CBP Issues its Visa/TPL Instructions for AGOA Duty-Free Claims for Textile Articles from Benin

As a result, CBP will now accept AGOA duty-free and TPL claims for qualifying textile articles imported from Benin. (See ITT's Online Archives or 01/29/04 news, 04012920, for BP summary of the U.S. Trade Representative's (USTR's) notice listing Benin as eligible for AGOA duty-free textile benefits.)

AGOA Visa Instructions for Textile Articles from Benin

In its visa instructions, CBP states that importers claiming AGOA duty-free treatment for entries of qualifying textile articles from Benin should ensure that (partial list):

an AGOA visa issued by the government of Benin for each shipment of textile articles, regardless of value, is presented to CBP at time of entry, or withdrawal from warehouse, for consumption, if duty-free treatment is claimed;

(CBP sources state that if the AGOA visa is not yet available, regular duty-paid entry must be made and then a duty refund may be requested by filing an appropriate post-entry amendment.)

the shipment is visaed by the stamping of the original circular visa, in blue ink only, on the front of the original commercial invoice (the original visa must not be stamped on duplicate copies of the invoice); and

each visa stamp includes the standard nine-character alphanumeric visa number (beginning with the grouping number (1-9); e.g., 1BJ512345); the date of issuance; the authorized signature; and the correct grouping, quantity (in whole numbers), and unit of quantity of the shipment. Subscribers should note that since Benin is a lesser developed AGOA beneficiary country, visas may be issued for grouping 5 (apparel articles made from certain "third country" fabrics or yarns)).

CBP also states that if the quantity indicated on the visa is different than that of the shipment, only the lesser of the two quantities is eligible for AGOA duty-free treatment and no overage may be applied to any other shipment. Furthermore, CBP states that the visa will not be accepted and AGOA duty-free 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.

CBP adds that if a visa is not acceptable, a new valid visa must be obtained from an authorized official of Benin, or its designate, before AGOA duty-free treatment may be claimed. CBP notes that waivers are not be permitted.

AGOA TPL Instructions for Certain "Regional" and "Third Country" Apparel

CBP's AGOA TPL instructions indicate that apparel articles of HTS 9819.11.09 (grouping 4) and 9819.11.12 (grouping 5) from Benin are eligible for duty-free treatment under the AGOA aggregate TPL and/or its sublimit (as long as they are not filled), effective for goods entered, or withdrawn from warehouse, for consumption on or after January 28, 2004.

Specifically, apparel articles made from certain "regional" fabrics or yarns (HTS 9819.11.09, grouping 4) and apparel articles made from certain "third country" fabrics or yarns (HTS 9819.11.12, grouping 5) are collectively subject to an aggregate TPL (also referred to as a cap) of 956,568,715 SME for the period October 1, 2003 through September 30, 2004. "Third country" apparel articles eligible to receive AGOA duty-free treatment under HTS 9819.11.12 are also subject to a sublimit of 470,411,241 SME for the period October 1, 2003 through September 30, 2004.

(Apparel articles entered in excess of this aggregate TPL and/or sublimit will be subject to the otherwise applicable tariffs.)

CBP's visa notice (TBT-04-002, dated 02/02/04) available at http://www.cbp.gov/ImageCache/cgov/content/import/textiles/tbt/tbt2004/tbt_2d04_2d002_2edoc/v1/tbt_2d04_2d002.doc

CBP's quota notice (QBT-04-003, dated 01/29/04) available at http://www.cbp.gov/ImageCache/cgov/content/import/textiles/qbt/qbt2004/qbt_2d04_2d003_2edoc/v1/qbt_2d04_2d003.doc