CSMS Message: 14-000601

Title:Making AGOA Claims During the GSP Lapse
Date:2014-11-18
To:abi,acep
Links:previous, original, next

Subject: Making AGOA Claims During the GSP Lapse
To: Automated Broker Interface, ACE Portal Accounts

The purpose of this CSMS is to clarify that GSP-eligible imports from AGOA-eligible countries continue to benefit from GSP, even during the present lapse in the program (see also CSMS 13-000348, July 12, 2013). We note that as currently legislated, the AGOA remains in effect through September 30, 2015.

1. In the Harmonized Tariff Schedule of the United States (HTSUS), the overwhelming majority of AGOA-eligible tariff items indicate one of three GSP special program indicators (SPIs), “A,” “A*” or “A+,” and not the AGOA's SPI “D.”

2. CBP's programming requires that the AGOA claim be made on these GSP-eligible tariff items by prefacing the HTSUS number with the SPI “A”.

3. For further clarification please refer to the AGOA regulations, 19 CFR 10.178a, and the GSP regulations, 19 CFR 10.171-178.

Filing procedures:

To receive AGOA preference for eligible goods on a tariff item with the SPI “A,” “A*” or “A+” in the “Special” column of the HTSUS (and no “D”), importers will transmit the entry summary with the SPI “A” and without duty.

To receive AGOA preference for eligible goods on a tariff item with SPI “D” in the “Special” column of the HTSUS, importers will continue to transmit the entry summary with SPI “D” and without duty.

Questions concerning this guidance should be directed to the Trade Agreements Branch at FTA@dhs.gov.

Related CSMS No. 13-000348