CBP Notice on Proclamation 8323 AGOA Changes, ACS Programmed to Recognize Mauritius as Eligible for AGOA LDBC Benefits, Etc.
U.S. Customs and Border Protection has issued a memorandum on the changes made to the African Growth Opportunity Act (AGOA) by Presidential Proclamation 8323, which was signed November 28, 2008.
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According to CBP, this Proclamation makes two significant changes to AGOA:
- Mauritius has been included as an AGOA lesser developed beneficiary sub-Saharan African country (LDBC) effective October 31, 2008; and
- the abundant supply provisions of the AGOA, found under HTS Chapter 98, Subchapter XIX, U.S. Note 5, subheadings 9819.15.10 through 9819.15.42, have been deleted from the HTS, effective October 31, 2008.
Eligible Apparel from Mauritius Can be Entered under HTS 9819.11.12
Eligible apparel from Mauritius entered, or withdrawn from warehouse, for consumption on or after October 31, 2008 may be entered under HTS 9819.11.12 and must be accompanied by an original visa issued by the government of Mauritius for Grouping 5.
Importers Who Paid Duties on/after October 31st may Apply for a Refund
CBP states that importers who paid duties on apparel articles from Mauritius on or after October 31, 2008 that are eligible for LDBC treatment, may apply for a refund of duties paid.
Importers can avail themselves of all the applicable post entry procedures. In order for an importer to make a claim under the new provisions, documentation requirements must be met (e.g., a textile certificate of origin as outlined in 19 CFR 10.214 and a commercial invoice with the necessary visa stamp issued by the government of Mauritius).
ACS Programmed to Recognize Mauritius as Eligible for AGOA LDBC Benefits
Entries may be filed via the Automated Broker Interface (ABI) as the Automated Commercial System (ACS) has been programmed to recognize Mauritius as eligible for AGOA LDBC benefits under HTS 9819.11.12.
Certain HTS Subheadings Can No Longer be Used Due to Repeal of Abundant Supply Provisions
Due to the repeal of the abundant supply provisions of AGOA, effective October 31, 2008, HTS subheadings 9819.15.10 through 9819.15.42 are deleted from the HTS and may no longer be used to enter goods.
(See ITT's Online Archives or 12/05/08 news, 08120505, for BP summary on Proclamation 8323.
See ITT's Online Archives or 12/09/08 news, 08120935 1, for BP summary of CBP's memo regarding the impact of Proclamation 8323.)
CBP contact- Jacqueline Sprungle (202) 863-6517
TBT-08-018 (dated 12/15/08) available at http://www.cbp.gov/linkhandler/cgov/trade/priority_trade/textiles/tbts/tbt2008/tbt_08_018.ctt/tbt_08_018.doc