[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Notices]
[Pages 2939-2941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00838]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
International Trade Data System Visa Requirements Under the
African Growth and Opportunity Act
AGENCY: Office of the United States Trade Representative.
ACTION: Notice.
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SUMMARY: The United States Trade Representative is directing the
Commissioner of Customs and Border Protection to permit importers to
submit electronic images of 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.
DATES: Effective Date: February 8, 2016.
FOR FURTHER INFORMATION CONTACT: Constance Hamilton, Deputy Assistant
United States Trade Representative for Africa, Office of African
Affairs, 202 395 9576, [email protected].
[[Page 2940]]
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 designated beneficiary sub-Saharan
African countries.
In January 2001 (66 FR 7837 Jan. 25, 2001), the United States Trade
Representative (USTR) directed the Commissioner of Customs (now, the
Commissioner of Customs and Border Protection) to take the actions
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withdrawn from a warehouse for consumption are accompanied by an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. The directions to the Commissioner required that a
shipment be visaed by stamping an original circular visa, in blue ink
only, on the front of the original commercial invoice. Duplicate copies
were not permitted. In order to obtain preferential tariff treatment
under section 112(a) of the AGOA, the original of the invoice with the
original visa stamp was required.
On February 19, 2014, President Obama issued Executive Order 13659
titled ``Streamlining the Export/Import Process for America's
Businesses'' (79 FR 10657, Feb 25, 2014), which directed the U.S.
Customs and Border Protection (CBP) to develop a more efficient and
cost effective trade processing infrastructure called the International
Trade Data System (ITDS) to modernize and simplify the way that
executive departments and agencies interact with traders. The ITDS
includes an electronic information exchange capability or ``single
window'' known as the Automated Commercial Environment (ACE), through
which businesses will transmit data required by agencies with trade-
related responsibilities for the importation or exportation of cargo.
When fully implemented in December 2016, ACE/ITDS will be the primary
means by which participating agencies will receive from users the
standard set of data and other relevant documentation required for the
release of imported cargo and the clearance of cargo for export.
With this notice, the USTR is modifying the 2001 directions to the
Commissioner to implement use of the ACE by importers 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 a warehouse for
consumption. More specifically, the USTR is directing the Commissioner
to allow importers to provide an appropriate export visa submitted
electronically via the Document Image System or other approved
functionality in ACE or any CBP approved successor system. A shipment
still must be visaed by stamping an original circular visa, in blue ink
only, on the front of the original commercial invoice. For ease of use,
the visa stamp requirements published in 2001 are reproduced below
without substantive change. Providing an electronic image of the
original visa stamped invoice is not considered duplication for
purposes of these instructions. The USTR also advises the Commissioner
that an importer must provide the original of the invoice with the
original visa stamp for physical inspection upon request by CBP
personnel in accordance with 19 CFR part 163.
Each visa stamp shall include the following information:
1. Visa Number. The visa stamp is a nine digit format beginning
with one numeric digit for the designated grouping (1 to 9), as
described below. This number is 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
assembly, the articles would have qualified for entry under subheading
9802.00.80 of the Harmonized Tariff Schedule of the United States 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 the 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 countries regardless of the
country of origin of the fabric used to make the 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 Harmonized Tariff Schedule of the
United States.
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, hand-loomed, or folklore articles (qualifying
articles will be determined following bilateral consultations).
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.
2. Date of Issuance. The date of issuance is 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 must be provided
within the visa stamp. Quantities must be stated in whole numbers.
Decimals or fractions will not
[[Page 2941]]
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 will not be accepted and preferential tariff treatment under
section 112(a) of the AGOA will 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.
Florizelle Liser,
Assistant United States Trade Representative for African Affairs,
Office of the United States Trade Representative.
[FR Doc. 2016-00838 Filed 1-15-16; 8:45 am]
BILLING CODE 3290-F6-P