CSMS Message: 03-001949

AUGUST 1, 2003

TO: DIRECTORS, FIELD OPERATIONS

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

SUBJECT: TBT-03-021 HANDLOOMED FABRIC AND HANDMADE ARTICLES FROM
SUCH HANDLOOMED FABRIC PRODUCED IN ZAMBIA ELIGIBLE FOR
PREFERENTIAL TARIFF TREATMENT UNDER THE AFRICAN GROWTH
AND OPPORTUNITY ACT (AGOA)

REF: TBT-01-008 AGOA IMPLEMENTATION INSTRUCTIONS
TBT-01-061 ZAMBIA 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 OFTEXTILE
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 CUSTOMS 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WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ACCOMPANIED BY AN APPROPRIATE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 HANDLOOMED 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 MARCH 13, 2003, CITA HELD CONSULTATIONS WITH THE GOVERNMENT
OF ZAMBIA. IN A JULY 28, 2003 FEDERAL REGISTER NOTICE (68 FR 44298),
CITA HAS DETERMINED THAT HANDLOOMED FABRICS AND HANDMADE ARTICLES MADE
FROM SUCH HANDLOOMED FABRICS PRODUCED IN AND EXPORTED FROM ZAMBIA 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 ZAMBIA. 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 ZAMBIA.

ACTION:

EFFECTIVE AUGUST 4, 2003, HANDLOOMED FABRICS AND HANDMADE ARTICLES
MADE FROM SUCH HANDLOOMED FABRICS PRODUCED IN AND EXPORTED FROM ZAMBIA
AND 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 ZAMBIA. 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:

FOR ADDITIONAL INFORMATION, PLEASE CONTACT MS. SUSAN THOMAS, AT (202)
927-3719 OR MR. ROBERT ABELS, AT (202) 927-1959.

(RICHARD T. CRICHTON SIGNED FOR)
ELIZABETH G. DURANT