81 FR 2939 - International Trade Data System Visa Requirements Under the African Growth and Opportunity Act

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Federal Register Volume 81, Issue 11 (January 19, 2016)

The United States Trade Representative is directing the Commissioner of Customs and Border Protection to permit importers to submit electronic images of an appropriate export visa from a beneficiary sub-Saharan African country when claiming preferential treatment for entries of textile and apparel products under the African Growth and Opportunity Act.

[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Notices]
[Pages 2939-2941]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00838]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


International Trade Data System Visa Requirements Under the 
African Growth and Opportunity Act

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: The United States Trade Representative is directing the 
Commissioner of Customs and Border Protection to permit importers to 
submit electronic images of an appropriate export visa from a 
beneficiary sub-Saharan African country when claiming preferential 
treatment for entries of textile and apparel products under the African 
Growth and Opportunity Act.

DATES: Effective Date: February 8, 2016.

FOR FURTHER INFORMATION CONTACT: Constance Hamilton, Deputy Assistant 
United States Trade Representative for Africa, Office of African 
Affairs, 202 395 9576, [email protected].

[[Page 2940]]


SUPPLEMENTARY INFORMATION: The African Growth and Opportunity Act 
(Title I of the Trade and Development Act of 2000, Public Law 106-200) 
(AGOA) provides preferential tariff treatment for imports of certain 
textile and apparel products of designated beneficiary sub-Saharan 
African countries.
    In January 2001 (66 FR 7837 Jan. 25, 2001), the United States Trade 
Representative (USTR) directed the Commissioner of Customs (now, the 
Commissioner of Customs and Border Protection) to take the actions 
necessary to ensure that textile and apparel articles described in 
section 112(b) of the AGOA (19 U.S.C. 3721(b)) that are entered or 
withdrawn from a warehouse for consumption are accompanied by an 
appropriate export visa, if the preferential treatment described in 
section 112(a) of the AGOA (19 U.S.C. 3721(a)) is claimed with respect 
to such articles. The directions to the Commissioner required that a 
shipment be visaed by stamping an original circular visa, in blue ink 
only, on the front of the original commercial invoice. Duplicate copies 
were not permitted. In order to obtain preferential tariff treatment 
under section 112(a) of the AGOA, the original of the invoice with the 
original visa stamp was required.
    On February 19, 2014, President Obama issued Executive Order 13659 
titled ``Streamlining the Export/Import Process for America's 
Businesses'' (79 FR 10657, Feb 25, 2014), which directed the U.S. 
Customs and Border Protection (CBP) to develop a more efficient and 
cost effective trade processing infrastructure called the International 
Trade Data System (ITDS) to modernize and simplify the way that 
executive departments and agencies interact with traders. The ITDS 
includes an electronic information exchange capability or ``single 
window'' known as the Automated Commercial Environment (ACE), through 
which businesses will transmit data required by agencies with trade-
related responsibilities for the importation or exportation of cargo. 
When fully implemented in December 2016, ACE/ITDS will be the primary 
means by which participating agencies will receive from users the 
standard set of data and other relevant documentation required for the 
release of imported cargo and the clearance of cargo for export.
    With this notice, the USTR is modifying the 2001 directions to the 
Commissioner to implement use of the ACE by importers from a 
beneficiary sub-Saharan African country when claiming preferential 
treatment under section 112(a) of the AGOA for eligible textile and 
apparel products that are entered or withdrawn from a warehouse for 
consumption. More specifically, the USTR is directing the Commissioner 
to allow importers to provide an appropriate export visa submitted 
electronically via the Document Image System or other approved 
functionality in ACE or any CBP approved successor system. A shipment 
still must be visaed by stamping an original circular visa, in blue ink 
only, on the front of the original commercial invoice. For ease of use, 
the visa stamp requirements published in 2001 are reproduced below 
without substantive change. Providing an electronic image of the 
original visa stamped invoice is not considered duplication for 
purposes of these instructions. The USTR also advises the Commissioner 
that an importer must provide the original of the invoice with the 
original visa stamp for physical inspection upon request by CBP 
personnel in accordance with 19 CFR part 163.
    Each visa stamp shall include the following information:
    1. Visa Number. The visa stamp is a nine digit format beginning 
with one numeric digit for the designated grouping (1 to 9), as 
described below. This number is followed by the two character alpha 
code specified by the International Organization for Standardization 
(ISO) for the designated beneficiary sub-Saharan African country, 
followed by a six digit numerical serial number identifying the 
shipment.
    Grouping 1: Apparel articles assembled in one or more beneficiary 
sub-Saharan African countries from fabrics wholly formed and cut in the 
United States, from yarns wholly formed in the United States.
    Grouping 2: Apparel articles assembled in one or more beneficiary 
sub-Saharan African countries from fabrics wholly formed and cut in the 
United States, from yarns wholly formed in the United States if, after 
assembly, the articles would have qualified for entry under subheading 
9802.00.80 of the Harmonized Tariff Schedule of the United States but 
for the fact that the articles were embroidered or subject to stone 
washing, enzyme washing, acid washing, perma pressing, oven baking, 
bleaching, garment dyeing, screen printing, or other similar processes.
    Grouping 3: Apparel articles cut in one or more beneficiary sub-
Saharan African countries from fabric wholly formed in the United 
States from yarns wholly formed in the United States if the articles 
are assembled in one or more beneficiary sub-Saharan African countries 
with thread formed in the United States.
    Grouping 4: Apparel articles wholly assembled in one or more 
beneficiary sub-Saharan African countries from fabric wholly formed in 
one or more beneficiary sub-Saharan African countries from yarn 
originating either in the United States or one or more beneficiary sub-
Saharan African countries.
    Grouping 5: Apparel articles wholly assembled in one or more 
lesser-developed beneficiary sub-Saharan countries regardless of the 
country of origin of the fabric used to make the articles.
    Grouping 6: Sweaters in chief weight of cashmere, knit to shape in 
one or more beneficiary sub-Saharan African countries and classifiable 
under subheading 6110.10 of the Harmonized Tariff Schedule of the 
United States.
    Grouping 7: Sweaters, 50 percent or more by weight of wool 
measuring 18.5 microns in diameter or finer, knit-to-shape in one or 
more beneficiary sub-Saharan African countries.
    Grouping 8: Apparel articles wholly assembled in one or more 
beneficiary sub-Saharan African countries from fabric or yarn not 
formed in the United States or any beneficiary sub-Saharan African 
country, if (1) apparel articles of such fabrics or yarns would be 
eligible for preferential treatment, without regard to the source of 
the fabric or yarn, under Annex 401 to the North American Free Trade 
Agreement, or (2) the President proclaims that apparel articles of such 
fabric or yarn may be accorded preferential tariff treatment under the 
AGOA.
    Grouping 9: Handmade, hand-loomed, or folklore articles (qualifying 
articles will be determined following bilateral consultations).
    The product groupings described above are in summary form. 
Interested persons should refer to section 112(b) of the AGOA for a 
complete description of the textile and apparel products for which 
preferential treatment may be claimed under section 112(a) of the AGOA.
    2. Date of Issuance. The date of issuance is the day, month and 
year on which the visa was signed by an authorized government official.
    3. Authorized Signature. The original signature of an authorized 
official of the beneficiary sub-Saharan African country or his 
designate.
    4. Correct Grouping and Quantity. The correct grouping, the total 
quantity, and the unit of quantity in the shipment must be provided 
within the visa stamp. Quantities must be stated in whole numbers. 
Decimals or fractions will not

[[Page 2941]]

be accepted. If the quantity indicated on the visa is less than that of 
the shipment, only the quantity shown on the visa is eligible for 
preferential tariff treatment under section 112(a) of the AGOA. If the 
quantity indicated on the visa is more than that of the shipment, only 
the quantity of the shipment is eligible for preferential tariff 
treatment under section 112(a) of the AGOA. Any overage cannot be 
applied to any other shipment.
    A visa will not be accepted and preferential tariff treatment under 
section 112(a) of the AGOA will not be permitted if the visa number, 
date of issuance, authorized signature, correct grouping, quantity or 
the unit of quantity is missing, incorrect, illegible or has been 
crossed out or altered in any way. If the visa is not acceptable, a new 
visa must be obtained from an authorized official of the beneficiary 
sub-Saharan African country, or his designate, before preferential 
tariff treatment under section 112(a) of the AGOA can be claimed. 
Waivers are not permitted.

Florizelle Liser,
Assistant United States Trade Representative for African Affairs, 
Office of the United States Trade Representative.
[FR Doc. 2016-00838 Filed 1-15-16; 8:45 am]
 BILLING CODE 3290-F6-P