• To : Automated Broker Interface
Subject: TBT-02-039 BOTSWANA HANDLOOMED
DATE: 11/08/2002                                                          
TO:    DIRECTORS, FIELD OPERATIONS                                        

FROM:  EXECUTIVE DIRECTOR, TRADE COMPLIANCE AND FACILITATION              
       OFFICE OF FIELD OPERATIONS                                         

SUBJECT:  TBT-02-039 HANDLOOMED FABRIC AND HANDMADE ARTICLES FROM         
          SUCH HANDLOOMED FABRIC PRODUCED IN BOTSWANA ELIGIBLE FOR        
          PREFERENTIAL TARIFF TREATMENT UNDER THE AFRICAN GROWTH AND      
          OPPORTUNITY ACT (AGOA)                                          

REF:  TBT-01-008 AGOA IMPLEMENTATION INSTRUCTIONS                         
      TBT-01-043 BOTSWANA VISA ARRANGEMENT                                

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 ACT PROVIDES FOR DUTY-FREE TREATMENT FOR     
IMPORTS OF CERTAIN TEXTILE AND APPAREL PRODUCTS OF BENEFICIARY            
SUB-SAHARAN AFRICAN COUNTRIES, INCLUDING HANDLOOMED, HANDMADE, OR         
FOLKLORE ARTICLES THAT ARE CERTIFIED AS SUCH BY COMPETENT AUTHORITIES     
OF THE BENEFICIARY COUNTRY.  EXECUTIVE ORDER 13191 DATED JANUARY 17,      
2001 AUTHORIZED THE COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE           
AGREEMENTS (CITA) TO CONSULT WITH BENEFICIARY COUNTRIES AND TO            
DETERMINE WHICH PARTICULAR TEXTILE AND APPAREL GOODS SHALL BE TREATED     
AS HANDLOOMED, HANDMADE, OR FOLKLORE ARTICLES.                            

PER A JANUARY 25, 2001 FEDERAL REGISTER NOTICE (66 FR 7837), THE          
PRESIDENT DELEGATED THE OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE  
(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ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ACCOMPANIED BY AN   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. GROUPING 9 OF THIS VISA ARRANGEMENT IS     
FOR HANDMADE, HANDLOOMED, OR FOLKLORE ARTICLES. PLEASE NOTE THAT THE      
QUANTITY SHOWN ON THE VISA FOR GROUPING 9 WILL BE THE NORMAL REPORTING    
QUANTITY FOR THE TYPE OF IMPORTED MERCHANDISE. FOR EXAMPLE, IF RUGS OR    
HAND LOOMED FABRIC ARE IMPORTED, THE REPORTED QUANTITY WILLBE 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.                      

ON OCTOBER 9, 2002, CITA HELD CONSULTATIONS WITH THE GOVERNMENT OF        
BOTSWANA. IN A NOVEMBER 6, 2002 FEDERAL REGISTER NOTICE (67 FR 67604),    
CITA HAS DETERMINED THAT HANDLOOMED FABRICS AND HANDMADE ARTICLES MADE    
FROM SUCH HANDLOOMED FABRICS PRODUCED IN AND EXPORTED FROM BOTSWANA ARE   
ELIGIBLE FROM PREFERENTIAL TARIFF TREATMENT UNDER SECTION 112(A) OF       
THE AGOA IF ACCOMPANIED BY AN AGOA EXPORT VISA FOR GROUPING 9 ISSUED BY   
THE GOVERNMENT OF BOTSWANA.  AN AGOA CLAIM MAY BE FILED FOR SUCH ARTICLES 
UNDER HARMONIZED TARIFF SCHEDULE (HTS) PROVISION 9819.11.27 WHEN          
ACCOMPANIED BY AN APPROPRIATE EXPORT VISA.                                

PLEASE NOTE THAT NO FOLKLORE ITEMS HAVE BEEN DESIGNATED AT THIS TIME.     
CITA MAY EXTEND THIS PREFERENTIAL TARIFF TREATMENT TO ADDITIONAL          
PRODUCTS FOLLOWING FUTURE CONSULTATIONS WITH THE GOVERNMENT OF BOTSWANA.  

ACTION:                                                                   

EFFECTIVE NOVEMBER 18, 2002, HANDLOOMED FABRICS AND HANDMADE ARTICLES     
MADE FROM SUCH HANDLOOMED FABRICS PRODUCED IN AND EXPORTED FROM           
BOTSWANA ARE ELIGIBLE FOR PREFERENTIAL TARIFF TREATMENT UNDER SECTION     
112(A) OF THE AGOA IF ACCOMPANIED BY AN AGOA EXPORT VISA FOR GROUPING     
9 ISSUED BY THE GOVERNMENT OF BOTSWANA. SUCH PRODUCTS ARE CLASSIFIABLE    
UNDER HTS PROVISION 9819.11.27 WHEN ACCOMPANIED BY AN APPROPRIATE EXPORT  
VISA.                                                                     

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  MS. SUSAN THOMAS, AT (202) 927-3719 OR MR. ROBERT ABELS, AT         
(202) 927-1959.                                                           


(SIGNED JANET L. LABUDA)                                                  
FOR ELIZABETH G. DURANT