CSMS Message: 02-000205

TO: DIRECTORS, FIELD OPERATIONS
FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS

SUBJECT: TBT-02-007 TANZANIA 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 ("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. PER A FEBRUARY 11, 2002, FEDERAL
REGISTER NOTICE (67 FR 6313), THE UNITED STATES TRADE REPRESENTATIVE
(USTR) HAS NOTIFIED U.S. CUSTOMS THAT TANZANIA HAS MET THE ABOVE
REQUIREMENTS.
QUALIFYING MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER FEBRUARY 4, 2002, 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DESCRIBED IN SECTION 112 OF THE ACT ARE ENTERED, OR WITHDRAWN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 BE 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 TANZANIA 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.,
1TZ512345.

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
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 TANZANIA 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 SEPARATE
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 DOZEN 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 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 TANZANIA, 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.

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 "TANZANIA" IN ALPHABETICAL SEQUENCE IN THE
LIST OF COUNTRIES.

EFFECTIVE FEBRUARY 4, 2002, A VALID VISA, AS DESCRIBED ABOVE,
MUST ACCOMPANY ALL CLAIMS FOR AGOA PREFERENTIAL TARIFF TREATMENT
FROM TANZANIA.

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.

\S\ JANET L. LABUDA FOR
ELIZABETH G. DURANT

CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS