Determination Under the African Growth and Opportunity Act

AGENCY:

Committee for the Implementation of Textile Agreements (CITA)

ACTION:

Directive to the Commissioner of Customs.

SUMMARY:

The Committee for the Implementation of Textile Agreements (CITA) has determined that certain textile and apparel goods from Senegal shall be treated as “hand-loomed, handmade, or folklore articles” and qualify for preferential treatment under the African Growth and Opportunity Act. Imports of eligible products from Senegal with an appropriate visa will qualify for duty-free treatment.

EFFECTIVE DATE:

June 6, 2005.

FOR FURTHER INFORMATION CONTACT:

Anna Flaaten, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 782-3400.

SUPPLEMENTARY INFORMATION:

Authority: The African Growth and Opportunity Act (Title I of the Trade and Development Act of 2000, Pub. L. No. 106-200) (AGOA) provides preferential tariff treatment for imports of certain textile and apparel products of beneficiary sub-Saharan African countries, including hand-loomed, handmade, or folklore articles, of a beneficiary country that are certified as such by the competent authority in the beneficiary country. In Executive Order 13191, the President authorized CITA to consult with beneficiary sub-Saharan African countries and to determine which, if any, particular textile and apparel goods shall be treated as being hand-loomed, handmade, or folklore articles. See Implementation of the African Growth and Opportunity Act and the United States-Caribbean Basin Trade Partnership Act published on January 22, 2001, (66 FR 7272).

In a letter to the Commissioner of Customs dated January 18, 2001, the United States Trade Representative directed Customs to require that importers provide an appropriate export visa from a beneficiary sub-Saharan African country to obtain preferential treatment under section 112(a) of the AGOA (66 FR 7837). The first digit of the visa number corresponds to one of nine groupings of textile and apparel products that are eligible for preferential tariff treatment. Grouping “9” is reserved for handmade, hand-loomed, or folklore articles.

CITA has consulted with Senegalese authorities, and has determined that hand-loomed fabrics, hand-loomed articles (e.g., hand-loomed rugs, scarves, place mats, and tablecloths), handmade articles made from hand-loomed fabrics, if produced in and exported from Senegal, are eligible for preferential tariff treatment under section 112(a) of the AGOA. In the letter published below, CITA directs the Commissioner, Bureau of Customs and Border Protection to allow duty-free entry of such products under U.S. Harmonized Tariff Schedule subheading 9819.11.27 if accompanied by an appropriate AGOA visa in grouping “9”. No eligible folklore articles were included in Senegal's submission. CITA may extend this treatment to additional products following consultations with the Government of Senegal.

Committee for the Implementation of Textile Agreements

May 17, 2005.

Commissioner,

Bureau of Customs and Border Protection, Washington, DC 20229.

Dear Commissioner: The Committee for the Implementation of Textiles Agreements (CITA), pursuant to Sections 112(a) of the African Growth and Opportunity Act (Title I of Pub. L. No. 106-200) (AGOA) and Executive Order 13191 of January 17, 2001, has determined, effective on June 6, 2005, that the following articles shall be treated as “hand-loomed, handmade, and folklore articles” under the AGOA: (a) Hand-loomed fabrics, hand-loomed articles (e.g., hand-loomed rugs, scarves, placemats, and tablecloths), (b) and hand-made articles made from hand-loomed fabrics, if made in Senegal from fabric hand-loomed in Senegal. Such articles are eligible for duty-free treatment only if entered under subheading 9819.11.27 and accompanied by a properly completed visa for product grouping “9”, in accordance with the provisions of the Visa Arrangement between the Government of Senegal and the Government of the United States Concerning Textile and Apparel Articles Claiming Preferential Tariff Treatment under Section 112 of the Trade and Development Act of 2000. No eligible folklore articles were included in Senegal's submission. After additional consultations with Senegalese authorities, CITA may determine that other textile and apparel goods shall be treated as hand-loomed, handmade, or folklore articles.

Sincerely,

James C. Leonard III,

Chairman, Committee for the Implementation of Textile Agreements.