CSMS Message: 02-001752

Title:MALAWI-HANDLOOM AGOA ELIG
Date:2002-12-18
To:abi
Links:previous, next

TO : ALL ABI BROKERS.
FROM : SUSAN S THOMAS

SUBJECT : MALAWI-HANDLOOM AGOA ELIG

DATE : 12/17/2002

DECEMBER 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-02-044 HANDLOOMED FABRIC AND HANDMADE ARTICLES
FROM SUCH HANDLOOMED FABRIC PRODUCED IN MALAWI
ELIGIBLE FOR PREFERENTIAL TARIFF TREATMENT UNDER
THE AFRICAN GROWTH AND OPPORTUNITY ACT (AGOA)

REF: TBT-01-008 AGOA IMPLEMENTATION INSTRUCTIONS
TBT-01-039 MALAWI 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SECTION 112 OF THE ACT ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE,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
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.

ON NOVEMBER 13, 2002, CITA HELD CONSULTATIONS WITH THE
GOVERNMENT OF MALAWI. IN A DECEMBER 16, 2002 FEDERAL REGISTER
NOTICE (67 FR 77005), CITA HAS DETERMINED THAT HANDLOOMED
FABRICS AND HANDMADE ARTICLES MADE FROM SUCH HANDLOOMED FABRICS
PRODUCED IN AND EXPORTED FROM MALAWI 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 MALAWI. 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 MALAWI.

ACTION:

EFFECTIVE DECEMBER 23, 2002, HANDLOOMED FABRICS AND HANDMADE
ARTICLES MADE FROM SUCH HANDLOOMED FABRICS PRODUCED IN AND
EXPORTED FROM MALAWI 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
MALAWI. 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, IMPORTERS AND OTHER INTERESTED PARTIES.

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