CSMS Message: 02-001221

Title:TBT-02-032 KENYA HANDLOOMED AG
Date:2002-09-19
To:abi
Links:previous, next

TO : ALL ABI BROKERS.
FROM : SUSAN S THOMAS

SUBJECT : TBT-02-032 KENYA HANDLOOMED AG

OATE : 09/18/2002

SEPTEMBER 17, 2002

CMP-11
FO:TCF:TEO:TO SST

TO : DIRECTORS, FIELD OPERATIONS

FROM : EXECUTIVE DIRECTOR, TRADE COMPLIANCE AND FACILITATION
OFFICE OF FIELD OPERATIONS

SUBJECT : TBT-02-032 HANDLOOMED FABRIC AND HANDMADE ARTICLES FROM SUCH
HANDLOOMED FABRIC PRODUCED IN KENYA ELIGIBLE FOR PREFERENTIAL
TARIFF TREATMENT UNDER THE AFRICAN GROWTH AND OPPPRTUNITY
ACT (AGOA)

REF : TBT-01-008 AGOA IMPLEMENTATION INSTRUCTIONS TBT-01-009
KENYA VISA ARRANGEMENT

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 ACT PROVIDES FOR DUTY-FREE TREATMEN FOR
FOR IMPORTS OF CERTAIN TEXTILE AND APPAREL PRODUCTS OF BENEFICIARY
SUB-SAHARAN AFRICAN COUNTRIES, INCLUDING HANDLOOMED, HANDMADE, OR
FOLKLORE ARTICLES THAT ARE CERTIFIED AS SUCH BY COMPETENT AUTHORITIES
OF THE BENEFICIARY COUNTRY. EXECUTIVE ORDER 13191 DATED JANUARY 17, 2001
AUTHORIZED THE COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
(CITA) TO CONSULT WITH BENEFICIARY COUNTRIES AND TO DETERMINE WHICH
PARTICULAR TEXTILE AND APPAREL GOODS SHALL BE TREATED AS HANDLOOMED,
HANDMADE, OR FOLKLORE ARTICLES.

PER A JANUARY 25, 2001 FEDERAL REGISTER NOTICE (66 FR 7837), THE
PRESIDENT DELEGATED THE OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
(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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ACCOMPANIED BY AN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. GROUPING 9 OF THIS VISA ARRANGEMENT IS
FOR HANDMADE, HANDLOOMED, OR FOLKLORE ARTICLES. PLEASE NOTE THAT THE
QUANTITY SHOWN ON THE VISA FOR GROUPING 9 WILL BE THE NORMAL REPORTING
QUANTITY FOR THE TYPE OF IMPORTED MERCHANDISE. FOR EXAMPLE, IF RUGS OR
HAND LOOMED FABRIC WERE IMPORTED, THE REPORTED QUANTITYWILL 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.

CITA HELD CONSULTATIONS WITH THE GOVERNMENT OF KENYA ON MAY 21, 2002.
IN A SEPTEMBER 5, 2002 FEDERAL REGISTER NOTICE (67 FR 56805), CITA
HAS DETERMINED THAT HANDLOOMED FABRICS AND HANDMADE ARTICLES MADE
FROM SUCH HANDLOOMED FABRICS PRODUCED IN AND EXPORTED FROM KENYA ARE
ELIGIBLE FOR PREFERENTIAL TARIFF TREATMENT UNDER SECTION 112(A) OF THE
AGOA IF ACCOMPANIED BY AN AGOA EXPORT VISA FOR GROUPING 9 ISSUED BY THE
GOVERNMENT OF KENYA. SUCH PRODUCTS MAY FILE AN AGOA CLAIM FOR SUCH
PRODUCTS UNDER HARMONIZED TARIFF SCHEDULE PROVISION 9819.11.27 WHEN
ACCOMPANIED BY AN APPROPRIATE EXPORT VISA.

PLEASE NOTE THAT NO FOLKLORE ITEMS HAVE BEEN DESIGNATED AT THIS TIME.
CITA MAY EXTEND THIS PREFERENTIAL TARIF TREATMENT TO ADDITIONAL
PRODUCTS FOLLOWING FUTURE CONSULTATIONS WITH THE GOVERNMENT OF KENYA.

ACTION:

EFFECTIVE SEPTEMBER 5, 2002, HANDLOOMED FABRICS AND HANDMADE ARTICLES
MADE FROM SUCH HANDLOOMED FABRICS PRODUCED IN AND EXPORTED FROM KENYA
ARE ELIGIBLE FOR PREFERENTIAL TARIFF TREATMENT UNDER SECTION 112(A) OF
THE AGOA IF ACCOMPANIED BY AN AGOA EXPORT VISA FOR GROUPING 9 ISSUED
BY THE GOVERNMENT OF KENYA. SUCH PRODUCTS ARE CLASSIFIABLE UNDER
HARMONIZED TARIFF SCHEDULE PROVISION 9819.11.27 WHEN ACCOMPANIED BY AN
APPROPRIATE EXPORT VISA.

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 MS SUSAN THOMAS, AT (202) 927-3719 OR MR. ROBERT ABELS, AT
AT (202) 927-1959.

(JANET L. LABUDA SIGNED FOR)

ELIZABETH G. DURANT