| Title: | TBT-01-061 ZAMBIA AGOA VISA AR |
|---|---|
| Date: | 2001-12-26 |
| To: | abi |
| Links: | previous, next |
TO: DIRECTORS, FIELD OPERATIONS
FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS
SUBJECT: TBT-01-061 ZAMBIA TEXTILE VISA ARRANGEMENT FOR CLAIMS
UNDER THE AFRICAN GROWTH AND OPPORTUNITY ACT (AGOA)
REF: TBT-01-008 AGOA IMPLEMENTATION INSTRUCTIONS
BACKGROUND:
THE TRADE AND DEVELOPMENT ACT OF 2000 (OTHE ACTO), 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 TACT. 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, CERTAIM CUSTOMS SPROCEDURES THAT ASSIST
THE CUSTOMS SERVICE IN VERIFYING THE ORIGIN OF THE PRODUCTS. PER A
DECEMBER 20, 2001, FEDERAL REGISTER NOTICE (66 FR 65773), THE UNITED
STATES TRADE REPRESENTATIVE (USTR) HAS NOTIFIED U.S. CUSTOMS THAT
ZAMBIA HAS MET THE REQUIREMENTS. QUALIFYING MERCHANDISE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTIOON OR AFTER DECEMBER 17, 2001,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 EXTILE AND APPAREL ARTICLES DESCRIBED IN SECTION
112 OF THE ACT ARE EMTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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 ZAMBIA 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., 1ZM512345.
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
9802.00.8O 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 ZAMBIA 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.
FOR GROUPINGS 1 TO 8, THE QUANTITY SHOWN ON THE VISA FOR ALL WEARING
APPAREL WILL BE REPORTED IN DOZENS, EXCEPT FOR:
1. MEN'S, BOYS', WOMEN'S OR GIRL'S SUITS, WHICH WILL BE REPORTED
IN NUMBER
2. PANTY HOSE, TIGHTS, STOCKINGS, SOCKS, OTHER HOSIERY, GLOVES,
MITTENS AND MITTS WILL BE REPORTED IN DOZEN PAIRS
IF THERE ARE ITEMS IN THE SAME GROUPING THAT ARE MIXED SUCH AS SUITS
(WHICH REQUIRE NUMBER) AND PANTS (WHICH REQUIRE DOZEN) OR SHIRTS AND
PANTS (WHICH BOTH REQUIRE DOZEN), THEN A SEPERATE QUANTITY WILL BE
SHOWN FOR EACH OF THE ITEMS. FOR EXAMPLE, A VISA FOR GROUPING 1 COULD
INDICATE 105 SUITS WITH 10 DOZEN SHIRTS OR 10 DOZEN SHIRTS AND 12
PANTS.
FOR GROUPING 9, THE QUANTITY SHOWN ON THE VISA WILL BE THE NORMAL
REPORTING QUANTITY FOR THE TYPE OF IMPORTED MERCHANDISE. FOR EXAMPLE,
IF RUGS OR HAND LOOMED FABRIC WERE IMPORTED, THE REPORTED QUANTITY
WILL BE IN SQUARE METERS; IF BEDSPREADS, TOWELS OR OTHER HOUSEHOLD
FURNISHINGS ARE IMPORTED, THE REPORTED QUANTITY WILL BE IN KILOS; AND
IF IT IS WEARING APPAREL, IT WILL BE REPORTED AS IN GROUPINGS 1 TO 8.
IF THE QUANTITY INDICATED ON THE VISA IS LESS THAN THAT OF THE SHIPMENT,
ONLY THE QUANTITY OF THE SHIPMENT 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 ZAMBIA, OR ITS DESIGNATE, BEFORE PREFERENTIAL
TARIFF TREATMENT 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.
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 "ZAMBIA" IN ALPHABETICAL SEQUENCE IN THE LIST OF COUNTRIES.
EFFECTIVE DECEMBER 17, 2001, A VALID VISA, AS DESCRIBED ABOVE, MUST
ACCOMPANY ALL CLAIMS FOR AGOA PREFERENTIAL TARIFF TREATMENT FROM
ZAMBIA.
PLEASE PASS THIS MEMORANDUM TO PORT DIRECTORS, ASSISTANT PORT DIRECTORS,
IMPORT SPECIALISTS, INSPECTORS, ENTRY SPECIALISTS, BROKERS AND
IMPORTERS.
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 JANET L. LABUDA/
FOR ELIZABETH G. DURANT
CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS