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Mauritius: Its Portion of AGOA "Third Country" Sublimit for 2004/2005 Announced

The Committee for the Implementation of Textile Agreements (CITA) has issued a notice announcing the 2004/2005 quantity of apparel imported from Mauritius, made from any fabric/yarn, that is eligible to receive duty-free treatment1 under the AGOA pursuant to HTS 9819.11.12.

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12-Month Period: 10/01/04 - 09/30/05
Mauritius' Portion of \"Third Country\" Sublimit(HTS 9819.11.12)26,796,946 SME

CITA states that subject apparel imported from Mauritius entered in excess of the above level will be subject to otherwise applicable tariffs.

(The Miscellaneous Trade and Technical Corrections Act of 2004 (Act) designated Mauritius as a lesser-developed AGOA beneficiary country2 for a one-year period, thus making apparel imported from Mauritius, up to a certain amount (listed above), that is 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, eligible for duty-free treatment1 under HTS 9819.11.12.)

Grouping 5 Original Visa Required

A TBT notice issued by U.S. Customs and Border Protection (CBP) states that the eligible apparel, classified under HTS 9819.11.12, must be accompanied by an original visa issued by the Government of Mauritius under Grouping 5.

Eligible Apparel Entered October 1, 2004 - Dec 2, 2004

CBP also states that properly documented requests for liquidation or reliquidation of eligible apparel from Mauritius entered during the period of October 1, 2004 - December 2, 2004 (i.e. prior to the Act's December 3, 2004 date of enactment) must be made at the port of entry by close of business March 3, 2005.

According to CBP, it will begin processing these requests and liquidating or reliquidating subject apparel as free of duty1, once CBP issues its QBT containing the above level for Mauritius as well as quota processing instructions.

Eligible Apparel Entered On/After Dec 3, 2004

CBP states that importers cannot make claims for duty-free treatment1 for eligible apparel entered, or withdrawn from warehouse, for consumption on or after December 3, 2004, until CBP issues its QBT. Once the QBT is issued, claims can be made.

In addition, CBP states that importers will have the opportunity to file post entry amendments (PEAs) for these goods once the QBT is issued.

1 free of duty and any quantitative restrictions, excluding any tariff preference levels

2also termed lesser-developed beneficiary sub-Saharan African (SSA) country.)

(See ITT's Online Archives or 02/25/05 news, 05022515 for BP summary of USTR notice amending HTS for Mauritius.See ITT's Online Archives or 02/09/05 news, 05020905, for BP summary of CBP's notice on retroactive textile benefits under the Act.See ITT's Online Archives or 11/01/04 news, 04110115, for BP summary of the Act's Mauritius provision.)

CITA contact - Anna Flaaten (202) 482-3400

CITA notice (FR Pub 03/01/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-4019.pdf.

CBP contact: Susan Thomas (202) 344-3719

CBP TBT-05-006 (dated 02/25/05) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/tbts/TBT2005/tbt_05_006.ctt/tbt_05_006.doc