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# US Customs Duty Calculation

Understanding how customs duties are calculated is essential for accurate import costing and compliance. Duty calculation depends on HTS classification, customs valuation, country of origin, and applicable special duty programs.

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At a glance

Calculation factors

3

Special programs

3

FAQs

5

## Duty calculation factors

### HTS Duty Rate

The duty rate is determined by the HTS classification. Rates can be ad valorem (percentage of value), specific (per unit), or compound.

Examples: Most goods: 0-20%, Some textiles: up to 32%, Some agricultural products: specific rates

### Customs Valuation

Duties are calculated on the transaction value - the price actually paid or payable for the goods when sold for export to the US.

Includes: Price of goods, packing costs, selling commissions, assists, royalties, license fees

### Country of Origin

The country where the goods were wholly produced or underwent substantial transformation. Origin affects duty rates and eligibility for preference programs.

Impact: Different countries have different duty rates, some qualify for duty-free treatment

## Special duty programs

### Generalized System of Preferences (GSP)

Provides duty-free treatment for certain products from designated developing countries and territories.

Eligibility: Products must meet origin requirements and be from beneficiary countries

Savings: Duty-free instead of normal rates (typically 5-20%)

### Free Trade Agreements (FTAs)

US has FTAs with multiple countries providing preferential duty treatment for qualifying goods.

Examples: USMCA (Canada, Mexico), US-Korea, US-Singapore, US-Australia, and others

Requirements: Goods must meet rules of origin and obtain certificate of origin

### Section 301 Tariffs

Additional tariffs imposed on certain goods from specific countries, notably China, in response to trade practices.

Impact: Additional 7.5-25% tariffs on top of normal duty rates for covered products

Status: Some exclusions available, but most remain in effect

## Customs valuation adjustments

### Additions to Value

Certain costs must be added to the transaction value for duty calculation: packing, selling commissions, assists, royalties, license fees, and proceeds.

### Deductions from Value

Certain costs can be deducted: international transportation, insurance, loading/unloading costs after export.

### Related Party Transactions

Special rules apply when buyer and seller are related parties. Transaction value is accepted if relationship didn't affect price.

## Common compliance mistakes

Using incorrect HTS classification - leads to wrong duty rate and potential penalties

Not including required additions in valuation - underpayment results in penalties

Missing FTA eligibility - failing to claim duty-free treatment when available

Incorrect country of origin determination - affects duty rates and program eligibility

Not tracking Section 301 tariffs - additional tariffs may apply to certain goods

Assuming all goods from China have Section 301 tariffs - only specific HTS codes are covered

## Frequently asked questions

### How is customs duty calculated?

Customs duty is calculated as: Duty Rate × Customs Value. The duty rate comes from the HTS classification. Customs value is typically the transaction value (price paid) plus required additions (packing, commissions, assists) minus allowable deductions (international freight, insurance). The calculation must be done for each HTS line item.

### What is the difference between CIF and FOB for customs valuation?

CBP uses transaction value based on Incoterms. For FOB (Free On Board), the value is the price up to loading at the port of export. For CIF (Cost, Insurance, Freight), international freight and insurance are deducted from the price to arrive at the customs value. The key is the price actually paid or payable when sold for export to the US.

### How can I reduce customs duties on my imports?

Strategies include: ensuring correct HTS classification (lower rates may apply), claiming FTA preferences when eligible, utilizing GSP for qualifying goods, verifying country of origin, and considering first sale for export valuation if applicable. Professional customs advice can identify savings opportunities.

### Do Section 301 tariffs still apply to Chinese goods?

Yes, Section 301 tariffs on many Chinese goods remain in effect. Additional tariffs of 7.5% (List 4A) or 25% (Lists 1-3) apply on top of normal duty rates for covered HTS codes. Some exclusions were granted but most expired. Check current HTS coverage before importing from China.

### What is a binding ruling and when should I get one?

A binding ruling is a formal CBP decision on classification, valuation, or origin that is binding on CBP. Get one when: classification is uncertain, duty rates are significant, or you need certainty for long-term import planning. Rulings provide protection against CBP reclassification if you follow the ruling.

**Disclaimer:** This guide provides general information about customs duty calculation. Import-specific determinations require analysis of CBP regulations. Always verify current requirements with CBP resources or qualified customs professionals.

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