| Title: | AGAO IMPLEMENTATION INFO. |
|---|---|
| Date: | 2001-02-02 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : GINA TAYLER
SUBJECT : AGAO IMPLEMENTATION INFO.
DATE : 02/01/2001
JANUARY 30, 2001
ENT-14 FO:TP:IA:TT SST
TO: DIRECTORS, FIELD OPERATIONS
FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
PASS TO: PORT DIRECTORS, ASSISTANT PORT DIRECTORS,
IMPORT SPECIALISTS, INSPECTORS, ENTRY SPECIALISTS,
BROKERS, IMPORTERS AND OTHER INTERESTED PARTIES
SUBJECT: TBT-01-008 IMPLEMENTATION INFORMATION ON THE
AFRICAN GROWTH AND OPPORTUNITY ACT (AGOA)
FOR TEXTILES AND APPAREL PRODUCTS
(19 C.F.R. 10.211 THROUGH 10.217)
REFERENCE: TBT-01-009 KENYA VISA ARRANGEMENT
TBT-01-010 MAURITIUS VISA ARRANGEMENT
BACKGROUND:
THE TRADE AND DEVELOPMENT ACT OF 2000 ("THE ACT"), WHICH WAS
SIGNED INTO LAW ON MAY 18, 2000, AUTHORIZED A NEW TRADE AND
INVESTMENT POLICY FOR SUB-SAHARAN AFRICA. THE PRESIDENT IS
AUTHORIZED TO DESIGNATE A SUB-SAHARAN AFRICAN 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. THE PREFERENTIAL
TARIFF TREATMENT PROVIDED UNDER AGOA WILL REMAIN IN EFFECT
THROUGH SEPTEMBER 30, 2008.
SECTION 112 OF THE ACT 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 (EXCLUDING ANY TARIFF PREFERENCE LEVELS IDENTIFIED
IN THE ACT) IF THE COUNTRY HAS SATISFIED THE REQUIREMENTS SET
FORTH IN SECTION 113.
ENTRY REQUIREMENTS FOR CLAIMING AGOA TREATMENT
IN ORDER FOR A CLAIM TO BE ACCEPTED UNDER THE AGOA PREFERENTIAL
TARIFF TREATMENT FOR TEXTILE AND APPAREL PRODUCTS, ALL OF THE
FOLLOWING REQUIREMENTS MUST BE MET:
1. THE DESIGNATED BENEFICIARY SUB-SAHARAN AFRICAN COUNTRY HAS
IMPLEMENTED AND FOLLOWS, OR IS MAKING SUBSTANTIAL
1 PROGRESS TOWARD IMPLEMENTING THE REQUIREMENTS AND
RELEVANT PROCEDURES OF CHAPTER 5 OF THE NORTH AMERICAN
FREE TRADE AGREEMENT (NAFTA) AND HAS AN EFFECTIVE VISA
SYSTEM IN PLACE. EFFECTIVE JANUARY 18, 2001, THE UNITED
STATES TRADE REPRESENTATIVE (USTR) HAS IDENTIFIED KENYA
AS BEING ELIGIBLE FOR THE ENHANCED TRADE BENEFITS UNDER
AGOA. IN THE SAME NOTICE FROM USTR, IT WAS NOTED THAT
KENYA QUALIFIES AS A LESSER DEVELOPED BENEFICIARY
SUB-SAHARAN AFRICAN COUNTRY UNDER AGOA. EFFECTIVE
JANUARY 19, 2001, THE USTR HAS IDENTIFIED MAURITIUS AS
BEING ELIGIBLE FOR THE ENHANCED TRADE BENEFITS UNDER
AGOA,
2. A VALID, ORIGINAL TEXTILE VISA ISSUED FROM THE BENEFICIARY
SUB-SAHARAN COUNTRY AND PRESENTED TO U.S. CUSTOMS WHEN MAKING
THE CLAIM FOR PREFERENTIAL TARIFF TREATMENT. PLEASE REFER TO
TBT-01-009 FOR THE VISA ARRANGEMENT WITH KENYA AND TBT-01-010
FOR THE MAURITIUS VISA ARRANGEMENT,
3. THE GOOD IS CLASSIFIED UNDER HARMONIZED TARIFF SCHEDULE OF
THE UNITED STATES (HTSUS) TARIFF ITEM NUMBER 9802.00.80 OR
9819.11, ALONG WITH THE ASSOCIATED CHAPTER 1-97 NUMBER. FOR
THE LIST OF 9802.00.80 AND 9819.11 HTSUS NUMBERS, REFER TO
PREFERENTIAL GROUPINGS LISTED BELOW,
4. AN AGOA TEXTILE CERTIFICATE OF ORIGIN, COMPLETED BY THE
EXPORTER, IS IN THE POSSESSION OF THE IMPORTER AND AVAILABLE
UPON REQUEST TO U.S. CUSTOMS WHEN THE CLAIM IS MADE. THE
FORMAT CAN BE FOUND IN 19 C.F.R. 10.214 OF THE CUSTOMS
REGULATIONS (PUBLISHED IN THE FEDERAL REGISTER DATED OCTOBER 5,
2000 AND THE NOTICE OF CORRECTIONS PUBLISHED NOVEMBER 9, 2000)
CERTIFICATES OF ORIGIN WILL NOT BE REQUIRED FOR:
A. ARTICLES FOR WHICH THE PORT DIRECTOR HAS, IN WRITING, WAIVED
THE REQUIREMENTS FOR A CERTIFICATE OF ORIGIN BECAUSE THE PORT
DIRECTOR IS SATISFIED THAT THE ARTICLE QUALIFIES FOR
PREFERENTIAL TREATMENT,
B. A NON-COMMERCIAL IMPORTATION,
C. A COMMERCIAL IMPORTATION OF AN ARTICLE WHOSE VALUE DOES NOT
EXCEED $2,500, PROVIDED THAT A STATEMENT AS IDENTIFIED IN
19 C.F.R. 10.216 (D)(III) IS SUBMITTED,
5. FOR ARTICLES SUBJECT TO TARIFF PREFERENCE LEVELS IN
PREFERENCE GROUPING 4 AND 5, THE LEVELS MUST STILL BE
AVAILABLE AT THE TIME OF THE CLAIM; OTHERWISE, PAYMENT OF
DUTY IS REQUIRED UNDER THE ASSOCIATED CHAPTER 1-97 NUMBER,
6. THE MERCHANDISE MUST BE IMPORTED DIRECTLY FROM A DESIGNATED
BENEFICIARY SUB-SAHARAN AFRICAN COUNTRY LISTED ABOVE, AND,
7. THE MERCHANDISE MUST BE AN APPAREL ARTICLE CLASSIFIABLE IN
HTSUS CHAPTERS 61, OR 62, OR HEADINGS 6501, 6502, 6503, 6504,
OR SUBHEADINGS 6406.99 OR 6505.90.
PLEASE NOTE THAT ALL EXISTING IMPORTING REQUIREMENTS, INCLUDING
THE REQUIREMENTS FOR THE CURRENT TEXTILE DECLARATION HAVE NOT
CHANGED. THE ABOVE DOCUMENTATION REQUIREMENTS ARE IN ADDITION
TO ANY OTHER ENTRY DOCUMENTS.
IMPORTER RESPONSIBILITIES
BEFORE MAKING A CLAIM, THE FOLLOWING REQUIREMENTS MUST BE MET BY
THE IMPORTER:
MUST HAVE RECORDS TO EXPLAIN HOW THE IMPORTER CAME TO THE
CONCLUSION THAT THE TEXTILE OR APPAREL ARTICLE QUALIFIES FOR
PREFERENTIAL TREATMENT,
MUST HAVE ESTABLISHED AND IMPLEMENTED INTERNAL CONTROLS WHICH
PROVIDE FOR THE PERIODIC REVIEW OF THE ACCURACY OF THE
CERTIFICATES OF ORIGIN,
MUST HAVE SHIPPING PAPERS THAT SHOW HOW THE ARTICLE MOVED FROM
THE AGOA BENEFICIARY SUB-SAHARAN AFRICAN COUNTRY TO THE UNITED
STATES, AND,
MUST BE PREPARED TO EXPLAIN, UPON REQUEST FROM CUSTOMS, HOW
THOSE RECORDS AND INTERNAL CONTROLS MENTIONED ABOVE JUSTIFY THE
IMPORTER'S CLAIM FOR PREFERENTIAL TREATMENT.
PREFERENTIAL GROUPINGS
A CLAIM FOR PREFERENTIAL TARIFF TREATMENT UNDER AGOA MAY BE MADE
IF THE TEXTILE OR APPAREL ARTICLE QUALIFIES UNDER ONE OF THESE
GROUPINGS:
1. APPAREL ARTICLES ASSEMBLED IN ONE OR MORE BENEFICIARY
SUB-SAHARAN AFRICAN COUNTRIES FROM FABRICS WHOLLY FORMED
AND CUT IN THE UNITED STATES, FROM YARNS WHOLLY FORMED IN
THE UNITED STATES, (INCLUDING FABRICS NOT FORMED FROM
YARNS, IF SUCH FABRICS ARE CLASSIFIABLE UNDER HEADING
5602 OR 5603 OF THE HTSUS AND ARE WHOLLY FORMED AND CUT
IN THE UNITED STATES) THAT ARE ENTERED UNDER SUBHEADING
9802.00.80 OF THE HTSUS. (9802.00.8042 AND VISA GROUPING 1)
(19 C.F.R. 10.213(A)(1)
2. APPAREL ARTICLES ASSEMBLED IN ONE OR MORE BENEFICIARY
SUB-SAHARAN AFRICAN COUNTRIES FROM FABRICS WHOLLY FORMED
AND CUT IN THE UNITED STATES, FROM YARNS WHOLLY FORMED IN
THE UNITED STATES, (INCLUDING FABRICS NOT FORMED FROM
YARNS, IF SUCH FABRICS ARE CLASSIFIABLE UNDER HEADING
5602 OR 5603 OF THE HTSUS AND ARE WHOLLY FORMED AND CUT
IN THE UNITED STATES) ENTERED UNDER CHAPTER 61 OR 62 OF
THE HTSUS, IF, AFTER SUCH ASSEMBLY, THE ARTICLES WOULD
HAVE QUALIFIED FOR ENTRY UNDER SUBHEADING 9802.00.80 OF
THE HTSUS BUT FOR THE FACT THAT THE ARTICLES WERE
EMBROIDERED OR SUBJECTED TO STONE-WASHING,
ENZYME-WASHING, ACID WASHING, PERMA-PRESSING,
1 OVEN-BAKING, BLEACHING, GARMENT-DYEING, SCREEN PRINTING,
OR OTHER SIMILAR PROCESSES. (9819.11.03 AND VISA GROUPING 2)
(19 C.F.R. 10.213(A)(2)
3. APPAREL ARTICLES CUT IN ONE OR MORE BENEFICIARY
SUB-SAHARAN AFRICAN COUNTRIES FROM FABRIC WHOLLY FORMED
IN THE UNITED STATES FROM YARNS WHOLLY FORMED IN THE
UNITED STATES, (INCLUDING FABRICS NOT FORMED FROM YARNS,
IF SUCH FABRICS ARE CLASSIFIABLE UNDER HEADING 5602 OR
5603 OF THE HTSUS AND ARE WHOLLY FORMED IN THE UNITED
STATES) IF SUCH ARTICLES ARE ASSEMBLED IN ONE OR MORE
BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES WITH THREAD
FORMED IN THE UNITED STATES. (9819.11.06 AND VISA GROUPING 3)
(19 C.F.R. 10.213(A)(3)
4. APPAREL ARTICLES WHOLLY ASSEMBLED IN ONE OR MORE
BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES FROM FABRIC
WHOLLY FORMED IN ONE OR MORE BENEFICIARY SUB-SAHARAN
AFRICAN COUNTRIES FROM YARN ORIGINATING EITHER IN THE
UNITED STATES OR ONE OR MORE BENEFICIARY SUB-SAHARAN
AFRICAN COUNTRIES (INCLUDING FABRICS NOT FORMED FROM
YARNS, IF SUCH FABRICS ARE CLASSIFIABLE UNDER HEADING
5602 OR 5603 OF THE HTSUS AND ARE WHOLLY FORMED AND CUT
IN ONE OR MORE BENEFICIARY SUB-SAHARAN AFRICAN
COUNTRIES). (9819.11.09 AND VISA GROUPING 4)
(19 C.F.R. 10.213(A)(4)
LIMITATIONS ON BENEFITS
PREFERENTIAL TREATMENT UNDER THIS PARAGRAPH
EXTENDS TO IMPORTS OF APPAREL ARTICLES IN AN
AMOUNT NOT TO EXCEED THE APPLICABLE PERCENTAGE OF
THE AGGREGATE SQUARE METER EQUIVALENTS OF ALL
APPAREL ARTICLES IMPORTED INTO THE UNITED STATES
IN THE PRECEDING 12-MONTH PERIOD FOR WHICH DATA
ARE AVAILABLE. THE TERM `APPLICABLE PERCENTAGE'
MEANS 1.5 PERCENT FOR THE 1-YEAR PERIOD BEGINNING
OCTOBER 1, 2000, INCREASED IN EACH OF THE SEVEN
SUCCEEDING 1-YEAR PERIODS BY EQUAL INCREMENTS, SO
THAT FOR THE PERIOD BEGINNING OCTOBER 1, 2007, THE
APPLICABLE PERCENTAGE DOES NOT EXCEED 3.5 PERCENT.
PLEASE SEE THE SUBCHAPTER XIX NOTES IN THE HTSUS
FOR SPECIFIC QUANTITIES AND THE APPROPRIATE QBT
FOR REPORTING INSTRUCTIONS TO BE ISSUED.
5. APPAREL ARTICLES WHOLLY ASSEMBLED IN ONE OR MORE LESSER
DEVELOPED BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES
REGARDLESS OF THE COUNTRY OF ORIGIN OF THE FABRIC USED TO
MAKE SUCH ARTICLES. (9819.11.12 AND VISA GROUPING 5)
(19 C.F.R. 10.213(A)(5)
LIMITATIONS ON BENEFITS
THIS PREFERENCE GROUPING IS SUBJECT TO THE SAME
LIMITATIONS AS IDENTIFIED ABOVE FOR THOSE ARTICLES
CLASSIFIED IN 9819.11.09 AND VISA GROUPING 4.
IMPORTS OF EITHER GROUPING WILL COUNT TOWARDS ONE
TARIFF PREFERENCE LEVEL.
6. SWEATERS, IN CHIEF WEIGHT OF CASHMERE, KNIT-TO-SHAPE IN
ONE OR MORE BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES AND
CLASSIFIABLE UNDER SUBHEADING 6110.10 OF THE HTSUS.
(9819.11.15 AND VISA GROUPING 6) (19 C.F.R. 10.213(A)(6)
7. SWEATERS, 50 PERCENT OR MORE BY WEIGHT OF WOOL MEASURING
18.5 MICRONS IN DIAMETER OR FINER, KNIT-TO-SHAPE IN ONE
OR MORE BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES.
(9819.11.18 AND VISA GROUPING 7) (19 C.F.R. 10.213(A)(7)
8. APPAREL ARTICLES BOTH CUT (OR KNIT-TO-SHAPE) AND SEWN OR
OTHERWISE ASSEMBLED IN ONE OR MORE BENEFICIARY
SUB-SAHARAN AFRICAN COUNTRIES FROM FABRICS OR YARN NOT
FORMED IN THE UNITED STATES OR IN ONE OR MORE BENEFICIARY
SUB-SAHARAN COUNTRIES, PROVIDED THAT SUCH APPAREL
ARTICLES OF SUCH FABRICS OR YARNS WOULD BE CONSIDERED AN
ORIGINATING GOOD UNDER THE TERMS OF GENERAL NOTE 12(T) TO
THE HTSUS WITHOUT REGARD TO THE SOURCE OF THE FABRIC OR
YARN IF SUCH APPAREL ARTICLE HAD BEEN IMPORTED FROM THE
TERRITORY OF CANADA OR THE TERRITORY OF MEXICO DIRECTLY
INTO THE CUSTOMS TERRITORY OF THE UNITED STATES. THE
FABRICS AND YARNS IN QUESTION INCLUDE:
A. FINE COUNT COTTON KNITTED FABRICS FOR CERTAIN APPAREL (SEE
GENERAL NOTE 12(T), CHAPTER 61, CHAPTER RULES 61.27(A),
61.30(A) AND 61.32(A),
B. LINEN FABRICS,
C. SILK FABRICS,
D. COTTON VELVETEEN,
E. FINE WALE CORDUROY,
F. HARRIS TWEED,
G. CERTAIN WOVEN FABRICS MADE WITH ANIMAL HAIRS (SEE GENERAL
NOTE 12(T), CHAPTER 62, CHAPTER RULE 2 (D),
H. CERTAIN LIGHTWEIGHT, HIGH THREAD COUNT COTTON POLY-COTTON
WOVEN FABRICS (SEE GENERAL NOTE 12(T), CHAPTER 62, CHAPTER
RULE (E), AND
I. CERTAIN LIGHTWEIGHT, HIGH THREAD COUNT BROADWOVEN FABRICS
USED IN PRODUCTION OF MEN'S AND BOYS' SHIRTS (SEE GENERAL
NOTE 12(T), CHAPTER 62.SR30, SUBHEADING RULE A-I).
(9819.11.21AND VISA GROUPING 8) (19 C.F.R. 10.213(A)(8)
NOTE: AN INFORMATIONAL NOTICE WILL BE ISSUED SHORTLY TO DESCRIBE
MORE SPECIFICALLY THESE SHORT SUPPLY FABRICS.
9. APPAREL ARTICLES BOTH CUT (OR KNIT-TO-SHAPE) AND SEWN OR
OTHERWISE ASSEMBLED IN ONE OR MORE BENEFICIARY
SUB-SAHARAN AFRICAN COUNTRIES, FROM FABRICS OR YARN
DESIGNATED BY THE APPROPRIATE U.S. GOVERNMENT AUTHORITY
IN THE FEDERAL REGISTER AS FABRICS OR YARN NOT AVAILABLE
IN COMMERCIAL QUANTITIES IN THE UNITED STATES, UNDER ANY
1 TERMS AS SUCH AUTHORITY MAY PROVIDE (9819.11.24 AND VISA
GROUPING 8) (19 C.F.R. 10.213(A)(9)
TO DATE, NO SUCH FABRICS HAVE BEEN IDENTIFIED.
10. HANDLOOMED, HANDMADE OR FOLKLORE TEXTILE AND APPAREL GOODS.
THIS WILL BE NEGOTIATED BETWEEN THE PRESIDENT AND THE
SUB-SAHARAN AFRICAN COUNTRIES. THE PORTS AND THE TRADE
COMMUNITY WILL BE NOTIFIED WHEN SUCH AGREEMENTS ARE MADE.
(9819.11.27 AND VISA GROUPING 9)
(19 C.F.R. 10.213(A)(10)
SPECIAL DEFINITIONS
WHOLLY FORMED - WHEN USED WITH REFERENCE TO YARNS OR THREAD,
MEANS THAT ALL OF THE PRODUCTION PROCESSES, STARTING WITH THE
EXTRUSION OF FILAMENT OR THE SPINNING OF ALL FIBERS INTO YARN OR
BOTH AND ENDING WITH A YARN OR PLIED YARN, TOOK PLACE IN A
SINGLE COUNTRY, AND WHEN USED WITH REFERENCE TO FABRICS, MEANS
THAT ALL OF THE PRODUCTION PROCESSES, STARTING WITH POLYMERS,
FIBERS, FILAMENTS, TEXTILE STRIPS, YARNS, TWINE, CORDAGE, ROPE,
OR STRIPS OF FABRIC AND ENDING WITH A FABRIC BY A WEAVING,
KNITTING, NEEDLING, TUFTING, FELTING, ENTANGLING OR OTHER
PROCESS, TOOK PLACE IN A SINGLE COUNTRY.
KNIT TO SHAPE - APPLIES TO ANY APPAREL ARTICLE OF WHICH 50
PERCENT OR MORE OF THE EXTERIOR SURFACE AREA IS FORMED BY MAJOR
PARTS THAT HAVE BEEN KNITTED OR CROCHETED DIRECTLY TO THE SHAPE
USED IN THE APPAREL ARTICLE, WITH NO CONSIDERATION BEING GIVEN
TO PATCH POCKETS, APPLIQUES, OR THE LIKE. MINOR CUTTING,
TRIMMING, OR SEWING OF THOSE MAJOR PARTS WILL NOT EFFECT THE
DETERMINATION OF WHETHER AN APPAREL ARTICLE IS "KNIT-TO-SHAPE".
IMPORTED DIRECTLY - REFER TO THE DEFINITION 19 C.F.R. 10.213 (C).
FINDINGS AND TRIMMINGS GENERAL RULE: AN ARTICLE OTHERWISE
ELIGIBLE FOR PREFERENTIAL TREATMENT SHALL NOT BE INELIGIBLE FOR
SUCH TREATMENT BECAUSE THE ARTICLE CONTAINS FINDINGS OR
TRIMMINGS OF FOREIGN ORIGIN, IF THE VALUE OF SUCH FINDINGS AND
TRIMMINGS DOES NOT EXCEED 25 PERCENT OF THE COST OF THE
COMPONENTS OF THE ASSEMBLED ARTICLE. EXAMPLES OF FINDINGS AND
TRIMMINGS ARE SEWING THREAD (EXCEPT IF THE THREAD IS UNDER
9819.11.06), HOOKS AND EYES, SNAPS, BUTTONS, `BOW BUDS',
DECORATIVE LACE TRIM, ELASTIC STRIPS, AND ZIPPERS, INCLUDING
ZIPPER TAPES, AND LABELS. ELASTIC STRIPS ARE CONSIDERED FINDINGS
OR TRIMMINGS ONLY IF THEY ARE EACH LESS THAN 1 INCH IN WIDTH AND
USED IN THE PRODUCTION OF BRASSIERES.
CERTAIN INTERLININGS GENERAL RULE: AN ARTICLE OTHERWISE
ELIGIBLE FOR PREFERENTIAL TREATMENT SHALL NOT BE INELIGIBLE FOR
SUCH TREATMENT BECAUSE THE ARTICLE CONTAINS CERTAIN INTERLININGS
OF FOREIGN ORIGIN, IF THE VALUE OF SUCH INTERLININGS (AND ANY
FINDINGS AND TRIMMINGS) DOES NOT EXCEED 25 PERCENT OF THE COST
1OF THE COMPONENTS OF THE ASSEMBLED ARTICLE. INTERLININGS
ELIGIBLE FOR THE TREATMENT DESCRIBED ABOVE INCLUDE ONLY A CHEST
TYPE PLATE, A `HYMO' PIECE, OR `SLEEVE HEADER', OF WOVEN OR
WEFT-INSERTED WARP KNIT CONSTRUCTION AND OF COARSE ANIMAL HAIR
OR MAN-MADE FILAMENTS.
DE MINIMIS RULE: AN ARTICLE OTHERWISE ELIGIBLE FOR PREFERENTIAL
TREATMENT SHALL NOT BE INELIGIBLE FOR SUCH TREATMENT BECAUSE THE
ARTICLE CONTAINS FIBERS OR YARNS NOT WHOLLY FORMED IN THE UNITED
STATES OR ONE OR MORE BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES
IF THE TOTAL WEIGHT OF ALL SUCH FIBERS AND YARNS IS NOT MORE
THAN 7 PERCENT OF THE TOTAL WEIGHT OF THE ARTICLE.
VERIFICATION OF CLAIMS FOR PREFERENTIAL TARIFF TREATMENT UNDER
AGOA (19 C.F.R. 10.215 10.217)
A CLAIM FOR PREFERENTIAL TARIFF TREATMENT MUST BE BASED ON A
VALID CERTIFICATE OF ORIGIN THAT IS IN THE POSSESSION OF THE
IMPORTER AT THE TIME THAT THE CLAIM IS MADE. THE DECISION TO
GRANT PREFERENTIAL TARIFF TREATMENT IS THE RESPONSIBILITY OF THE
U.S. CUSTOMS SERVICE IN COMPLIANCE WITH THE ELIGIBILITY
CRITERIA. IMPORTERS SHOULD BE PREPARED TO PROVIDE THE
CERTIFICATE OF ORIGIN TO CONFIRM QUALIFICATION WITHIN 30 DAYS.
CUSTOMS OFFICERS AT THE PORTS SHOULD REQUEST THE CERTIFICATE OF
ORIGIN FROM THE IMPORTER TO CONFIRM QUALIFICATION. BACKUP
DOCUMENTATION SUCH AS MILL INVOICES MAY ALSO BE REQUESTED FROM
THE IMPORTER.
A VERIFICATION OF A CLAIM FOR PREFERENTIAL TARIFF TREATMENT MAY
INVOLVE, BUT NEED NOT BE LIMITED TO, A REVIEW OF:
1. ALL RECORDS REQUIRED TO BE MADE, KEPT, AND MADE
AVAILABLE TO CUSTOMS BY THE IMPORTER OR ANY OTHER
PERSON UNDER 19 C.F.R. 163;
2. DOCUMENTATION AND OTHER INFORMATION IN AN AGOA
BENEFICIARY COUNTRY REGARDING THE COUNTRY OF
ORIGIN OF AN ARTICLE AND ITS CONSTITUENT
MATERIALS, INCLUDING, BUT NOT LIMITED TO,
PRODUCTION RECORDS, INFORMATION RELATING TO THE
PLACE OF PRODUCTION, THE NUMBER AND IDENTIFICATION
OF THE TYPES OF MACHINERY USED IN THE PRODUCTION,
AND THE NUMBER OF WORKERS EMPLOYED IN PRODUCTION;
AND
3. EVIDENCE IN AN AGOA BENEFICIARY COUNTRY TO
DOCUMENT THE USE OF U.S. MATERIALS IN THE
PRODUCTION OF THE ARTICLE IN QUESTION, SUCH AS
PURCHASE ORDERS, INVOICES, BILLS OF LADING AND
OTHER SHIPPING DOCUMENTS, AND CUSTOMS IMPORT AND
CLEARANCE DOCUMENTS.
FAILURE TO PROVIDE EITHER THE CERTIFICATE OF ORIGIN OR THE
REQUESTED DOCUMENTATION WILL RESULT IN THE DENIAL OF THE CLAIM.
1
QUOTA / VISA REQUIREMENTS
SECTION 112(C) OF AGOA PROVIDES THAT THE PRESIDENT SHALL
ELIMINATE THE EXISTING QUOTAS ON TEXTILE AND APPAREL ARTICLES
IMPORTED INTO THE UNITED STATES FROM KENYA AND MAURITIUS WITHIN
30 DAYS AFTER EACH COUNTRY ADOPTS AN EFFECTIVE VISA SYSTEM TO
PREVENT UNLAWFUL TRANSSHIPMENT OF TEXTILE AND APPAREL ARTICLES
AND THE USE OF COUNTERFEIT DOCUMENTS RELATING TO THE IMPORTATION
OF THE ARTICLES INTO THE UNITED STATES. A QBT WILL BE ISSUED
WHEN THE EXISTING QUOTAS HAVE BEEN ELIMINATED.
A VALID VISA MUST BE PRESENTED AT TIME OF ENTRY OTHERWISE THE
CLAIM FOR PREFERENTIAL TARIFF TREATMENT WILL BE DENIED. THE
BENEFICIARY SUB-SAHARAN AFRICAN COUNTRY SHALL ISSUE A VISA FOR
EACH SHIPMENT OF TEXTILES OR TEXTILE ARTICLES, REGARDLESS OF
VALUE, AS IDENTIFIED AS GROUPINGS 1 TO 9 AND EXPORTED TO THE
UNITED STATES. THE VISA SHALL BE PRESENTED TO THE U.S. CUSTOMS
SERVICE AT TIME OF ENTRY, OR WITHDRAWAL FROM WAREHOUSE FOR
CONSUMPTION, INTO THE CUSTOMS TERRITORY OF THE UNITED STATES IF
PREFERENTIAL TARIFF TREATMENT IS CLAIMED.
A SHIPMENT SHALL BE VISAED BY THE STAMPING OF THE ORIGINAL
CIRCULAR VISA IN BLUE INK ONLY ON THE FRONT OF THE ORIGINAL
COMMERCIAL INVOICE. THE ORIGINAL VISA SHALL NOT BE STAMPED ON
DUPLICATE COPIES OF THE INVOICE. THE ORIGINAL INVOICE WITH THE
ORIGINAL VISA STAMP WILL BE REQUIRED TO ENTER THE SHIPMENT INTO
THE UNITED STATES CLAIMING THE PREFERENTIAL TARIFF TREATMENT.
DUPLICATES OF THE INVOICE AND/OR VISA MAY NOT BE USED FOR THIS
PURPOSE.
MERCHANDISE ENTERED UNDER 9819.11.09 AND 9819.11.12 MUST BE
FILED AS QUOTA/VISA TYPE ENTRIES (I.E. "02", "32") AND REPORTED
TO QUOTA.
WHEN THE AGOA PREFERENTIAL TARIFF TREATMENT IS BEING CLAIMED
UTILIZING 9802.00.8042 OR 9819.11 OF THE HTSUS THE AGOA VISA
WILL BE REPORTED IN THE VISA FIELD (BLOCK 34 OF THE CF 7501).
PLEASE REFER TO TBT-01-009 AND TBT-01-010 FOR SPECIFIC
INFORMATION REGARDING THE VISA ARRANGEMENTS WITH KENYA AND
MAURITIUS, RESPECTIVELY.
OTHER ISSUES
TEXTILE AND APPAREL ARTICLES ENTERED AT THE NORMAL DUTY RATES
BECAUSE THE IMPORTER DID NOT POSSESS A VALID CERTIFICATE OF
ORIGIN OR TEXTILE VISA TO MAKE A CLAIM, THAT HAVE MET THE ABOVE
PROVISIONS, CAN AVAIL THEMSELVES OF ALL THE AVAILABLE POST ENTRY
PROCEDURES WITH THE EXCEPTION OF NAFTA 520 (D).
ENTRIES FOR ARTICLES CLASSIFIED IN THE FOLLOWING HTSUS NUMBERS
MUST BE FILED NON-ABI UNTIL FURTHER NOTICE:
9802.00.8042
19819.11.03
9819.11.06
9819.11.09
9819.11.12
9819.11.15
9819.11.18
9819.11.21
9819.11.24
9819.11.27
FOR MERCHANDISE REPORTED UTILIZING AGOA UNDER A HTSUS 9819
CLASSIFICATION, THE VALUE FOR THE ARTICLES SHOULD BE REPORTED IN
THE HTSUS CHAPTER 1-97 CLASSIFICATION. NO VALUE SHOULD BE
REFLECTED IN THE HTSUS 9819 CLASSIFICATION.
ACTION:
FOR QUALIFYING MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE
FOR CONSUMPTION, ON OR AFTER JANUARY 18, 2001, CLAIMS FOR
PREFERENTIAL TARIFF TREATMENT UNDER AGOA MAY BE MADE IF ALL
NECESSARY REQUIREMENTS ARE MET FOR KENYA.
FOR QUALIFYING MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE
FOR CONSUMPTION, ON OR AFTER JANUARY 19, 2001, CLAIMS FOR
PREFERENTIAL TARIFF TREATMENT UNDER AGOA MAY BE MADE IF ALL
NECESSARY REQUIREMENTS ARE MET FOR MAURITIUS.
UNTIL THE NECESSARY PROGRAMMING IS COMPLETED, THE PORTS MUST FAX
A COPY OF UTILIZED VISAS TO THE NEW YORK STRATEGIC TRADE CENTER
AT (212) 637-7742. PLEASE FAX THE VISAS ON FRIDAY FOR ALL VISAS
PRESENTED THAT WEEK. A NOTICE WILL BE ISSUED WHEN THE
PROGRAMMING HAS BEEN COMPLETED.
INFORMATION:
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL
SUSAN THOMAS AT (202) 927-3719, GINA TAYLER AT (202) 927-4882,
CHERIE PARSONS AT (202) 927-7002 OR ROBERT ABELS AT (202)
927-1959.
/S/
ELIZABETH G. DURANT
CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS