CSMS Message: 03-002680

TO: ALL ABI FILERS

FROM: OFFICE OF FIELD OPERATIONS
TRADE COMPLIANCE AND FACILITATION

SUBJECT: DEMOCRATIC REPUBLIC OF CONGO ELIGIBLE FOR NON-TEXTILE
AFRICAN GROWTH AND OPPORTUNITY ACT (AGOA) BENEFITS

BACKGROUND:

THE TRADE AND DEVELOPMENT ACT OF 2000 ("THE ACT"), WAS SIGNED INTO LAW
ON MAY 18, 2000. TITLE I OF THE ACT AUTHORIZED A NEW TRADE AND
INVESTMENT POLICY FOR DESIGNATED COUNTRIES OF SUB-SAHARAN AFRICA AND IS
REFERRED TO IN THE ACT AS THE "AFRICAN GROWTH AND OPPORTUNITY ACT"
(AGOA).

SECTION 506A(A)(1) OF THE TRADE ACT OF 1974, AS AMENDED (THE "1974 ACT")
(19 U.S.C. 2466A(A)(1)), AUTHORIZES THE PRESIDENT TO DESIGNATE A COUNTRY
LISTED IN SECTION 107 OF THE AGOA AS A "BENEFICIARY SUB-SAHARAN AFRICAN
(SSA) COUNTRY."

PRESIDENTIAL PROCLAMATION 7657 MODIFIED GENERAL NOTE 16(A) OF THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES BY INSERTING IN
ALPHABETICAL SEQUENCE IN THE LIST OF BENEFICIARY SSA COUNTRIES
"DEMOCRATIC REPUBLIC OF CONGO." PURSUANT TO SECTION 506A(A)(1) OF THE
1974 ACT, PROCLAMATION 7657, DATED MARCH 28, 2003 AND PUBLISHED IN
THE FEDERAL REGISTER ON APRIL 2, 2003 (68 FR 15921), DESIGNATED THE
DEMOCRATIC REPUBLIC OF CONGO (DROC) AS AN ELIGIBLE SSA COUNTRY AND
AUTHORIZED THE UNITED STATES TRADE REPRESENTATIVE (USTR) TO
EXERCISE THE AUTHORITY PROVIDED TO THE PRESIDENT UNDER THE ACT.
THE PRESIDENT DIRECTED THE USTR TO ANNOUNCE ANY SUCH EXERCISE OF ITS
AUTHORITY IN THE FEDERAL REGISTER.

ON OCTOBER 31, 2003, USTR PUBLISHED A NOTICE IN THE FEDERAL REGISTER
(68 FR 62158-62159). THE NOTICE STATED THAT BASED ON PROGRESS THE
DEMOCRATIC REPUBLIC OF CONGO (DROC) HAS MADE IN STABILIZING ITS
POLITICAL SITUATION, USTR HAS DETERMINED THAT DROC MEETS THE ELIGIBILITY
CRITERIA SET FORTH IN SECTION 506A(A)(1) OF THE ACT AND AS OF
OCTOBER 31, 2003, DROC IS DESIGNATED AS A BENEFICIARY SUB-SAHARAN
AFRICAN COUNTRY FOR PURPOSES OF RECEIVING THE TRADE BENEFITS OF THE
AGOA FOR ARTICLES OTHER THAN TEXTILES AND APPAREL.

ACTION:

PURSUANT TO THE FEDERAL REGISTER NOTICE PUBLISHED ON OCTOBER 31, 2003
AND PROCLAMATION 7657, CLAIMS FOR PREFERENTIAL TARIFF TREATMENT UNDER
THE AGOA FOR NON-TEXTILE MERCHANDISE FROM DROC ENTERED, OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION, ON OR AFTER OCTOBER 31, 2003
WILL BE ACCEPTED.

IMPORTERS OR THEIR AGENTS MAY AVAIL THEMSELVES OF ALL AVAILABLE
POST-ENTRY PROCEDURES TO RECEIVE A REFUND OF DUTIES FOR ELIGIBLE
AGOA NON-TEXTILE ARTICLES FROM DROC ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER OCTOBER 31, 2003.

THE AUTOMATED COMMERCIAL SYSTEM HAS BEEN UPDATED TO REFLECT THE
ABOVE REFERENCED MODIFICATIONS. THEREFORE, IMPORTERS MAY FILE CLAIMS
VIA ABI FOR DUTY-FREE TREATMENT UNDER THE NON-TEXTILE PROVISIONS OF
THE AGOA FOR ELIGIBLE MERCHANDISE FROM THE DEMOCRATIC REPUBLIC
OF CONGO (ISO CODE "CD"). CLAIMS MAY BE MADE BY USING THE SPECIAL
PROGRAM INDICATOR (SPI) "D" FOR ARTICLES OTHER THAN TEXTILES AND
APPAREL.

COPIES OF THIS MEMORANDUM SHOULD BE MADE AVAILABLE TO PORT DIRECTORS,
INTERIM PORT DIRECTORS; ASSISTANT PORT DIRECTORS, TRADE; IMPORT AND
ENTRY SPECIALISTS; INSPECTORS; BROKERS; IMPORTERS AND OTHER
INTERESTED PARTIES.

QUESTIONS CONCERNING THIS NOTICE FROM THE IMPORTING COMMUNITY SHOULD
BE REFERRED TO THE LOCAL CUSTOMS AND BORDER PROTECTION (CBP) PORT.

/S/ LOUIS SAMENFINK
FOR ELIZABETH G. DURANT