[Federal Register Volume 66, Number 17 (Thursday, January 25, 2001)]
[Notices]
[Pages 7837-7839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2210]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Visa Requirements Under the African Growth and Opportunity Act

AGENCY: Office of the United States Trade Representative.

ACTION: Directive to the commissioner of customs.

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SUMMARY: In the letter published below, the United States Trade 
Representative directs the Commissioner of Customs to require that 
importers provide an appropriate export visa from a beneficiary sub-
Saharan African country when claiming preferential treatment for 
entries of textile and apparel products under the African Growth and 
Opportunity Act.

EFFECTIVE DATE: January 18, 2001.

FOR FURTHER INFORMATION CONTACT: Bethany Schwartz, Director for African 
Affairs, Office of the United States Trade Representative, (202) 395-
9514.

SUPPLEMENTARY INFORMATION: The African Growth and Opportunity Act 
(Title I of the Trade and Development Act of 2000, Public Law 106-200) 
(AGOA) provides preferential tariff treatment for imports of certain 
textile and apparel products of beneficiary sub-Saharan African 
countries. The textile and apparel trade benefits provided by the AGOA 
are available to imports of eligible products from countries that the 
President designates as ``beneficiary sub-Saharan African countries,'' 
provided that these countries (1) have adopted an effective visa system 
and related procedures to prevent unlawful transshipment and the use of 
counterfeit documents, and (2) have implemented and follow, or are 
making substantial progress toward implementing and following, certain 
customs procedures that assist the Customs Service in verifying the 
origin of the products.
    In Proclamation 7350 of October 2, 2000, the President designated 
34 countries as ``beneficiary sub-Saharan African countries.'' 
Proclamation 7350 delegated to the United States Trade Representative 
(USTR) the authority to determine whether these countries have met the 
two requirements described above. The President directed the USTR to 
announce any such determinations in the Federal Register and to 
implement them through modifications of the Harmonized Tariff Schedule 
of the United States (HTS).
    By Executive Order (January 17, 2001), the President delegated to 
the USTR the authority to direct the Commissioner of Customs to take 
such actions as may be necessary to ensure that textile and apparel 
articles described in section 112(b) of the AGOA (19 U.S.C. 3721(b)) 
that are entered, or withdrawn from warehouse, for consumption are 
accompanied by an appropriate export visa, if the preferential 
treatment described in section 112(a) of the AGOA (19 U.S.C. 3721(a)) 
is claimed with respect to such articles.
    In the letter published below, the USTR directs the Commissioner of 
Customs to require that importers provide an appropriate export visa 
from a beneficiary sub-Saharan African country when claiming 
preferential treatment under section 112(a) of the AGOA for eligible 
textile and apparel products that are entered, or withdrawn from 
warehouse, for consumption. This requirement is intended to ensure the 
effectiveness of the visa systems that beneficiary sub-Saharan African 
countries have adopted. A facsimile of

[[Page 7838]]

the export visa stamp for each beneficiary sub-Saharan African country 
that the USTR has determined to have adopted an effective visa system 
and related procedures is available for public inspection in the USTR 
public reading room.
    Importers claiming preferential tariff treatment under the AGOA for 
entries of textile and apparel articles should ensure that those 
entries meet the visa requirements set forth in the letter to the 
Commissioner published below.

Charlene Barshefsky,
United States Trade Representative.

Executive Office of the President

The United States Trade Representative, Washington, DC 20508

January 18, 2001.
Commissioner of Customs
U.S. Department of the Treasury, Ronald Reagan Building, 1300 
Pennsylvania Avenue NW., Washington, DC 20229

    Dear Commissioner: Pursuant to Sections 112(a) and 113(a)(1) of the 
African Growth and Opportunity Act (Title I of Pub. L. No. 106-200) 
(``AGOA'') (19 U.S.C. 3721(a) and 3722(a)(1)), the bilateral Visa 
Arrangements that have been or will be entered into with designated 
beneficiary sub-Saharan African countries, and the Executive Order 
signed by the President on January 17, 2001 regarding the 
implementation of the AGOA and the United States-Caribbean Basin Trade 
Partnership Act, you are directed to require importers claiming 
preferential treatment for textile and apparel articles under section 
112(a) of the AGOA to provide an appropriate export visa issued by the 
country of origin of the articles. This requirement is effective with 
respect to eligible textile and apparel articles of a beneficiary sub-
Saharan African country that are entered, or withdrawn from warehouse, 
for consumption on or after the date that the United States Trade 
Representative determines that such beneficiary sub-Saharan African 
country has adopted an effective visa system and related procedures and 
has implemented and follows, or is making substantial progress toward 
implementing and following, the customs procedures required by the 
AGOA.
    A shipment shall be visaed by stamping an original circular visa, 
in blue ink only, on the front of the original commercial invoice. The 
original visa shall not be stamped on duplicate copies of the invoice. 
The original of the invoice with the original visa stamp shall be 
required to obtain preferential tariff treatment under section 112(a) 
of the AGOA. Duplicates of the invoice and/or visa may not be used for 
this purpose.
    Each visa stamp shall include the following information:
    1. Visa Number. The visa stamp shall be in a nine digit-letter 
format beginning with one numeric digit for the designated grouping (1 
to 9), as described below. This number is to be followed by the two-
character alpha code specified by the International Organization for 
Standardization (ISO) for the designated beneficiary sub-Saharan 
African country, followed by a six-digit numerical serial number 
identifying the shipment.
    Grouping 1--Apparel articles assembled in one or more beneficiary 
sub-Saharan African countries from fabrics wholly formed and cut in the 
United States, from yarns wholly formed in the United States.
    Grouping 2--Apparel articles assembled in one or more beneficiary 
sub-Saharan African countries from fabrics wholly formed and cut in the 
United States, from yarns wholly formed in the United States if, after 
such assembly, the articles would have qualified for entry under 
subheading 9802.00.80 of the Harmonized Tariff Schedule of the United 
States (``HTS'') but for the fact that the articles were embroidered or 
subject to stone-washing, enzyme-washing, acid washing, perma-pressing, 
oven baking, bleaching, garment-dyeing, screen printing, or other 
similar processes.
    Grouping 3--Apparel articles cut in one or more beneficiary sub-
Saharan African countries from fabric wholly formed in the United 
States from yarns wholly formed in the United States if such articles 
are assembled in one or more beneficiary sub-Saharan African countries 
with thread formed in the United States.
    Grouping 4--Apparel articles wholly assembled in one or more 
beneficiary sub-Saharan African countries from fabric wholly formed in 
one or more beneficiary sub-Saharan African countries from yarn 
originating either in the United States or one or more beneficiary sub-
Saharan African countries.
    Grouping 5--Apparel articles wholly assembled in one or more lesser 
developed beneficiary sub-Saharan African countries regardless of the 
country of origin of the fabric used to make such articles.
    Grouping 6--Sweaters in chief weight of cashmere, knit to shape in 
one or more beneficiary sub-Saharan African countries and classifiable 
under subheading 6110.10 of the HTS.
    Grouping 7--Sweaters, 50 percent or more by weight of wool 
measuring 18.5 microns in diameter or finer, knit-to-shape in one or 
more beneficiary sub-Saharan African countries.
    Grouping 8--Apparel articles wholly assembled in one or more 
beneficiary sub-Saharan African countries from fabric or yarn not 
formed in the United States or any beneficiary sub-Saharan African 
country, if (1) apparel articles of such fabrics or yarns would be 
eligible for preferential treatment, without regard to the source of 
the fabric or yarn, under Annex 401 to the North American Free Trade 
Agreement, or (2) the President proclaims that apparel articles of such 
fabric or yarn may be accorded preferential tariff treatment under the 
AGOA.
    Grouping 9--Handmade, handloomed, or folklore articles (qualifying 
articles will be determined following bilateral consultations).
    2. Date of Issuance. The date of issuance shall be the day, month, 
and year on which the visa was signed by an authorized government 
official.
    3. Authorized Signature. The original signature of an authorized 
official of the beneficiary sub-Saharan African country or his 
designate.
    4. Correct Grouping and Quantity. The correct grouping, the total 
quantity, and the unit of quantity in the shipment shall be provided 
within the visa stamp.
    Quantities must be stated in whole numbers. Decimals or fractions 
shall not be accepted. If the quantity indicated on the visa is less 
than that of the shipment, only the quantity shown on the visa is 
eligible for preferential tariff treatment under section 112(a) of the 
AGOA. If the quantity indicated on the visa is more than that of the 
shipment, only the quantity of the shipment is eligible for 
preferential tariff treatment under section 112(a) of the AGOA. Any 
overage cannot be applied to any other shipment.
    A visa shall not be accepted and preferential tariff treatment 
under section 112(a) of the AGOA shall not be permitted if the visa 
number, date of issuance, authorized signature, correct grouping, 
quantity or the unit of quantity is missing, incorrect, illegible or 
has been crossed out or altered in any way. If the visa is not 
acceptable, a new visa must be obtained from an authorized official of 
the beneficiary sub-Saharan African country, or his designate, before 
preferential tariff treatment under section 112(a) of the AGOA can be 
claimed. Waivers are not permitted. If the visaed invoice is deemed 
invalid, the Customs Service will not return the original document 
after entry, but will provide a certified copy of that visaed invoice 
for use in

[[Page 7839]]

obtaining a new correct original visaed invoice.
    The product groupings described above are in summary form. 
Interested persons should refer to section 112(b) of the AGOA for a 
complete description of the textile and apparel products for which 
preferential treatment may be claimed under section 112(a) of the AGOA.
    This letter will be published in the Federal Register.

Sincerely,
Charlene Barshefsky.

[FR Doc. 01-2210 Filed 1-24-01; 8:45 am]
BILLING CODE 3190-01-U