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AGOA Beneficiary Countries: Aggregate Cap and "Third Country" Sublimit for 2004/2005 Announced

The Committee for the Implementation of Textile Agreements (CITA) has issued a notice announcing the 2004/2005 quantities of apparel made from African Growth and Opportunity Act (AGOA) fabric and/or AGOA/U.S. yarn, or apparel made from any fabric or yarn, that are eligible to receive duty-free treatment under the AGOA pursuant to HTS 9819.11.09 and/or 9819.11.12 as amended1by the AGOA Acceleration Act of 2004 (AGOA III):

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12-Month Period: 10/01/04 - 09/30/05
Aggregate Cap (HTS 9819.11.09 and 9819.11.12)
Sublimit(HTS 9819.11.12)

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

9819.11.09Apparel articles wholly assembled in one or more AGOA beneficiary countries from fabrics wholly formed in one or more AGOA beneficiary countries from yarns originating either in the U.S. or one or more AGOA beneficiary countries or former AGOA beneficiary countries, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTS and are wholly formed and cut in one or more AGOA beneficiary countries), or from components knit-to-shape in one or more AGOA beneficiary countries from yarns originating either in the U.S. or one or more AGOA beneficiary countries or former AGOA beneficiary countries, or both, or apparel articles wholly formed on seamless knitting machines in an AGOA beneficiary country from yarns originating either in the U.S. or one or more AGOA beneficiary countries or former AGOA beneficiary countries, or both, whether or not the apparel articles are also made from any of the fabrics, fabric components formed, or components knit-to-shape that are specified as being of a type required in the apparel articles of subheadings 9819.11.03 or 9819.11.06 (unless the apparel articles are made exclusively from any of the fabrics, fabric components formed, or components knit-to-shape that are specified as being of the type required in the apparel articles of subheadings 9819.11.03 or 9819.11.06.) 2
9819.11.12Apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more lesser developed AGOA beneficiary countries regardless of the country of origin of the fabric or the yarn used to make such articles. (This HTS number is available through September 30, 2007.)

(Note that the HTS uses the terms "former beneficiary sub-Saharan African country(ies)" or "beneficiary sub-Saharan African country(ies)" while this ITT notice uses the terms former AGOA beneficiary country(ies) or AGOA beneficiary country(ies).)

1 the International Trade Commission's (ITC's) online 2004 HTS (Supplement 1) has not been amended to reflect these changes.

2 note that in the applicable CBP AGOA preference group that has been revised for AGOA III, in addition to referencing 9819.11.03 and 9819.11.06, CBP references 9802.00.8042.

(See today's ITT, 04092445 1, for BP summary of U.S. Customs and Border Protection's notice announcing this 2004/2005 aggregate cap and sublimit. See ITT's Online Archives or 09/15/04 and 09/16/04 news, 04091510 and 04091610, for Parts I and II of BP's summary on Presidential Proclamation 7808 which made various changes to the HTS with respect to AGOA III, etc.)

CITA contact - Anna Flaaten (202) 482-3400

CITA notice (FR Pub 09/22/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/E4-2318.pdf

BP Note

As of September 17, 2004, the 2003/2004 AGOA aggregate cap for HTS 9819.11.09 and 9819.11.12 was 36.09% filled and not estimated to close early. Also as of September 17, 2004, the 2003/2004 AGOA sublimit for HTS 9819.11.12 was 65.55% filled and not estimated to close early. Both the 2003/2004 aggregate cap and sublimit end on September 30, 2004.