Trade and Commerce in American Samoa

American Samoa's trade and commerce landscape is shaped by its unique legal status as an unincorporated, unorganized territory of the United States — a classification that produces a regulatory environment distinct from both US states and foreign nations. The territory operates under a hybrid framework governed by federal statutes, local American Samoa Government (ASG) codes, and bilateral trade arrangements that reflect its geographic isolation in the South Pacific. This page covers the structural components of that commercial framework, the mechanisms through which goods and capital move into and out of the territory, and the regulatory boundaries that define lawful commercial activity.

Definition and scope

Trade and commerce in American Samoa encompasses the import and export of goods, the licensing of business operations, foreign investment regulation, and the territory's relationship to US customs and tariff law. The territory's commercial jurisdiction is defined by the Revised Code of American Samoa (RCAS), which establishes the statutory basis for business formation, licensing requirements, and local taxation.

A foundational feature of American Samoa's trade status is its position outside the US customs zone. Unlike Puerto Rico or Guam — which are also unincorporated territories but sit within the US customs territory — American Samoa is excluded from the US customs zone (US Customs and Border Protection, HQ Ruling Letters). This means goods shipped from American Samoa to the continental United States are subject to import duties, and the territory does not automatically benefit from duty-free access to the US market in the same manner as domestic producers.

The American Samoa Economy Overview page provides broader macroeconomic context for understanding how trade and commerce fit within the territory's fiscal and employment structure.

How it works

Commercial activity in American Samoa is administered through several interconnected regulatory bodies:

1. American Samoa Department of Commerce (DOC) — Responsible for business licensing, investment promotion, and economic development policy.
2. American Samoa Tax Office — Administers the territory's income tax regime, which mirrors the US Internal Revenue Code with local modifications under 26 U.S.C. § 931, creating tax incentives for qualifying residents and businesses (IRS Publication 570).
3. American Samoa Environmental Protection Agency (AS-EPA) — Regulates environmental compliance for commercial and industrial operations.
4. US Customs and Border Protection (CBP) — Exercises authority over the flow of goods between American Samoa and the US mainland, as well as between the territory and foreign nations.

The territory's exclusion from the US customs zone creates a notable trade mechanism: goods manufactured in American Samoa and exported to the US must meet rules-of-origin requirements. The StarKist and Samoa Packing tuna canneries — which together historically employed over 30% of the territory's private-sector workforce — have operated under specific tariff treatment that grants their canned tuna duty-free entry into the US market, distinct from foreign competitors (US International Trade Commission). This arrangement is a product of the Harmonized Tariff Schedule of the United States (HTSUS) and the territory's unique political status.

Foreign investment in American Samoa is regulated through restrictions on land ownership, which is governed by Fa'asamoa (customary land tenure) and the prohibition on alienation of communal land to non-Samoans under RCAS Title 37. Non-citizen nationals and foreign entities may engage in commerce but face statutory restrictions on land acquisition, limiting certain capital-intensive business models that depend on owned real estate.

Common scenarios

The practical commerce landscape in American Samoa presents four recurring transactional structures:

• Import-dependent retail — Over 90% of consumer goods, including food, fuel, and manufactured products, are imported, primarily from the US mainland and New Zealand, creating a structurally import-heavy balance of trade.
• Tuna processing and re-export — Raw tuna is imported primarily from foreign fishing fleets operating under licensing arrangements with the ASG, processed at canneries in Pago Pago, and re-exported as finished product to the US market under preferential tariff treatment.
• Government contracting — A substantial portion of commercial activity involves contracts with the ASG or federal agencies, given that government employment accounts for a disproportionate share of the formal labor market relative to territory population.
• Tourism-linked services — Hotels, transport operators, and retail businesses serve a visitor economy, though arrivals are constrained by limited air access, with the Pago Pago International Airport served by a small number of scheduled carriers.

The American Samoa Tuna Canning Industry page details the regulatory and economic structure of the territory's dominant export sector.

Decision boundaries

Businesses and researchers navigating American Samoa's commercial framework must distinguish between three overlapping jurisdictional layers:

Federal vs. territorial law — Federal statutes apply selectively in American Samoa. The Jones Act (46 U.S.C. § 55102), which mandates US-flagged vessels for domestic maritime transport, applies to American Samoa, affecting shipping costs and supply chain options. However, federal minimum wage law applies on a modified schedule; as of the amendments enacted through the Fair Minimum Wage Act of 2007, American Samoa's tuna canning industry was subject to periodic stepped increases rather than the standard federal floor (US Department of Labor, Wage and Hour Division).

Customs territory inclusion vs. exclusion — The distinction between territories inside the US customs zone (Puerto Rico, Guam, US Virgin Islands, Northern Mariana Islands) and outside it (American Samoa) is commercially significant. Businesses treating American Samoa as equivalent to a domestic US location for customs compliance purposes face potential duty liability.

Samoan national vs. US citizen status — Persons born in American Samoa hold US national status but not automatic US citizenship, a distinction that affects employment eligibility for certain federally contracted work and cross-border commercial activity. The American Samoa Citizenship and Nationality Law page addresses this framework in detail.

For broader context on the institutional structures governing commerce and public administration in the territory, the American Samoa Government Authority covers the ASG's departmental organization, legislative processes, and executive functions that directly shape the regulatory environment for business operations.

The American Samoa Federal Funding and Grants page addresses the federal appropriations and program structures that intersect with local commerce through infrastructure investment, program funding, and grant-based economic support.

The full scope of territorial governance, economic data, and jurisdictional frameworks is indexed through the American Samoa Territory Authority main reference portal.

References

• US Customs and Border Protection — Customs Territory of the United States
• US International Trade Commission — Harmonized Tariff Schedule of the United States
• IRS Publication 570 — Tax Guide for Individuals With Income From U.S. Possessions
• US Department of Labor, Wage and Hour Division — American Samoa Minimum Wage
• American Samoa Bar Association — Revised Code of American Samoa
• US Government Publishing Office — 46 U.S.C. § 55102 (Coastwise Trade, Jones Act)
• US Government Publishing Office — 26 U.S.C. § 931 (Income from Sources in Possessions)