USTR Lists Liberia as Eligible for AGOA Textile and Apparel Benefits
The Office of the U.S. Trade Representative has determined that imports of eligible textile and apparel articles from the Republic of Liberia qualify for African Growth and Opportunity Act duty-free treatment, effective February 7, 2011.
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USTR has determined that Liberia: (1) has adopted an effective visa system and related procedures to prevent unlawful transshipment and the use of counterfeit documents in connection with shipments of textile and apparel articles, and (2) has implemented and follows, or is making substantial progress toward implementing and following, the customs procedures required by AGOA.
HTS Amended for Liberia Eligibility, Entries Must Meet Visa Requirements
Imports of eligible textile and apparel articles from Liberia qualify for AGOA duty-free treatment, effective for articles entered, or withdrawn from warehouse, for consumption on or after February 7, 2011. HTS Chapter 98, Subchapter II, U.S. Note 7(a) and HTS Chapter 98, Subchapter XIX, U.S. Notes 1 and U 2(d) are amended to reflect USTR's determination.
USTR notes that importers claiming AGOA preferential treatment should also ensure that such entries meet the applicable visa requirements.
Liberia Apparel Eligible for AGOA Visa Grouping 5
Because Liberia is a lesser-developed AGOA beneficiary country, it is eligible for HTS 9819.11.12 (AGOA visa grouping 5) duty-free treatment for certain apparel articles wholly assembled, or "knit-to-shape" and wholly assembled, or both, in one or more such lesser developed countries from "third country" fabric or yarn.
(Imports under HTS 9819.11.09 (AGOA visa grouping 4) and HTS 9819.11.12 (AGOA visa grouping 5) are both subject to the aggregate AGOA tariff preference level (TPL). Imports under HTS 9819.11.12 (AGOA visa grouping 5) are also subject to the AGOA TPL sublimit.)
CBP Must Issue Instructions Before Ports Will Accept Duty-Free/TPL Claims
Although USTR has designated Liberia as eligible for AGOA textile and apparel benefits effective February 7, 2011, U.S. Customs and Border Protection has previously stated that it cannot accept (a) duty-free textile or apparel claims for a USTR-listed country until CBP Headquarters has issued country-specific (i.e., Liberia-specific) visa instructions to the ports, or (b) duty-free claims utilizing the aggregate AGOA TPL (under HTS 9819.11.09 and HTS 9819.11.12) or its sublimit (under HTS 9819.11.12) until CBP Headquarters has issued TPL-specific instructions to the ports.
Sources have stated that CBP Headquarters usually issues these instructions to the ports sometime after the Federal Register publication of the USTR listing. In addition, the ports often get these instructions days before they are made publicly available via administrative messages and/or posting to CBP's Web site.
(Liberia joins Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Chad, Comoros, Democratic Republic of Congo, Republic of Congo, Djibouti, Ethiopia, Gabon, The Gambia, Ghana, Guinea-Bissau, Kenya, Lesotho, Liberia, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, South Africa, Swaziland, Tanzania, Togo, Uganda, and Zambia as AGOA beneficiary countries that have been determined to be eligible for AGOA textile benefits.)
USTR contact - Constance Hamilton (202) 395-9514
(FR Pub 02/08/11)