| Title: | TBT-01-028 LESOTHO AGOA VISA A |
|---|---|
| Date: | 2001-05-08 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : SUSAN S THOMAS
SUBJECT : TBT-01-028 LESOTHO AGOA VISA ARRANGEMENT
DATE : 05/07/2001
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-01-028 LESOTHO TEXTILE VISA ARRANGEMENT FOR CLAIMS
UNDER THE AFRICAN GROWTH AND OPPORTUNITY ACT (AGOA)
REFERENCE: TBT-01-008 AGOA IMPLEMENTATION INSTRUCTIONS TBT-93-012 LESOT
TBT-93-012 LESOTHO VISA ARRANGEMENT
BACKGROUND:
THE TRADE AND DEVELOPMENT ACT OF 2000 ("THE ACT"), WHICH WAS SIGNED INTO
LAW ON WAY 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 LESOTHO HAS MET THE ABOVE REQUIREMENTS. QUALIFYING MERCHANDISE
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
APRIL 23, 2001, MAY BE CLAIMED FOR PREFERENTIAL TARIFF TREATMENT
DESCRIBED IN SECTION 112(A) OF THE ACT IF ALL REQUIREMENTS HAVE
BEEN MET.
PER A 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SECTION 112 OF THE ACT ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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 LESOTHO 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), 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., 1LS512345.
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.
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 UUNDER 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 LESOTHO 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 ORFRACTIONS
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 LESOTHO, 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 CERTIFIFED COPY OF THAT VISAED INVOICE FOR USE IN OBTAINING
A NEW CORRECT ORIGINAL VISAED INVOICE.
CURRENT CITA VISA ARRANGEMENT
THE CURRENT VISA REQUIREMENTS NEGOTIATED BY THE COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE AGREEMENTS (CITA) HAVE NOT BEEN RESCINDED.
THEREFORE, MERCHANDISE EXPORTED FROM LESOTHO AND ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION MAY HAVE TWO VISAS PRESENTED
WHEN AGOA IS CLAIMED. 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). IF
MERCHANDISE IS NOT BEING CLAIMED FOR AGOA PREFERENTIAL TARIFF TREATMENT,
THE VISA THAT IS REQUIRED UMDER THE CURRENT BILATERAL AGREEMENT MUST
BE REPORTED IN THE VISA FIELD AND PRESENTED WITH THE ENTRY PRIOR TO
RELEASE. PLEASE REFER TO TBT-93-012 FOR DETAILS ON THE CITA NEGOTIATED
ARRANGEMENT WITH LESOTHO.
ACTION:
EFFECTIVE APRIL 23, 2001, A VALID AGOA VISA, AS DESCRIBED ABOVE, MUST
BE PRESENTED FOR ENTRY, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
WHEN PREFERENTIAL DUTY TREATMENT IS BEING CLAIMED UNDER AGOA.
IF THE AGOA PREFERENTIAL DUTY TREATMENT IS NOT BEING CLAIMED, A VISA
USING THE FORMAT CURRENTLY IN PLACE BASED ON THE DIRECTIVES WITH
CITA MUST BE PRESENTED FOR ENTRY, OR WITHDRAWAL FROM WAREHOUSE, FOR
CONSUMPTION.
INFORMATION:
IF YOU HAVE ANY QUESTIONS CONCERNING THE VISA ARRANGEMENT, PLEASE CALL
SUSAN THOMAS AT (202) 927-3719 OR ROBERT ABELS AT (202) 927-1959.
/SIGNED/ ANNE K. LOMBARDI
FOR ELIZABETH G. DURANT
CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS