| Title: | RE: QBT-2002-63: AGOA -BOTSWANA AND NAMIBIA |
|---|---|
| Date: | 2002-11-25 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : STEPHEN SILVESTRI
SUBJECT : RE: 9999-1 QBT-2002-63: AGOA -
BTE : 11/22/2002
BOARD: OTO2
POSTED BY: HQ QUOTA
RETENTION: 999
NOVEMBER 20,
2002
CATEGORY : QUO
TO : DIRECTORS, FIELD OPERATIONS
FROM : EXECUTIVE DIRECTOR, TRADE COMPLIANCE AND FACILITATION
OFFICE OF FIELD OPERATIONS
SUBJECT : QBT-2002-63: QUOTA REPORTING FOR APPAREL PRODUCTS
IMPORTED UNDER THE PROVISIONS OF THE AFRICAN GROWTH AND
OPPORTUNITY ACT (AGOA) U BOTSWANA AND NAMIBIA
(AMENDS QBT-2001-39, AND QBT-2001-77)
REFERENCE: TBT-02-038
DESIGNATED SUB-SAHARAN AFRICAN COUNTRIES ARE ELIGIBLE FOR BENEFITSUNDER
THE PROVISIONS OF THE AGOA ONCE THEY HAVE SATISFIED THE REQUIREMENTS
UNDER THE ACT. PURSUANT TO THE OFFICE OF THE UNITED STATES TRADE
REPRESENTATIVE'S (USTR) FEDERAL REGISTER NOTICE DATED NOVEMBER 18, 2002,
BOTSWANA AND NAMIBIA HAS SATISFIED THE REQUIREMENTS UNDER THE ACT AS A
LESSER-DEVELOPED DEVELOPING COUNTRY AND IS NOW ELIGIBLE TO CLAIM
PREFERENTIAL TARIFF TREATMENT UNDER THE PROVISIONS OF THE AGOA.
COMMODITY:
QUALIFYING GOODS ENTERED, OR WITHDRAWN FROM A WAREHOUSE FOR CONSUMPTION,
ON OR AFTER AUGUST 6, 2002, CLAIMING PREFERENTIAL TARIFF TREATMENT UNDER
AGOA FOR GOODS FROM BOTSWANA AND NAMIBIA MAY BE MADE IF ALL NECESSARY
REQUIREMENTS ARE MET.
QUOTA PERIOD:
TUESDAY, OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2003
RESTRAINT LEVEL:
WILL BE ANNOUNCED IN A FUTURE TELEX.
HTS NUMBERS:
FIRST TARIFF FIELD SECOND TARIFF FIELD
9819.11.09
CHAPTERS 61 AND 62, OR HEADINGS
6501, 6502, 6503, AND 6504, OR SUBHEADINGS 6406.99 AND 6505.90
9819.11.12 CHAPTERS 61 AND 62, OR HEADINGS 6501, 6502, 6503, AND 6504,OR
SUBHEADINGS 6406.99 AND 6505.90
REPORTING INSTRUCTIONS:
USE ENTRY TYPE CODE 02, 07, 12, 23, 32, 38 OR 02 FOR FTZ'S.
REPORT IN UNIT OF MEASURE (UOM) QUANTITY CORRESPONDING WITH THE SPECIFIC
HTSUS CHAPTER 61 AND 62 NUMBERS, HEADINGS 6501, 6502, 6503, AND 6504,
AND SUBHEADINGS 6406.99 AND 6505.99 UNDER WHICH THE APPAREL ARTICLES ARE
CLASSIFIED.
MERCHANDISE PRESENTED SHALL BE REPORTED AND RELEASED VIA THE QUOTA
MODULE OF ACS UNTIL A HOLD STATUS IS INDICATED.
SPECIAL INSTRUCTIONS:
TEXTILE AND APPAREL ARTICLES EXPORTED FROM BOTSWANA AND NAMIBIA,
FOR WHICH PREFERENTIAL TARIFF TREATMENT UNDER THE AGOA IS CLAIMED,
REQUIRES THAT THE AGOA VISA NUMBER BE REPORTED IN BLOCK 34 OF THE CF 7501
CF 7501 AND THE AGOA VISA BE PRESENTED WITH THE ENTRY SUMMARY.
BOTSWANA AND NAMIBIA IS A LESSER-DEVELOPED DEVELOPING COUNTRY ELIGIBLE
TO EXPORT GOODS UNDER BOTH 9819.11.09 AND 9819.11.12 SO LONG AS THE
GOODS MEET THE SPECIFIC DESCRIPTIONS AND REQUIREMENTS OF THE APPLICABLE
HTSUS 98 NUMBERS (SEE TBT-01-008).
THE VISA GROUPING FOR 9819.11.09 IS 4. THEREFORE, THE FIRST DATA
FIELD OF THE VISA MUST BE 4 WHEN AGOA PREFERENTIAL TARIFF TREATMENT IS
CLAIMED UNDER 9819.11.09.
THE VISA GROUPING FOR 9819.11.12 IS 5. THEREFORE, THE FIRST DATA
FIELD OF THE VISA MUST BE 5 WHEN AGOA PREFERENTIAL TARIFF TREATMENT IS
CLAIMED UNDE R 9819.11.12.
TEXTILE AND APPAREL EXPORTED FROM BOTSWANA AND NAMIBIA FOR WHICH
PREFERENTIAL TARIFF TREATMENT UNDER THE AGOA IS NOT CLAIMED IS SUBJECT
THE NORMAL TRADE RELATIONS (NTR) RATE, FORMERLY MOST FAVORED NATIONS
RATE (MFN). UNDER THESE
CIRCUMSTANCES ONLY THE APPROPRIATE HTSUS CHAPTER 1-97 NUMBER IS TO BE
PROVIDED IN THE FIRST TARIFF FIELD.
IN ORDER FOR AN IMPORTER TO MAKE A CLAIM UNDER THE AGOA II AMENDMENTS,A
MODIFIED TEXTILE CERTIFICATE OF ORIGIN WILL BE REQUIRED TO REFLECT THE
AGOA II ELIGIBLE ARTICLE, AND A COMMERCIAL INVOICE WITH THE NECESSARY
VISA STAMP ISSUED THE HOST GOVERNMENT CUSTOMS ADMINISTRATION.
MODIFICATIONS ON THE CERTIFICATES OF ORIGIN SHOULD REFLECT THE
DESCRIPTION OF THE ARTICLE AND THE APPLICABLE PROVISION
SET FORTH IN PRESIDENTIAL PROCLAMATION 7626.
UNTIL A NEW FORMAT IS ESTABLISHED FOR THE TEXTILE CERTIFICATE OF ORIGIN,
THE CURRENT FORMAT MAY BE USED AND MODIFIED. AFTER CUSTOMS MODIFIES ITS
REGULATIONS TO ESTABLISH A NEW FORMAT, CLAIMANTS MAY NEED TO PERFECT THEIR
CERTIFICATES TO CONFORM TO THE NEW FORMAT.
CLAIMS FOR PREFERENTIAL TARIFF TREATMENT UNDER THE NEW AGOA
REQUIREMENTS MAY BE MADE ON QUALIFYING MERCHANDISE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER AUGUST 6, 2002. POST-ENTRY
CLAIMS MUST BE FILED WITH CUSTOMS FOR A REFUND OF DUTY. THE SUBMISSION OF
A POST-ENTRY CLAIM DOES NOT GUARANTEE THE LOW RATE OF DUTY. IF THE QUOTA
IS FILLED, THE IMPORTER WILL BE SUBJECT TO THE DUTY RATE PROVIDED FOR
UNDER THE APPLICABLE HTS NUMBER. FOR POST ENTRY CLAIMS COVERING
QUOTA-CLASS MERCHANDISE, THE DATE/TIME OF PRESENTATION IS ESTABLISHED
WHEN THE CLAIM IS SUBMITTED TO CUSTOMS AT THE PORT
OF ENTRY WHERE THE MERCHANDISE WAS RELEASED.
DISTRIBUTION:
PLEASE ENSURE THAT THIS NOTICE IS PASSED TO ALL PORT DIRECTORS,
ASSISTANT PORT DIRECTORS (TRADE), IMPORT SPECIALISTS, INSPECTORS, ENTRY
SPECIALISTS AND OTHER INTERESTED PARTIES SUCH AS BROKERS AND IMPORTERS.
QUESTIONS FROM THE IMPORTING COMMUNITY REGARDING THIS ELECTRONIC
MESSAGE SHOULD BE REFERRED TO THE LOCAL CUSTOMS PORT. THE CUSTOMS PORT
OF ENTRY MAY REFER QUESTIONS THROUGH CC:MAIL TO HQ QUOTA, OR CONTACT
STEPHEN SILVESTRI AT (202) 927-5397.
/S/ CONNIE CHANCEY FOR
ELIZABETH G. DURANT
CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS