CBP guidance on trade benefit changes under AGOA, Israel & Chile FTA

CSMS #41285855


On December 26, 2019, the Presidential Proclamation 9974 was signed with amendments to trade benefits under AGOA, Israel FTA and Chile FTA. 


Presidential Proclamation 9974 also directs the implementation of the U.S. Japan Trade Agreement which entered into force on January 1, 2020 and is handled under a separate memorandum.

This message is to inform the Trade of the following modifications affecting certain AGOA beneficiary countries, agricultural products of Israel, and originating goods from Chile.


CAMEROON

As of  January 1, 2020, Cameroon’s designation as a beneficiary sub-Saharan African country under the AGOA is terminated, due to the determination that Cameroon is not making continual progress in meeting the requirements described in section 506A(a)(1) of the Trade Act.


THE REPUBLIC OF NIGER, THE CENTRAL AFRICAN REPUBLIC, AND THE REPUBLIC OF THE GAMBIA

As of January 1, 2020, the Republic of Niger, the Central African Republic, and the Republic of The Gambia are not eligible for the treatment provided for under section 112(a) of the AGOA (19 U.S.C. 3721(a)), due to the determination that they have not established effective visa systems and related Customs procedures meeting the requirements of section 113 of the AGOA (19 U.S.C. 3722).


GUINEA-BISSAU AND THE REPUBLIC OF NIGER

As of January 1, 2020, Guinea-Bissau and the Republic of Niger are designated as lesser developed beneficiary sub-Saharan African countries under section 112(c) of the AGOA.  In addition, Note 2(d) of subchapter XIX of chapter 98 of the HTSUS is modified to include “Guinea-Bissau” and “Niger” to the list of lesser developed beneficiary sub-Saharan African countries.


ISRAEL

As of January 1, 2020 and as provided in Annex I of Presidential Proclamation 9974, duty-free access is extended through December 31, 2020 for specified quantities of certain agricultural products of Israel entered for consumption or withdrawn from warehouse for consumption.  In addition, the provisions of subchapter VIII of chapter 99 of the HTSUS is extended to be in effect through December 31, 2020.

(https://www.federalregister.gov/documents/2019/12/30/2019-28285/to-take-certain-actions-under-the-african-growth-and-opportunity-act-and-for-other-purposes)


CHILE

Effective April 1, 2020, the general note 26 (GN 26) of the HTSUS is to be modified to ensure the continuation of staged reduction in rates of duty for originating goods in tariff categories under the U.S.-Chile Free Trade Agreement, as provided in Annex IV of Presidential Proclamation 9974.

(https://www.federalregister.gov/documents/2019/12/30/2019-28285/to-take-certain-actions-under-the-african-growth-and-opportunity-act-and-for-other-purposes)

For questions regarding non-textile commodities, contact Trade Agreements Branch at FTA@CBP.DHS.gov; for questions regarding textile commodities, contract Textile Policy Branch at OTTEXTLE_POLICY_ENF@CBP.DHS.gov.


RESOURCE DOCUMENTS

The link to Presidential Proclamation 9974 is available at:

https://www.whitehouse.gov/presidential-actions/presidential-proclamation-take-certain-actions-african-growth-opportunity-act-purposes-6/


Federal Register Notice 84 FRN 72187 reflecting Presidential Proclamation 9974:

https://www.federalregister.gov/documents/2019/12/30/2019-28285/to-take-certain-actions-under-the-african-growth-and-opportunity-act-and-for-other-purposes.


For more info on the AGOA, visit USTR’s website at:  

https://ustr.gov/issue-areas/trade-development/preference-programs/african-growth-and-opportunity-act-agoa


For more info on U.S.-Israel trade in agricultural products, visit USTR’s website at:  

https://ustr.gov/trade-agreements/free-trade-agreements/israel-fta


For more info on the U.S.-Chile FTA, visit USTR’s website at:

https://ustr.gov/trade-agreements/free-trade-agreements/chile-fta.

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