Welcome to the export service eligibility guidelines page. This page provides guidance on the businesses to which the U.S. Commercial Service (CS) may provide export products and services. This policy applies to fee-based Commercial Service products and services. 

Prior to providing fee-based CS products and services to any entity, the CS will evaluate the entity on the following two factors:

1. U.S. Exporter Criteria
2. Majority U.S. Content Criteria

1. Determination as a U.S. exporter: 
Is the entity seeking assistance a U.S. citizen or a commercial entity organized under the laws of the United States or of any state or territory of the United States? OR

Is the entity seeking assistance a foreign-organized business that is majority owned by a U.S. citizen? OR

Is the entity seeking assistance a foreign-organized business that is majority owned by a commercial entity organized under the laws of the United States?

Is the entity seeking assistance a foreign-owned business working on behalf of a U.S. exporter as defined above (e.g., a foreign distributor, agent, or representative)?
          
If the entity is none of the above, then CS cannot provide assistance. If the entity is one of the above, then CS proceeds to the “Determination of Majority U.S. content” criterion.

Partner Organizations:  Entities seeking assistance that are represented by CS partner organizations must also meet one of the U.S. Exporter Criteria listed above. Examples of such partner organizations include but are not limited to: Market Development Cooperators (MDCP), Certified Trade Fair organizers, trade associations, Certified Trade Mission organizers, Chambers of Commerce, and state and local governments.

2. Determination of Majority U.S. content:
Does the value of U.S. content (including, but not limited to, material, equipment, marketing/sales, labor, and distribution costs) in the product or service being exported exceed 50 percent of its cost?

In order to qualify for CS fee-based services, clients must accept the CS participation agreement and self certify the validity of the following statement: “I certify that the products and or services to be promoted through this service contain a majority U.S. content.”

In determining U.S. content, the following basic definitions may be used:

U.S. content for manufactured goods = [ex-factory price of a good] minus [aggregate value contributed by non-U.S. or foreign sources (e.g., costs or payments to foreign suppliers/providers/employees not resident in the United States)]

U.S. content for services = [contract value of the service whether delivered in the U.S. or overseas] minus [aggregate value contributed by non-U.S. or foreign sources (i.e., costs or payments to foreign suppliers/providers/employees not resident in the United States]

If the U.S. exporter meets the U.S. content criteria and certifies that the products and/or services to be promoted through the CS contain majority U.S. content, then CS products and services may be provided.

Potential clients must be prepared to self certify and substantiate to the satisfaction of the U.S. Commercial Service the applicability of the above criteria, with documentation when necessary and appropriate. In the event that the majority U.S. content criteria cannot be substantiated, and where extraordinary circumstances may exist, an inquiry may be made with Sacramento U.S. Export Assistance Center Director George Tastard, in order for the facts of a specific service request to be reviewed. 

Exceptions: CS may be required to decline fee-based services to U.S. exporters, including those with more than 50 percent U.S. content, in cases where offering fee-based services is contrary to applicable law or CS policy.  For example, CS is prohibited by law from promoting the export of tobacco or tobacco-related products.  In addition, CS policy restricts export promotion concerning munitions or sexually explicit materials.