02-31572. Determination under the African Growth and Opportunity Act (AGOA)

December 10, 2002.

AGENCY:

Committee for the Implementation of Textile Agreements (CITA).

ACTION:

Determination.

SUMMARY:

The Committee for the Implementation of Textile Agreements (CITA) has determined that handloomed fabric made in Malawi and handmade articles made from such handloomed fabric that are made in Malawi qualify for preferential treatment under Section 112(a) of the African Growth and Opportunity Act (AGOA). Therefore, imports of eligible products from Malawi with an appropriate AGOA Visa will qualify for duty-free treatment under the AGOA.

EFFECTIVE DATE:

December 23, 2002.

FOR FURTHER INFORMATION CONTACT:

Anna Flaaten, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, [phone].

SUPPLEMENTARY INFORMATION:

The African Growth and Opportunity Act (Title I of the Trade and Development Act of 2000, Pub. L. No. 106-2000)(AGOA) provides preferential tariff treatment for imports of certain textile and apparel products of beneficiary sub-Saharan African countries. 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, handloomed, or folklore articles.

Under Section 2 of Executive Order 13191 of January 17, 2001, CITA is authorized to “consult with beneficiary sub-Saharan African countries and to determine which, if any, particular textile and apparel goods shall be treated as being handloomed, handmade, or folklore articles” (66 FR 7272). Consultations with Malawi were held on November 13, 2002, and CITA has now determined that handloomed fabrics produced in and exported from Malawi and handmade articles produced in and exported from Malawi made from such handloomed fabrics are eligible for preferential tariff treatment under section 112(a) of the AGOA. In the letter published below, CITA directs the Commissioner of Customs to allow entry of such products of Malawi under Harmonized Tariff Schedule provision 9819.11.27, when accompanied by an appropriate export visa in grouping “9”.

D. Michael Hutchinson,

Acting Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

December 10, 2002.

Commissioner of Customs,

Department of the Treasury, Washington, DC 20229.

Dear Commissioner: Department of the Treasury, 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 13101 of January 17, 2001, has determined that, effective on December 23, 2002, handloomed fabric produced in Malawi and handmade articles produced in Malawi from such handloomed fabric shall be treated as being handloomed, handmade, or folklore articles under the AGOA, and that an export visa issued by the Government of Malawi for Grouping “9” is a certification by the Government of Malawi that the article is handloomed, handmade, or folklore. CITA directs you to permit duty-free entry of such articles accompanied by the appropriate visa and entered under heading 9819.11.27 of the Harmonized Tariff Schedule of the United States.

Sincerely,

D. Michael Hutchinson,

Acting Chairman, Committee for the Implementation of Textile Agreements.