant Health Inspection Service (APHIS) oversees U.S. regulations on fruit, vegetable, animal, and animal product imports to prevent the inadvertent introduction of harmful organisms and diseases. APHIS publishes guidance on sanitary/phytosanitary measures relating to both importing and exporting to assist with compliance and provides export certificates to assist U.S. exporters as appropriate and upon request. Find contact points for APHIS.

For information on requirements related to the environmental protection, such as for chemicals, vehicles and engines, pesticides, you will want to consult the EPA Requirements for Importers and Exporters.

Exporters and importers may face additional permit requirements potentially if the products are listed under regulations such as those related to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). These permits and certificates (PDF) are managed by the U.S. Fish and Wildlife Service.

For information on safety requirements for consumer goods, you will want to consult the Consumer Product Safety Commission.

Some markets, including the United States, require import licenses for specific products. You can find information on import licensing regimes of WTO members on the Import Licensing Practice by Members page at WTO.org.

The United States imposes export controls and sanctions to protect national security interests and promote foreign policy objectives. When exporting goods internationally, you should determine what authorization is required for your export either through the U.S. Department of State or the U.S. Department of Commerce. You also need to consider if there are sanctions on the countries, entities or individuals involved in any part of your transaction.

The Department of State’s Directorate of Defense Trade Controls (DDTC) administers the International Traffic in Arms Regulations (ITAR) process that controls items, information, or activities that could be used for threatening foreign military purposes, whether actual products (defense articles) or assistance (defense services). Review the U.S. Munitions List first to determine if you must be registered and apply for an export license under ITAR. For questions about the ITAR controlled products and relevant license renewals, contact the U.S. Department of State’s DDTC Response Team at 202-663-1282 and by email at DDTCCCustomerService@state.gov.

The Department of Commerce’s Bureau of Industry and Security (BIS) administers and enforces the Export Administration Regulations (EAR), which primarily regulate the export and reexport of dual-use items (items with both commercial and military applications) and less sensitive military items (commodities, software, and technology). Watch “Export Controls: A Quick Start Guide” for an overview of BIS and how to determine if you need an export license. Review the EAR to determine if your product is subject to the EAR and requires BIS authorization prior to export.  You will need to know the Export Control Classification Number (ECCN), country of destination, end user(s) and end use of your product to determine if you need an export license from BIS.  You may request BIS to determine the ECCN of your product using the Simplified Network Application Process Redesign (SNAP-R) web portal.  Once you know your ECCN, you may use the Commerce Country Chart to determine if you require an export license based on the ECCN and country of destination.

BIS has a webpage for small business with links to useful resources, training videos, and a contact form for further assistance. BIS’s compliance page offers guidance on how to set up an export compliance program (ECP), due diligence best practices, and information related to identifying red flags.  You may also submit your ECP to BIS for review at no cost.

BIS offers free counseling on export controls via phone at 202-482-4811 (open Monday-Friday, 8:30am-5pm ET) or 949-660-0144 (open Monday-Friday, 8:30am-5pm PT). BIS also offers on-demand information for specific issues, such as exporting to Russia or Belarus and tips on how to avoid dealing with unauthorized parties.

When selling or investing internationally, you must also comply with the Treasury Department’s Office of Foreign Assets Control (OFAC) sanctions programs. These programs cover countries and foreign nationals restricted for foreign policy and national security goals. On OFAC’s website, you can find information on country specific sanctions programs. Small businesses can find information on TSRA licenses to provide agricultural or medical products or devices to OFAC Destinations. Questions on Treasury Department’s sanction programs can be directed by email to ofac_feedback@treasury.gov and via the OFAC Hotline at 202-622-2480.

Use the consolidated screening list to screen the parties to your export transaction (e.g., purchasers, intermediate consignees (such as forwarding agents), ultimate consignees, end-users). The consolidated screening list includes names of individuals and entities for which the U.S. Departments of Commerce, State, and the Treasury maintain restrictions on certain exports, re-exports, or transfers of items.

It is important to note that certain foreign investments and domestic real estate transactions can be subject to inspections by the Committee on Foreign Investment in the United States.

If you conduct business abroad, you should be aware of the foreign labor laws that might apply to you in addition to the U.S. rules for hiring and managing employees. 

There may be specific rules regarding business visitors in addition to hiring. For example, the United States-Mexico-Canada Agreement includes a mechanism for temporary entry of certain businesspersons between the countries. Learn more about the Temporary Work Visa under NAFTA program in the United States.

Legal disputes are common when selling internationally. Take the necessary steps to protect your business when issues arise by educating yourself with the following resources:

• E-Allegations for reporting unsafe and/or fake goods
• Exclusion Order assistance tackling patent violating imports (TRAO)
• Counseling for potential petitions for anti-dumping or countervailing duties
• Information on foreign anti-dumping and countervailing duty investigations
• Information on foreign trade actions

Additionally, small businesses importing can direct questions about anti-dumping and countervailing duties to Enforcement and Compliance Communications at 202-482-0063 and eccommunications@trade.gov.

SBA’s National Ombudsman helps U.S. small businesses when they experience excessive or unfair U.S. federal regulatory enforcement actions, including when engaging in international trade.  If you believe you qualify for assistance, submit a comment and supporting documentation to the SBA National Ombudsman.