| Title: | TRADE AND DEVELOPMENT ACT OF 2 |
|---|---|
| Date: | 2000-09-19 |
| To: | abi |
| Links: | previous, next |
0262073
SEPTEMBER 13, 2000
ENT-14 FO:TP:IA:TA CJS
TO: ALL DIRECTORS, FIELD OPERATIONS
ALL PORT DIRECTORS
FROM: DIRECTOR, TRADE PROGRAMS
PASS TO: ASSISTANT PORT DIRECTORS, TRADE, IMPORT SPECIALISTS,
INSPECTORS, ENTRY OFFICERS, BROKERS, IMPORTERS AND OTHER
INTERESTED PARTIES
SUBJECT: TRADE & DEVELOPMENT ACT OF 2000 STATUS: THE AFRICAN GROWTH &
OPPORTUNITY ACT (AGOA) AND THE CARIBBEAN BASIN TRADE
PARTNERSHIP ACT (CBTPA)
BACKGROUND:
THE TRADE & DEVELOPMENT ACT OF 2000 PROVIDES DUTY AND QUOTA FREE
TREATMENT FOR CERTAIN TEXTILES AND APPAREL MADE FROM U.S. AND REGIONAL
FABRICS EFFECTIVE FOR GOODS ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION ON OR AFTER OCTOBER 1, 2000. ATTACHED PLEASE FIND
TBT-00-021 FOR INFORMATION ON AGOA AND CBTPA FOR TEXTILES AND TEXTILE
PRODUCTS.
IN ADDITION TO TEXTILES AND APPAREL PRODUCTS ADDRESSED IN TBT-00-21,
CERTAIN OTHER BENEFITS ARE BESTOWED UPON THE SUB-SAHARAN AFRICA AND
THE CARIBBEAN BASIN BENEFICIARY COUNTRIES WITH AN EFFECTIVE DATE OF
OCTOBER 1, 2000.
THESE BENEFITS INCLUDE AN "ENHANCED GENERALIZED SYSTEM OF PREFERENCES
(GSP)" TREATMENT WITH NEW AGOA RULES OF ORIGIN FOR APPROXIMATELY 2,000
HARMONIZED TARIFF SCHEDULE (HTS) NUMBERS NOT CURRENTLY INCLUDED IN THE
GSP PROGRAM, AND ALSO, NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)
PARITY FOR APPROXIMATELY 170 HTS NUMBERS THAT ARE CURRENTLY EXCLUDED
FROM THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT (CBERA).
INFORMATION:
WHILE AGOA AND CBTPA ARE SCHEDULED FOR IMPLEMENTATION ON
OCTOBER 1, 2000, UNRESOLVED ISSUES BEYOND THE CONTROL OF CUSTOMS WILL
DELAY THE ISSUANCE OF IMPLEMENTATION INSTRUCTIONS UNTIL NEAR OR AFTER
THE OCTOBER 1 DATE.
ACTION:
UNTIL DIRECTED BY HEADQUARTERS, U.S. CUSTOMS OFFICERS ARE NOT TO ACCEPT
CLAIMS FOR PREFERENTIAL TREATMENT UNDER AGOA OR CBTPA.
FURTHER INFORMATION:
IF YOU HAVE ANY QUESTIONS, PLEASE CALL CATHY SAUCEDA AT (202) 927-4198
FOR THE ENHANCED GSP AND CBTPA. FOR TEXTILE ISSUES, PLEASE CALL SUSAN
THOMAS AT (202) 927-3719 OR BOB ABELS AT (202) 927-1959.
/S/
ANNE K. LOMBARDI
ELIZABETH G. DURANT
ATTACHMENT
_____________________________________________________________________
THE FOLLOWING IS THE ATTACHMENT TO THE MEMORANDUM OF SEPT. 13, 2000:
SEPTEMBER 12, 2000
ENT-14 FO:TP:IA:TT SST
TO: ALL DIRECTORS, FIELD OPERATIONS
ALL PORT DIRECTORS
FROM: DIRECTOR, TRADE PROGRAMS
PASS TO: ASSISTANT PORT DIRECTORS, TRADE, IMPORT SPECIALISTS,
INSPECTORS, ENTRY OFFICERS, BROKERS, IMPORTERS AND OTHER
INTERESTED PARTIES
SUBJECT: TBT-00-021 INFORMATION ON THE AFRICAN GROWTH AND
OPPORTUNITY ACT (AGOA) AND THE CARIBBEAN BASIN TRADE
PARTNERSHIP ACT (CBTPA) FOR TEXTILES AND TEXTILE PRODUCTS
BACKGROUND:
THE TRADE AND DEVELOPMENT ACT OF 2000, WHICH WAS SIGNED INTO LAW ON MAY
18, 2000, AUTHORIZED A NEW TRADE AND INVESTMENT POLICY FOR SUB-SAHARA
AFRICA AND THE EXPANSION OF TRADE BENEFITS TO THE COUNTRIES IN THE
CARIBBEAN BASIN.
THE PRESIDENT IS AUTHORIZED TO DESIGNATE A SUB-SAHARAN AFRICAN COUNTRY
AND A CARIBBEAN BASIN COUNTRY AS AN ELIGIBLE BENEFICIARY COUNTRY BASED
ON SEVERAL CRITERIA ESTABLISHED IN THE ACT. IF THE PRESIDENT DETERMINES
THAT A BENEFICIARY COUNTRY IS NOT MAKING CONTINUAL PROGRESS IN MEETING
THE REQUIREMENTS DESCRIBED IN THE ACT, THE PRESIDENT SHALL TERMINATE THE
DESIGNATION OF THE COUNTRY.
SECTION 112 OF THE TRADE AND DEVELOPMENT ACT OF 2000 OUTLINES THE
TREATMENT OF CERTAIN TEXTILES AND APPAREL ARTICLES FOR AGOA. APPAREL
ARTICLES THAT ARE IMPORTED DIRECTLY INTO THE CUSTOMS TERRITORY OF THE
UNITED STATES FROM A DESIGNATED BENEFICIARY SUB-SAHARAN AFRICAN COUNTRY
SHALL ENTER FREE OF DUTY AND FREE OF ANY QUANTITATIVE LIMITATIONS IF
THE COUNTRY HAS SATISFIED THE REQUIREMENTS SET FORTH IN SECTION 113.
SECTION 211 OF THE TRADE AND DEVELOPMENT ACT OF 2000 OUTLINES THE
TREATMENT OF CERTAIN TEXTILES AND APPAREL ARTICLES FOR CBTPA. APPAREL
ARTICLES FROM DESIGNATED BENEFICIARY COUNTRIES THAT MEET THE SPECIFIC
PREFERENTIAL GROUPINGS MAY ENTER INTO THE CUSTOMS TERRITORY OF THE
UNITED STATES FREE OF DUTY AND FREE OF ANY QUANTITATIVE RESTRICTIONS,
LIMITATIONS, OR CONSULTATION LEVELS.
INFORMATION:
WHILE AGOA AND CBTPA ARE SCHEDULED FOR IMPLEMENTATION ON OCTOBER 1,
2000, UNRESOLVED ISSUES THAT ARE BEYOND THE CONTROL OF THE U.S. CUSTOMS
SERVICE WILL DELAY THE ISSUANCE OF IMPLEMENTATION INSTRUCTIONS UNTIL
NEAR OR AFTER THE OCTOBER 1ST DATE.
EXAMPLES OF ISSUES THAT REMAIN UNRESOLVED THAT IMPACT IMPLEMENTATION ARE
THE IDENTIFICATION OF THE BENEFICIARY COUNTRIES THEMSELVES, THE DECISION
THAT SUCH COUNTRY HAS MADE SUBSTANTIAL PROGRESS TOWARDS IMPLEMENTING THE
RELEVANT PROVISIONS OF CHAPTER 5 OF NAFTA AND THE DECISION THAT THE
DESIGNATED AGOA COUNTRIES HAVE AN EFFECTIVE VISA SYSTEM IN PLACE. THE
ISSUANCE OF A SIGNED PRESIDENTIAL PROCLAMATION WILL PROVIDE THE HTSUS
NUMBERS, SPECIAL PROGRAM INDICATORS AND THE RESTRAINT LEVELS THAT WILL
ALLOW CUSTOMS TO PROGRAM ACS.
AS CUSTOMS RECEIVES THE NECESSARY INFORMATION, TBTS WILL BE ISSUED WITH
IMPLEMENTATION INSTRUCTIONS. UNTIL THEN, NO ENTRIES WILL BE ACCEPTED
WITH CLAIMS FOR PREFERENTIAL TREATMENT. DUE TO THE LATE FORTHCOMING
INFORMATION, IT IS ANTICIPATED THAT ALL NECESSARY PROGRAMMING CHANGES
FOR ACS WILL NOT BE DONE FOR THE INITIAL IMPLEMENTATION, AND THEREFORE,
ONCE CLAIMS ARE ALLOWED, THE ENTRIES MUST BE FILED NON-ABI.
MEMBERS OF THE IMPORTING COMMUNITY THAT HAVE INTERPRETATIVE QUESTIONS
NOT ADDRESSED IN THE REGULATIONS ARE SUGGESTED TO SUBMIT BINDING RULING
REQUESTS.
ACTION:
UNTIL DIRECTED BY HEADQUARTERS, U.S. CUSTOMS OFFICERS ARE NOT TO ACCEPT
CLAIMS FOR PREFERENTIAL TREATMENT UNDER AGOA OR CBTPA.
FURTHER INFORMATION:
IF YOU HAVE ANY QUESTIONS CONCERNING THIS TBT, PLEASE CALL SUSAN THOMAS
AT (202) 927-3719, GINA TAYLER AT (202) 927-4882, CHERIE PARSONS AT
(202) 927-7002, OR BOB ABELS AT (202) 927-1959.
/S/
ELIZABETH G. DURANT