| Title: | KENYA VISA ARRANGEMENT |
|---|---|
| Date: | 2001-02-02 |
| To: | abi |
| Links: | previous, next |
TO: ALL ABI BROKERS.
FROM: GINA TAYLER
SUBJECT: KENYA VISA ARRANGEMENT
DATE: 02/01/2001
JANUARY 30, 2001
CMP-11 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-01-009 KENYA TEXTILE VISA ARRANGEMENT FOR
CLAIMS UNDER THE AFRICAN GROWTH AND OPPORTUNITY
ACT (AGOA)
REFERENCE: TBT-01-008 AGOA IMPLEMENTATION INSTRUCTIONS
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. ONE CRITERION IS THAT THE SUB-SAHARAN
AFRICAN COUNTRY HAS ADOPTED AN EFFECTIVE VISA SYSTEM. THE
UNITED STATES TRADE REPRESENTATIVE (USTR) HAS NOTIFIED
U.S. CUSTOMS THAT KENYA HAS MET THE ABOVE REQUIREMENTS. PLEASE
REFER TO TBT-01-008 FOR MORE INFORMATION.
IN AN EXECUTIVE ORDER DATED JANUARY 17, 2001, THE PRESIDENT
DELEGATED USTR THE AUTHORITY TO DELEGATE THE U.S. CUSTOMS
SERVICE TO ENSURE THAT TEXTILE AND APPAREL ARTICLES DESCRIBED IN
SECTION 112 OF THE ACT THAT ARE ENTERED, OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION, ARE ACCOMPANIED BY AN APPROPRIATE
EXPORT VISA, IF THE PREFERENTIAL TARIFF TREATMENT IS CLAIMED
WITH RESPECT TO SUCH ARTICLES.
IMPORTERS CLAIMING PREFERENTIAL TARIFF TREATMENT UNDER AGOA FOR
ENTRIES OF TEXTILE AND APPAREL ARTICLES SHOULD ENSURE THAT THOSE
ENTRIES MEET THE FOLLOWING VISA REQUIREMENTS:
THE GOVERNMENT OF KENYA SHALL ISSUE A VISA FOR EACH SHIPMENT OF
TEXTILES OR APPAREL ARTICLES, REGARDLESS OF VALUE, AS IDENTIFIED
IN 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 IF CLAIMING THE PREFERENTIAL TARIFF TREATMENT.
DUPLICATES OF THE INVOICE AND/OR VISA MAY NOT BE USED FOR THIS
PURPOSE.
EACH VISA STAMP MUST INCLUDE THE FOLLOWING INFORMATION:
VISA NUMBER: THE VISA STAMP SHALL BE IN THE STANDARD NINE
DIGIT-LETTER FORMAT BEGINNING WITH ONE NUMERIC DIGIT FOR THE
DESIGNATED GROUPING (1 TO 9), AS DEFINED BELOW, FOLLOWED BY THE
TWO-CHARACTER ALPHA CODE SPECIFIED BY THE INTERNATIONAL
ORGANIZATION FOR STANDARDIZATION (ISO), FOLLOWED BY A SIX-DIGIT
NUMERICAL SERIAL NUMBER IDENTIFYING THE SHIPMENT, E.G., 1KE512345.
GROUPING 1: APPAREL ARTICLES ASSEMBLED IN ONE OF MORE
BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES FROM FABRICS WHOLLY
FORMED AND CUT IN THE UNITED STATES, FROM YARN WHOLLY FORMED IN
THE UNITED STATES.
GROUPING 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 IF, AFTER SUCH ASSEMBLY, THE ARTICLES WOULD
HAVE QUALIFIED FOR ENTRY UNDER 9802.00.80 OF THE HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) BUT FOR THE FACT
THAT THE ARTICLES WERE EMBROIDERED OR SUBJECT TO STONE-WASHING,
ENZYME-WASHING, ACID WASHING, PERMA-PRESSING, OVEN BAKING,
BLEACHING, GARMENT-DYEING, SCREEN PRINTING, OR OTHER SIMILAR
PROCESSES.
GROUPING 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 IF
SUCH ARTICLES ARE ASSEMBLED IN ONE OR MORE BENEFICIARY
SUB-SAHARAN AFRICAN COUNTRIES WITH THREAD FORMED IN THE UNITED
STATES.
GROUPING 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 YARNS ORIGINATING EITHER IN THE UNITED STATES OR ONE OR
MORE BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES.
GROUPING 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.
GROUPING 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.
GROUPING 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.
GROUPING 8: APPAREL ARTICLES WHOLLY ASSEMBLED IN ONE OR MORE
BENEFICIARY SUB-SAHARAN AFRICAN COUNTRIES FROM FABRIC OR YARN
NOT FORMED IN THE UNITED STATES OR ANY BENEFICIARY SUB-SAHARAN
AFRICAN COUNTRY, IF (1) APPAREL ARTICLES OF SUCH FABRICS OR
YARNS WOULD BE ELIGIBLE FOR PREFERENTIAL TREATMENT, WITHOUT
REGARD TO THE SOURCE OF THE FABRIC OR YARN, UNDER ANNEX 401 TO
THE NORTH AMERICAN FREE TRADE AGREEMENT, OR (2) THE PRESIDENT
PROCLAIMS THAT APPAREL ARTICLES OF SUCH FABRIC OR YARN MAY BE
ACCORDED PREFERENTIAL TARIFF TREATMENT UNDER AGOA.
GROUPING 9: HANDMADE, HANDLOOMED, OR FOLKLORE ARTICLES
(QUALIFYING ARTICLES WILL BE DETERMINED FOLLOWING BILATERAL
CONSULTATIONS.)
THE DATE OF ISSUANCE: THE DATE OF ISSUANCE SHALL BE THE DAY,
MONTH AND YEAR ON WHICH THE VISA WAS SIGNED BY AN AUTHORIZED
GOVERNMENT OFFICIAL.
AUTHORIZED SIGNATURE: THE ORIGINAL SIGNATURE OF AN AUTHORIZED
OFFICIAL OF THE BENEFICIARY SUB-SAHARAN AFRICAN COUNTRY OR HIS
DESIGNATE.
THE CORRECT GROUPING, THE QUANTITY, AND UNIT OF QUANTITY IN THE
SHIPMENT SHALL BE PROVIDED WITHIN THE VISA STAMP, E.G.,
"GROUPING 5 - 510 DZ." QUANTITIES MUST BE STATED IN WHOLE
NUMBERS. DECIMALS OR FRACTIONS WILL NOT BE ACCEPTED.
IF THE QUANTITY INDICATED ON THE VISA IS LESS THAN THAT OF THE
SHIPMENT, ONLY THE QUANTITY SHOWN ON THE VISA IS ELIGIBLE FOR
PREFERENTIAL TARIFF TREATMENT.
IF THE QUANTITY INDICATED ON THE VISA IS MORE THAN THAT OF THE
SHIPMENT, ONLY THE QUANTITY OF THE SHIPMENT IS ELIGIBLE FOR
PREFERENTIAL TARIFF TREATMENT. ANY OVERAGE CANNOT BE APPLIED TO
ANY OTHER SHIPMENT.
THE VISA WILL NOT BE ACCEPTED AND PREFERENTIAL TARIFF TREATMENT
WILL NOT BE PERMITTED IF THE VISA NUMBER, DATE OF ISSUANCE,
AUTHORIZED SIGNATURE, CORRECT GROUPING, QUANTITY OR UNIT OF
QUANTITY ARE MISSING, INCORRECT, ILLEGIBLE OR HAVE BEEN CROSSED
OUT OR ALTERED IN ANY WAY.
IF THE VISA IS NOT ACCEPTABLE, A NEW VISA MUST BE OBTAINED FROM
AN AUTHORIZED OFFICIAL OF THE BENEFICIARY SUB-SAHARAN AFRICAN
COUNTRY, OR ITS DESIGNATE BEFORE PREFERENTIAL TARIFF TREATMENT
CAN BE CLAIMED. WAIVERS ARE NOT PERMITTED.
IF THE VISAED INVOICE IS DEEMED INVALID, THE U.S. CUSTOMS
SERVICE WILL NOT RETURN THE ORIGINAL DOCUMENT AFTER ENTRY, BUT
WILL PROVIDE A CERTIFIED COPY OF THAT VISAED INVOICE FOR USE IN
OBTAINING A NEW CORRECT ORIGINAL VISAED INVOICE.
WHEN THE AGOA PREFERENTIAL TARIFF TREATMENT IS BEING CLAIMED
UTILIZING 9802.00.8042 OR 9819.11 OF THE HARMONIZED TARIFF
SCHEDULE OF THE UNITED STATES (HTSUS) THE AGOA VISA WILL BE
REPORTED IN THE VISA FIELD (BLOCK 34 OF THE CF 7501).
ACTION:
EFFECTIVE JANUARY 18, 2001, A VALID VISA, AS DESCRIBED ABOVE,
MUST ACCOMPANY ALL CLAIMS FOR AGOA PREFERENTIAL TARIFF TREATMENT
FROM KENYA.
INFORMATION:
IF YOU HAVE ANY QUESTIONS CONCERNING THE VISA ARRANGEMENT,
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