CSMS Message: 02-000813

DATE: JUNE 20, 2002

TO: DIRECTORS, FIELD OPERATIONS

FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS

SUBJECT: REPUBLIC OF CôTE D'IVOIRE ELIGIBLE FOR AFRICAN GROWTH AND
OPPORTUNITY ACT (AGOA) BENEFITS ON NON-TEXTILE PRODUCTS

BACKGROUND:

THE TRADE AND DEVELOPMENT ACT OF 2000 ("THE ACT"), WAS SIGNED INTO
LAW ON MAY 18, 2000. TITLE I OF THE ACT AUTHORIZED A NEW TRADE AND
INVESTMENT POLICY FOR DESIGNATED COUNTRIES OF SUB-SAHARAN AFRICA AND
IS REFERRED TO IN THE ACT AS THE AGOA.

SECTION 506A(A)(1) OF THE TRADE ACT OF 1974, AS AMENDED (THE "1974
ACT"), AUTHORIZES THE PRESIDENT TO DESIGNATE A COUNTRY LISTED IN
SECTION 107 OF THE AGOA AS A "BENEFICIARY SUB-SAHARAN AFRICAN (SSA)
COUNTRY."

PURSUANT TO SECTION 506A(A)(1) OF THE 1974 ACT, PRESIDENTIAL
PROCLAMATION 7561, DATED MAY 16, 2002, PUBLISHED IN THE FEDERAL
REGISTER ON MAY 21, 2002, (67 FR 35705-35706), DESIGNATED THE
REPUBLIC OF COTE D'IVOIRE AS A BENEFICIARY SSA COUNTRY FOR PURPOSES
OF THE AGOA. AS A RESULT, PROCLAMATION 7561 MODIFIED GENERAL NOTE
16(A) TO THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES BY
INSERTING IN ALPHABETICAL SEQUENCE IN THE LIST OF BENEFICIARY SSA
COUNTRIES, "REPUBLIC OF COTE D'IVOIRE."

ACTION:

PURSUANT TO PROCLAMATION 7561, CLAIMS FOR PREFERENTIAL TARIFF TREATMENT
UNDER THE AGOA FOR NON-TEXTILE MERCHANDISE FROM THE REPUBLIC OF COTE
D'IVOIRE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER MAY 21, 2002, WILL BE ACCEPTED.

IN ADDITION, THE GENERALIZED SYSTEM OF PREFERENCES (GSP) DOES NOT
EXPIRE FOR BENEFICIARY SSA COUNTRIES UNTIL SEPTEMBER 30, 2008.
THEREFORE, GSP BENEFITS FOR ELIGIBLE IMPORTS FROM THE REPUBLIC OF COTE
D'IVOIRE ARE REINSTATED, EFFECTIVE MAY 21, 2002.

WITH RESPECT TO GSP-ELIGIBLE GOODS FROM THE REPUBLIC OF COTE D'IVOIRE
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION BETWEEN
OCTOBER 1, 2001, AND MAY 20, 2002, CUSTOMS WILL ISSUE REFUNDS ONLY
IF CONGRESS RENEWS THE REGULAR GSP WITH RETROACTIVE EFFECT.

IMPORTERS OR THEIR AGENTS MAY AVAIL THEMSELVES OF ALL AVAILABLE POST-
ENTRY PROCEDURES, WITH THE EXCEPTION OF NORTH AMERICAN FREE TRADE
AGREEMENT 520(D) CLAIMS, TO RECEIVE A REFUND OF DUTIES FOR ELIGIBLE
AGOA NON-TEXTILE ARTICLES FROM THE REPUBLIC OF COTE D'IVOIRE ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 21, 2002.

AUTOMATED COMMERCIAL SYSTEM PROGRAMMING FOR THE ABOVE REFERENCED
MODIFICATIONS IS COMPLETE. THEREFORE, IMPORTERS MAY FILE CLAIMS VIA
ABI FOR DUTY-FREE TREATMENT OF AGOA AND GSP-ELIGIBLE NON-TEXTILE GOODS
FROM THE REPUBLIC OF COTE D'IVOIRE. SUCH CLAIMS MAY BE MADE BY USING
THE SPECIAL PROGRAM INDICATORS "A" OR "D", FOR THE GSP OR AGOA PROGRAMS,
RESPECTIVELY.

COPIES OF THIS MEMORANDUM SHOULD BE MADE AVAILABLE TO PORT DIRECTORS;
ASSISTANT PORT DIRECTORS, TRADE; IMPORT AND ENTRY SPECIALISTS;
INSPECTORS; BROKERS; IMPORTERS AND OTHER INTERESTED PARTIES.

QUESTIONS FROM THE IMPORTING COMMUNITY CONCERNING THIS NOTICE SHOULD
BE REFERRED TO THEIR LOCAL CUSTOMS PORT. THE CUSTOMS PORT OF ENTRY
MAY REFER QUESTIONS TO MS. ARLENE LUGO, TRADE AGREEMENTS BRANCH, AT
(202) 927-4183, OR VIA CC:MAIL.

/SIGNED/
ELIZABETH G. DURANT

CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS