CSMS Message: 02-001516

Title:TBT-02-039 BOTSWANA HANDLOOMED
Date:2002-11-12
To:abi
Links:previous, next

DATE: 11/08/2002
TO: DIRECTORS, FIELD OPERATIONS

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

SUBJECT: TBT-02-039 HANDLOOMED FABRIC AND HANDMADE ARTICLES FROM
SUCH HANDLOOMED FABRIC PRODUCED IN BOTSWANA ELIGIBLE FOR
PREFERENTIAL TARIFF TREATMENT UNDER THE AFRICAN GROWTH AND
OPPORTUNITY ACT (AGOA)

REF: TBT-01-008 AGOA IMPLEMENTATION INSTRUCTIONS
TBT-01-043 BOTSWANA VISA ARRANGEMENT

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 ACT PROVIDES FOR DUTY-FREE TREATMENT 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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ACCOMPANIED BY AN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 ARE IMPORTED, THE REPORTED QUANTITY WILLBE 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.

ON OCTOBER 9, 2002, CITA HELD CONSULTATIONS WITH THE GOVERNMENT OF
BOTSWANA. IN A NOVEMBER 6, 2002 FEDERAL REGISTER NOTICE (67 FR 67604),
CITA HAS DETERMINED THAT HANDLOOMED FABRICS AND HANDMADE ARTICLES MADE
FROM SUCH HANDLOOMED FABRICS PRODUCED IN AND EXPORTED FROM BOTSWANA ARE
ELIGIBLE FROM 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 BOTSWANA. AN AGOA CLAIM MAY BE FILED FOR SUCH ARTICLES
UNDER HARMONIZED TARIFF SCHEDULE (HTS) 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 TARIFF TREATMENT TO ADDITIONAL
PRODUCTS FOLLOWING FUTURE CONSULTATIONS WITH THE GOVERNMENT OF BOTSWANA.

ACTION:

EFFECTIVE NOVEMBER 18, 2002, HANDLOOMED FABRICS AND HANDMADE ARTICLES
MADE FROM SUCH HANDLOOMED FABRICS PRODUCED IN AND EXPORTED FROM
BOTSWANA 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 BOTSWANA. SUCH PRODUCTS ARE CLASSIFIABLE
UNDER HTS 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
(202) 927-1959.

(SIGNED JANET L. LABUDA)
FOR ELIZABETH G. DURANT