No EU-US Free Trade Agreement

Negotiations for the Transatlantic Trade and Investment Partnership (TTIP) between the EU and USA stalled years ago and were never concluded. As a result, Spanish goods exported to the USA are subject to standard US MFN tariff rates as set by US Customs and Border Protection (CBP) under the Harmonized Tariff Schedule of the United States (HTSUS).

Rates vary considerably by product. Many industrial goods and raw materials enter at 0% or low rates, while others — including some food products, textiles and footwear — face higher duties. Your US buyer will know the applicable rate for their product category, since they are the ones paying it.

US customs is your buyer's problem — but your invoice is your responsibility. Under most Incoterms (DAP, FOB, CIF), it is the US importer who pays duties and manages US customs clearance. But the accuracy of your commercial invoice — value, description, country of origin — directly affects their customs declaration and your ongoing commercial relationship.

The Spanish Export Side: DUA de Exportación

Before goods leave Spain, an export customs declaration (DUA de exportación) must be filed with the Spanish Tax Agency (AEAT) via the SEPRA system. This is typically handled by your freight forwarder or customs agent in Spain. The declaration covers the goods' HS classification, declared value and destination.

Once the export DUA is accepted, you receive an EX1 (or equivalent) document — this is the exit confirmation that proves the goods have left the EU and is required for VAT zero-rating on the export invoice.

US Import Clearance: The Importer of Record

On the US side, every shipment requires an importer of record — a US entity (your buyer, their subsidiary or a third-party customs broker) legally responsible for the goods entering the country. The importer of record files the entry with CBP, pays any applicable duties and is liable for compliance with US import regulations.

As the Spanish exporter, you are not the importer of record unless you have established a US legal presence and choose to sell DDP (Delivered Duty Paid). In practice, most Spanish companies export on DAP or FOB terms and leave US customs to the buyer.

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ISF Filing for Sea Freight

For shipments arriving in the USA by sea, CBP requires an Importer Security Filing (ISF) — also known as "10+2". The ISF must be submitted electronically to CBP at least 24 hours before the goods are loaded onto the vessel at the Spanish port. It is the responsibility of the US importer of record (or their customs broker), not the Spanish exporter.

However, the ISF requires data that comes from you: the supplier name and address, manufacturer name, country of origin, and HTS code. Make sure your commercial invoice and packing list are ready and accurate before loading, so your buyer can file the ISF on time. Late or missing ISF filings attract CBP fines and can lead to cargo holds at the US port.

Product-Specific Requirements

Depending on what you are exporting, additional US requirements may apply:

It is worth confirming with your US buyer which requirements apply to your specific product before the first shipment. US regulations are enforced at the border and non-compliant goods can be detained or refused entry.

Shipping from Spain to the USA

Sea freight to the US East Coast (New York, Savannah, Miami, Baltimore) from Spanish ports takes 10 to 18 days. Services to the US West Coast (Los Angeles, Long Beach, Seattle) via the Panama Canal take 20 to 28 days. Main Spanish export ports for transatlantic services are Valencia, Algeciras and Barcelona. Air freight from Madrid Barajas or Barcelona El Prat to major US airports takes 1 to 2 days.

Frequently asked questions

No. There is no EU-US free trade agreement. TTIP negotiations stalled and were never concluded. Spanish goods exported to the USA are subject to standard US MFN tariff rates, which vary by product category. Your US buyer pays these duties as the importer of record.
US customs clearance is the responsibility of the US importer of record — your buyer or their customs broker. As the Spanish exporter, your responsibility is the Spanish export declaration (DUA de exportación via AEAT) and providing accurate documentation: commercial invoice, packing list and bill of lading.
ISF (Importer Security Filing / 10+2) is a CBP requirement for sea freight entering the USA. It must be submitted by the US importer of record at least 24 hours before loading at the Spanish port. The ISF requires data from your invoice — supplier details, country of origin, HTS code — so ensure your documents are ready early.
A DUA de exportación (filed via AEAT), commercial invoice, packing list, and bill of lading or airway bill. The EX1 exit confirmation proves the goods left the EU and is required to zero-rate the export invoice for Spanish VAT purposes. Product-specific documents (FDA Prior Notice, phytosanitary certificates, etc.) may also be needed.
Yes. Food, beverages and dietary supplements exported to the USA require FDA Prior Notice — submitted before arrival. The US receiving facility must be FDA-registered. The Spanish exporter should confirm these requirements with their US buyer before the first shipment.
10 to 18 days to the US East Coast (New York, Savannah, Miami) from Valencia, Algeciras or Barcelona. 20 to 28 days to the US West Coast (Los Angeles, Long Beach) via the Panama Canal. Air freight takes 1 to 2 days.