| Title: | MADAGASCAR VISA ARRANGEMENT |
|---|---|
| Date: | 2001-03-15 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : CHERI B ZZ-PARSONS
SUBJECT : MADAGASCAR VISA ARRANGEMENT
DATE : 03/14/2001
CMP-11 FO:TP:IA:TT SST
TO: DIRECTORS, FIELD OPERATIONS
FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS
PASS TO: PORT DIRECTORS, ASSISTANT PORT DIRECTORS, IMPORT
SPECIALISTS, INSPECTORS, ENTRY SPECIALISTS,
BROKERS AND IMPORTERS
SUBJECT: TBT-01-017 MADAGASCAR 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. THE CRITERIA INCLUDES THAT THE
SUB-SAHARAN AFRICAN COUNTRY HAS ADOPTED AN EFFECTIVE VISA SYSTEM
AND HAS IMPLEMENTED AND FOLLOWS, OR IS MAKING SUBSTANTIAL
PROGRESS TOWARD IMPLEMENTING AND FOLLOWING, CERTAIN CUSTOMS
PROCEDURES THAT ASSIST THE U.S. CUSTOMS SERVICE IN VERIFYING THE
ORIGIN OF THE PRODUCTS. THE UNITED STATES TRADE REPRESENTATIVE
(USTR) HAS NOTIFIED U.S. CUSTOMS THAT MADAGASCAR HAS MET THE
ABOVE REQUIREMENTS. QUALIFYING MERCHANDISE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MARCH 6,
2001, MAY BE CLAIMED FOR PREFERENTIAL TARIFF TREATMENT DESCRIBED
IN SECTION 112(A) OF THE ACT IF ALL REQUIREMENTS HAVE BEEN MET.
PER THE JANUARY 25, 2001 FEDERAL REGISTER NOTICE (66 FR 7837),
THE PRESIDENT DELEGATED USTR THE AUTHORITY TO DIRECT THE U.S.
CUSTOMS SERVICE TO ENSURE THAT TEXTILE AND APPAREL ARTICLES
DESCRIBED IN SECTION 112 OF THE ACT ARE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ACCOMPANIED BY AN APPROPRIATE
EXPORT VISA WHEN 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 MADAGASCAR SHALL ISSUE A VISA FOR EACH
1SHIPMENT 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 ANDOR 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.,
1MG512345.
GROUPING 1: APPAREL ARTICLES ASSEMBLED IN ONE OR 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.
1
GROUPING 5: APPAREL ARTICLES WHOLLY ASSEMBLED IN ONE OR MORE
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 MADAGASCAR 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.
1
IF THE VISA IS NOT ACCEPTABLE, A NEW VISA MUST BE OBTAINED FROM
AN AUTHORIZED OFFICIAL OF MADAGASCAR, 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 HTSUS THE AGOA VISA
WILL BE REPORTED IN THE VISA FIELD (BLOCK 34 OF THE CF 7501).
ACTION:
PLEASE AMEND U.S. NOTE 7(A) TO SUBCHAPTER II OF CHAPTER 98 OF
THE HTSUS AND U.S. NOTE 1 TO SUBCHAPTER XIX OF CHAPTER 98 OF THE
HTSUS BY INSERTING "MADAGASCAR" IN ALPHABETICAL SEQUENCE IN THE
LIST OF COUNTRIES.
EFFECTIVE MARCH 6, 2001, A VALID VISA, AS DESCRIBED ABOVE, MUST
ACCOMPANY ALL CLAIMS FOR AGOA PREFERENTIAL TARIFF TREATMENT FROM
MADAGASCAR.
PLEASE NOTE THAT ABI TRANSMISSION IS NOT AVAILABLE, AND ALL
CLAIMS MUST BE FILED VIA NON-ABI ENTRIES UNTIL NOTIFIED
OTHERWISE. PORTS ARE REMINDED TO FAX ALL AGOA VISAS TO THE NEW
YORK STRATEGIC TRADE CENTER (NYSTC) AT212-637-7742 UNTIL
THE AUTOMATED PROGRAMMING IS COMPLETED.
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