- To : Automated Broker Interface
Subject: TBT-02-020 SENEGAL AGOA VISA A
MAY 3, 2002
TO: DIRECTORS, FIELD OPERATIONS
FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS
SUBJECT: TBT-02-020 SENEGAL TEXTILE VISA ARRANGEMENT FOR CLAIMS
UNDER THE AFRICAN GROWTH AND OPPORTUNITY ACT (AGOA)
REF: TBT-01-008 AGOA IMPLEMENTATION INSTRUCTIONS
BACKGROUND:
THE TRADE AND DEVELOPMENT ACT OF 2000 ("THE ACT"), WHICH WAS SIGNED
INTO LAW ON MAY 18, 2000, AUTHORIZED A NEW TRADE AND INVESTMENT POLICY
FOR SUB-SAHARAN AFRICA. THE PRESIDENT IS AUTHORIZED TO DESIGNATE A
SUB-SAHARAN AFRICAN COUNTRY AS AN ELIGIBLE BENEFICIARY COUNTRY BASED ON
SEVERAL CRITERIA ESTABLISHED IN THE ACT. THE CRITERIA INCLUDES THAT THE
SUB-SAHARAN AFRICAN COUNTRY HAS ADOPTED AN EFFECTIVE VISA SYSTEM AND HAS
IMPLEMENTED AND FOLLOWS, OR IS MAKING SUBSTANTIAL PROGRESS TOWARD
IMPLEMENTING AND FOLLOWING, CERTAIN CUSTOMS PROCEDURES THAT ASSIST THE
U.S. CUSTOMS SERVICE IN VERIFYING THE ORIGIN OF THE PRODUCTS. PER A
MAY 1, 2002, FEDERAL REGISTER NOTICE (67 FR 21794), THE UNITED STATES
TRADE REPRESENTATIVE (USTR) HAS NOTIFIED U.S. CUSTOMS THAT SENEGAL HAS
MET THE ABOVE REQUIREMENTS. QUALIFYING MERCHANDISE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER APRIL 23, 2002,
MAY BE CLAIMED FOR PREFERENTIAL TARIFF TREATMENT DESCRIBED IN SECTION
112(A) OF THE ACT IF ALL REQUIREMENTS HAVE BEEN MET.
PER A JANUARY 25, 2001, FEDERAL REGISTER NOTICE (66 FR 7837), THE
PRESIDENT DELEGATED USTR THE AUTHORITY TO DIRECT THE U.S. CUSTOMS
SERVICE TO ENSURE THAT TEXTILE AND APPAREL ARTICLES DESCRIBED IN SECTION
112 OF THE ACT ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
ACCOMPANIED BY AN APPROPRIATE EXPORT VISA WHEN PREFERENTIAL TARIFF
TREATMENT IS CLAIMED WITH RESPECT TO SUCH ARTICLES.
IMPORTERS CLAIMING PREFERENTIAL TARIFF TREATMENT UNDER AGOA FOR ENTRIES
OF TEXTILE AND APPAREL ARTICLES SHOULD ENSURE THAT THOSE ENTRIES MEET
THE FOLLOWING VISA REQUIREMENTS:
THE GOVERNMENT OF SENEGAL SHALL ISSUE A VISA FOR EACH SHIPMENT OF
TEXTILES OR APPAREL ARTICLES, REGARDLESS OF VALUE, AS IDENTIFIED IN
GROUPINGS 1 TO 9 AND EXPORTED TO THE UNITED STATES. THE VISA SHALL BE
PRESENTED TO THE U.S. CUSTOMS SERVICE AT TIME OF ENTRY, OR WITHDRAWAL
FROM WAREHOUSE, FOR CONSUMPTION INTO THE CUSTOMS TERRITORY OF THE UNITED
STATES, IF PREFERENTIAL TARIFF TREATMENT IS CLAIMED.
A SHIPMENT SHALL BE VISAED BY THE STAMPING OF THE 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 INVOICE WITH THE ORIGINAL VISA STAMP WILL BE
REQUIRED TO ENTER THE SHIPMENT INTO THE UNITED STATES IF CLAIMING THE
PREFERENTIAL TARIFF TREATMENT. DUPLICATES OF THE INVOICE AND/OR VISA MAY
NOT BE USED FOR THIS PURPOSE.
EACH VISA STAMP MUST INCLUDE THE FOLLOWING INFORMATION:
VISA NUMBER: THE VISA STAMP SHALL BE IN THE STANDARD NINE DIGIT-LETTER
FORMAT BEGINNING WITH ONE NUMERIC DIGIT FOR THE DESIGNATED GROUPING
(1 TO 9), AS DEFINED BELOW, FOLLOWED BY THE TWO-CHARACTER ALPHA CODE
SPECIFIED BY THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO),
FOLLOWED BY A SIX-DIGIT NUMERICAL SERIAL NUMBER IDENTIFYING THE SHIPMENT,
E.G., 1SN512345.
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 YARN 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
9802.00.80 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS),
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 YARNS 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 HTSUS.
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 AGOA.
GROUPING 9: HANDMADE, HANDLOOMED, OR FOLKLORE ARTICLES (QUALIFYING
ARTICLES WILL BE DETERMINED FOLLOWING BILATERAL CONSULTATIONS).
THE 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.
AUTHORIZED SIGNATURE: THE ORIGINAL SIGNATURE OF AN AUTHORIZED
OFFICIAL OF SENEGAL OR HIS DESIGNATE.
THE CORRECT GROUPING, THE QUANTITY, AND UNIT OF QUANTITY IN THE
SHIPMENT SHALL BE PROVIDED WITHIN THE VISA STAMP, E.G., "GROUPING 5 - 510
DZ." QUANTITIES MUST BE STATED IN WHOLE NUMBERS. DECIMALS OR FRACTIONS
WILL NOT BE ACCEPTED.
FOR GROUPINGS 1 TO 8, THE QUANTITY SHOWN ON THE VISA FOR ALL WEARING
APPAREL WILL BE REPORTED IN DOZENS, EXCEPT FOR:
1. MEN'S, BOY'S, WOMEN'S OR GIRL'S SUITS, WHICH WILL BE REPORTED IN
NUMBER
2. PANTY HOSE, TIGHTS, STOCKINGS, SOCKS, OTHER HOSIERY, GLOVES, MITTENS
AND MITTS WILL BE REPORTED IN DOZEN PAIRS
IF THERE ARE ITEMS IN THE SAME GROUPING THAT ARE MIXED, SUCH AS SUITS
(WHICH REQUIRE NUMBER) AND PANTS (WHICH REQUIRE DOZEN) OR SHIRTS AND
PANTS (WHICH BOTH REQUIRE DOZEN), THEN A SEPARATE QUANTITY WILL BE SHOWN
FOR EACH OF THE ITEMS. FOR EXAMPLE, A VISA FOR GROUPING 1 COULD INDICATE
105 SUITS WITH 10 DOZEN SHIRTS OR 10 DOZEN SHIRTS AND 12 DOZEN PANTS.
FOR GROUPING 9, THE QUANTITY SHOWN ON THE VISA WILL BE THE NORMAL
REPORTING QUANTITY FOR THE TYPE OF IMPORTED MERCHANDISE. FOR EXAMPLE,
IF RUGS OR HAND LOOMED FABRIC WERE IMPORTED, THE REPORTED QUANTITY WILL BE
BE IN SQUARE METERS; IF BEDSPREADS, TOWELS OR OTHER HOUSEHOLD FURNISHINGS
ARE IMPORTED, THE REPORTED QUANTITY WILL BE IN KILOS; AND IF IT IS
WEARING APPAREL, IT WILL BE REPORTED AS IN GROUPINGS 1 TO 8.
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.
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. ANY OVERAGE CANNOT BE APPLIED TO ANY
OTHER SHIPMENT.
THE VISA WILL NOT BE ACCEPTED AND PREFERENTIAL TARIFF TREATMENT WILL
NOT BE PERMITTED IF THE VISA NUMBER, DATE OF ISSUANCE, AUTHORIZED
SIGNATURE, CORRECT GROUPING, QUANTITY OR UNIT OF QUANTITY ARE MISSING,
INCORRECT, ILLEGIBLE OR HAVE 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 SENEGAL, OR ITS DESIGNATE BEFORE PREFERENTIAL
TARIFF TREATMENT CAN BE CLAIMED. WAIVERS ARE NOT PERMITTED.
IF THE VISAED INVOICE IS DEEMED INVALID, THE U.S. CUSTOMS SERVICE WILL
NOT RETURN THE ORIGINAL DOCUMENT AFTER ENTRY, BUT WILL PROVIDE A
CERTIFIED COPY OF THAT VISAED INVOICE FOR USE IN OBTAINING A NEW CORRECT
ORIGINAL VISAED INVOICE.
ACTION:
PLEASE AMEND U.S. NOTE 7(A) TO SUBCHAPTER II OF CHAPTER 98 OF THE
HTSUS AND U.S. NOTE 1 TO SUBCHAPTER XIX OF CHAPTER 98 OF THE HTSUS BY
INSERTING "SENEGAL" IN ALPHABETICAL SEQUENCE IN THE LIST OF COUNTRIES.
EFFECTIVE APRIL 23, 2002, A VALID VISA, AS DESCRIBED ABOVE, MUST
ACCOMPANY ALL CLAIMS FOR AGOA PREFERENTIAL TARIFF TREATMENT FROM
SENEGAL.
PLEASE PASS THIS MEMORANDUM TO PORT DIRECTORS, ASSISTANT PORT
DIRECTORS, IMPORT SPECIALISTS, INSPECTORS, ENTRY SPECIALISTS, BROKERS
AND IMPORTERS.
INFORMATION:
IF YOU HAVE ANY QUESTIONS CONCERNING THE VISA ARRANGEMENT, PLEASE CALL
SUSAN THOMAS, AT (202) 927-3719 OR ROBERT ABELS, AT (202) 927-1959.
/SIGNED JANET L. LABUDA/
FOR ELIZABETH G. DURANT
CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS