The U.S.-Australia Free Trade Agreement (AUSFTA) is a bilateral free trade agreement implemented by Pub. L. 108-286 and entered into force January 1, 2005. Tariffs on virtually all industrial and consumer goods were eliminated immediately or phased out over 10-18 years; nearly all categories are now duty-free as of 2026.
Origin rules. AUSFTA uses product-specific rules combining tariff shift and regional value content tests. RVC build-up is 35%; build-down is 45%. A 10% de minimis tolerance applies to most products (lower for textiles).
Special features:
- Agricultural carve-outs — beef, dairy, sugar, peanuts, cotton, and tobacco are subject to tariff-rate quotas or extended phase-outs (some 18+ years)
- Cumulation — limited regional cumulation is not provided; only U.S. and Australian materials count toward originating status
- Investment — AUSFTA includes substantive investor-state provisions but no investor-state dispute settlement (ISDS) — Australia objected to ISDS during negotiations
Certification. No prescribed form. An importer's claim is supported by a declaration from the importer, exporter, or producer with the required data elements (AUSFTA Article 5.2). Records retained for five years.
Claims. Use the "AU" Special Program Indicator on CBP Form 7501. Post-importation claims may be filed within one year of entry under 19 U.S.C. § 1520(d), often through reconciliation.