Legal Documents

Documents including US legislation relating to AGOA are housed within this section.

Bill H.R. 1891 - AGOA Extension and Enhancement Act of 2015

Bill H.R. 1891 of 17 April 2015 to extend AGOA, the GSP, and for other purposes. Note: this version replaced by H.R. 1295 above

Author
House Ways and Means Committee
Organisation
US Congress
Publication Date
17 April 2015

AGOA Extension and Enhancement Act 2015 - Summary

Summary and key points of the AGOA Extension Act 2015. 

Author
House Ways and Means / Senate Finance
Organisation
House Ways and Means / Senate Finance
Publication Date
17 April 2015

Federal Notice - Madagascar's apparel benefits reinstated 15 December 2014

In Proclamation 7350 (October 2, 2000), the President authorized the USTR to perform the function of determining whether eligible sub- Saharan beneficiary countries have met the two requirements described above. The President directed the USTR to announce any such determinations in the Federal Register and to implement them through modifications the Harmonized Tariff Schedule of the United States (HTS). Based on actions that both Guinea and Madagascar have taken, I have determined that each country have satisfied these two requirements. Accordingly, pursuant to the authority assigned to the USTR in Proclamation 7350, U.S. note 7(a) to subchapter II of chapter 98 of the HTS, and U.S. notes 1 and 2(d) to subchapter XIX of the HTS are modified by inserting ‘‘Guinea’’ and ‘‘Madagascar’’ in alphabetical sequence in the list of countries. The foregoing modifications to the HTS are effective with respect to articles entered, or withdrawn from warehouse for consumption, on date of publication. Importers claiming preferential tariff treatment under the AGOA for entries of textile and apparel articles should ensure that those entries meet the applicable visa requirements. See Visa Requirements Under the African Growth and Opportunity Act, 66 FR 7837 (2001).

Organisation
Federal Register
Publication Date
15 December 2014

2014-2015 AGOA Textile Quota Cap

Limitations of duty- and quota-free imports of apparel articles assembled in beneficiary Sub-Saharan African countries from regional and third-country fabric.  Publication of the new 12-month cap on duty-and quota-free benefits. 

Author
Committee for the Implementation of Textile Agreements (CITA)
Organisation
OTEXA
Publication Date
02 October 2014

Letter from House Committee on Foreign Affairs - regarding investigation into effectiveness of AGOA

Letter to the U.S. Comptroller General by the US House Foreign Affairs Committee requesting a study to examine the effectiveness of the African Growth and Opportunity Act (AGOA) in an effort to better increase investment, trade and job growth between African countries and the United States.

USITC press release: Investigation No. 332-542; 332-543; 332-544; 332-545

Following receipt of a request dated September 30, 2013 (received October 17, 2013) from the United States Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. §1332(g)), the U.S. International Trade Commission (Commission) instituted four investigations for the purpose of providing the requested information: investigation No. 332-542, AGOA: Trade and Investment  Performance Overview; investigation No. 332-544, AGOA: Economic Effects of Providing Duty-Free Treatment for Imports; investigation No. 332-545, U.S. AGOA Rules of Origin: Possible Changes to Promote Regional Integration and Increase Exports to the United States; and investigation No. 332-546, EU-South Africa FTA: Impact on U.S. Exports to South Africa.

Apparel quota determination under AGOA for 2013-2014

For the one-year period, beginning on October 1, 2013, and extending through September 30, 2014 the aggregate quantity of imports eligible for preferential treatment under these provisions is 1,784,195,681 square meters equivalent (SME). Of this amount, 892,097,841 SME is available to apparel articles imported under the special rule for lesser-developed countries (also known as the "third country fabric" provisions).

Author
Office for Textiles and Apparel (OTEXA)
Publication Date
25 October 2013

Bill H.R. 6111 (109th Congress): Tax Relief and Health Care Act of 2006 (contains AGOA IV legislation)

Signed into law on 20 December 2006. Contains the AGOA IV legislative changes, extending AGOA to 2015 and the third country fabric provisions to 2012; introduces the 'abundant supply' provisions, extends the Generalised System of Preferences. 

Author
US Congress
Organisation
US Congress
Publication Date
20 December 2006

Category 9 Determinations on eligibility for textile exports under AGOA - all countries

Schedule of determinations, for each applicable AGOA beneficiary, relating to Category 9 articles under AGOA: Traditional and folklore textiles

Author
OTEXA
Organisation
OTEXA
Publication Date
02 April 2010
View the document

HR 1777 'Increasing American Jobs Through Greater Exports to Africa Act of 2013’

To create jobs in the United States by increasing United States exports to Africa by at least 200 percent in real dollar value within 10 years, and for other purposes. Mr. SMITH of New Jersey (for himself, Mr. RUSH, and Ms. BASS) introduced the following bill; which was referred to the Committee on Foreign Af- fairs, and in addition to the Committees on Ways and Means, Small Business, and Financial Services, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

Author
House of Representatives
Organisation
US Congress
Publication Date
26 April 2013
View the document

Senate Bill S. 3326 to extend AGOA fabric provisions to 2015 (as passed)

S3326, which was passed by the Senate on 2 August 2012, to extend the AGOA third country fabric provisions to 2015.

Author
United States Senate
Organisation
United States Senate
Publication Date
01 July 2012
View the document

Preliminary financial estimate of the AGOA fabric provision renewal 2012

Details on the cost estimate of the AGOA fabric waiver extension, as prepared by the US Congressional Budget Office.

Author
Congressional Budget Office
Organisation
Congressional Budget Office
Publication Date
01 July 2012
View the document

Proposed Coburn amendment to AGOA

Text of the proposed Coburn amendment prior to passing of AGOA fabric extension on 2 August 2012. The proposed amendment was not passed (40:58 vote), which resulted in the passage of the AGOA third country fabric waiver provisions.

Author
Senator Coburn (sponsor)
Organisation
US Senate
Publication Date
01 July 2012
View the document

Bill H.R. 5986 - submitted to House Ways and Means 21 June 2012 to extend AGOA third country fabric provisions

Bill submitted to House Ways and Means Committee on 21 June 2012, to amend the African Growth and Opportunity Act to extend the third country fabric program and to add South Sudan to the list of countries eligible for designation under that Act, to make technical corrections to the Harmonized Tariff Schedule of the United States relating to the textile and apparel rules of origin for the Dominican Republic-Central America-United States Free Trade Agreement, to approve the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes.

Author
Rep. Dave Camp and 21 Co-Sponsors
Organisation
US Congress
Publication Date
21 June 2012
View the document

US GSP Renewal - October 2011

Legislation passed by the US Congress and signed into law to re-enact the US GSP and restrospectively apply the GSP preferences for 2011 since the former GSP expired in December 2010.

Author
US Congress
Organisation
US Congress
Publication Date
01 October 2011
View the document

Bill HR 2493 to amend AGOA third country textile fabric provisions

Proposed legislation to amend the African Growth and Opportunity Act to extend the third country fabric program from 2012 to 2015, and for other purposes.

Author
Reps. Bill McDermott, Johnson, Rangel and Payne
Organisation
US Congress
Publication Date
01 July 2011
View the document

USTR text: Liberia qualifies for textile preferences under AGOA 2011

Legal text on the determination of Liberia as qualifying for textile preferences (including the third country provisions) under AGOA.

Author
USTR Ron Kirk
Organisation
Office of the US Trade Representative
Publication Date
01 February 2011
View the document

Presidential Proclamation ceasing the Congo-DRC's eligibility for AGOA preferences

Presidential Proclamation published on 21 December 2010 removing the Democratic Republic of Congo's eligibility for AGOA preferences.

Author
The White House
Organisation
The White House
Publication Date
27 December 2010
View the document

AGOA III legislation

AGOA III - legislation known as "AGOA Acceleration Act of 2004".

Author
US Congress
Organisation
US Congress
Publication Date
01 May 2004
View the document

AGOA WTO Waiver - annual report 2009

Under the terms of this waiver, the United States is required to submit to the General Council an annual report on the implementation of the trade-related provisions of AGOA with a view to facilitating the annual review provided for in paragraph 4 of Article IX of the WTO Agreement. This report covers calendar year 2009.

Author
US Delegation at WTO
Organisation
WTO
Publication Date
01 May 2010
View the document

Bill H.R. 4101 - New Partnership for Trade Development Act of 2009

Proposals to "amend the African Growth and Opportunity Act and the Trade Act of 1974 to provide improved duty-free treatment for certain articles from certain least-developed countries, and for other purposes". The Bill inter alia makes provision for an extension of AGOA to the end of 2019 (and beyond with periodic renewals), abolish quotas, harmonize US trade policy and simplify the US GSP by implementing a single Rule of Origin. 

Author
Sen. Bill MCDERMOTT
Organisation
US Congress
View the document

Amendments to AGOA (HR 7222) - abundant supply provisions and Mauritius eligibility

Public Law 110-436 amending AGOA: (a) repeal of abundant supply provisions (b) designation of Mauritius as a country that may use third country fabrics in clothing exports. CONGRESSIONAL RECORD, Vol. 154 (2008): Sept. 29, considered and passed House. Oct. 2, considered and passed Senate, amended. Oct. 3, House concurred in Senate amendment. Oct. 16, Presidential remarks. 

Author
US Government
Organisation
US Government
Publication Date
16 October 2008
View the document

House of Representatives Bill HR 5095 to include Mauritius under the AGOA fabric waiver programme

House of Reps Bill HR 5095 to amend certain parts of the AGOA legislation (specifically to include Mauritius as a country able to benefit from the apparel provisions with respect to using third country fabrics).

Author
Rep. McDermott
Organisation
US Congress
Publication Date
17 January 2008
View the document

Proclamation 8240 Federal Register Notice 77, declaring Togo AGOA-eligible

Federal Register notice published 21 April 2008 proclaiming Togo as an AGOA beneficiary country, and amending certain parts of the AGOA legislation.

Author
The White House
Organisation
The White House
Publication Date
01 April 2008
View the document

Federal Register notice on textiles 'Abundant Supply' provisions 2007

Abundant supply provisions published in the Federal Register of 27 February 2007, pertaining to AGOA IV.

Author
US Dept of Commerce
Organisation
US Dept of Commerce
Publication Date
01 February 2007
View the document

2008 AGOA Textile Certificate of Origin

Textile certificate of origin (May 2008 version).

Author
US Customs / Office for Textiles and Apparel
Organisation
US Customs / Office for Textiles and Apparel
Publication Date
01 June 2007
View the document

Bill H.R. 6406 includes Abundant Supply provisions

Summary of AGOA and GSP-related provisions of this Bill. Generalized System of Preferences (GSP) 1. Extends GSP for two years, consistent with the President’s budget request. 2. After a six-month delay, tightens rules on competitive need limit waivers to tailor the program for use by lesser developed countries that need help exporting to the United States.President is given discretion to end waivers on products that constitute 150 percent of the competitive need limit or 75 percent of U.S. imports of that product. African Growth and Opportunity Act (AGOA) 1. Extends current provision allowing benefits for apparel made with fabric from third countries until 2012, with a 3.5 percent cap. 2. Provides an exception to the third country fabric benefit for apparel goods made from components that are in “abundant supply” in Africa. The purpose is to remove current disincentives for the investment in fabric production in Africa. In particular, denim is deemed to be in abundant supply because of known production in Lesotho. 3. Allows duty free treatment for lesser developed countries for certain textiles (non-apparel) of wholly made African fabric.

Author
Rep. Bill Thomas
Organisation
US Senator
Publication Date
01 May 2006
View the document

Bill HR. 6142: Africa Investment Incentive Act of 2006

Proposed legislation amending the AGOA, including an extension of the third-country fabric provision, the associated quota limits, the GSP, as submitted by Rep. Bill Thomas on 21-09-2006.

Author
Rep. Bill Thomas
Organisation
US House of Representatives
Publication Date
01 September 2006
View the document

Bill H.R. 6076 Emergency Trade Programme Extension Act of 2006

Proposed legislation amending the AGOA, including an extension of the third-country fabric provision, the associated quota limits, and the status of Mauritius.

Author
Rep. Charles Rangel with Co-Sponsors
Organisation
US Senate
Publication Date
01 September 2006
View the document

Bill H.R. 5480: African Entrepreneurship Act of 2006

Official Title: To promote economic diversification, entrepreneurship, and private sector development in Africa, and to promote partnerships among small and medium enterprises in the United States and the African private sector in qualified sub-Saharan African countries. If passed, this Act is designed to facilitate private sector growth and diversify economies in SSA by providing US business and technical expertise to small and medium sized businesses (SMEs) located in SSA.

Author
Rep. James McDermott and co-sponsors
Organisation
during 109th U.S. Congress (2005-2006)
Publication Date
25 May 2006
View the document

Bill H.R. 5070: Trade Preference Extension and Expansion Act of 2006

Official Title: To extend certain trade preference programs, and for other purposes. Aims to promote sustainable development and economic growth in Sub-Saharan Africa in three ways: by extending the GSP for one year, by amending the AGOA, and by expanding duty-free access for agricultural goods and assistance to SSA agribusiness.

Author
Rep. Charles Rangel with Co-Sponsors
Organisation
during 109th U.S. Congress (2005-2006)
Publication Date
30 June 2006
View the document

Proclamation on 2006 AGOA Country Eligibility

Presidential Proclamation dated 22 December 2005 indicating the removal of Mauritiana from the list of AGOA beneficiaries and addition of Burundi with effect of 01-01-2006.

Author
The White House
Organisation
The White House
Publication Date
22 December 2005
View the document

Memorandum of Understanding China - US relating to textiles quotas

Memorandum of Understanding (MoU) signed in November 2005 between the governments of the United States and China concerning trade in textile and apparel products. These consultations took place under Paragraph 242 of the "Report of the Working Party for the Accession of China to the WTO", and cover trade in 22 categories for the period 2006 to 2008.

Author
US - China
Organisation
US - China
Publication Date
01 May 2005
View the document

HR-1047 Miscellaneous Trade and Technical Corrections Act of 2004

Legal text of HR-1047, which proposes certain ammendments to US legislation, including the re-designation of Mauritius as a LDC country.

Author
US House of Representatives
Organisation
US House of Representatives
Publication Date
01 October 2004
View the document

Alphabetic Guide to the US HTS Product Coding

This alphabetic guide provides a useful overview on a product-by-product basis to the US Harmonised tariff System (HTS) nomenclature.

Author
United States Trade Representative (USTR)
Organisation
US Government
Publication Date
01 May 2004
View the document

AGOA Acceleration Act HR 4103 - AGOA III Act

The AGOA Acceleration Act, HR 4103, is closely modelled after the proposed "AGOA III Act" but is specifically designed to smoothly pass the Congress soon after April 2004.

Author
Republican Bill Thomas / Democrat Jim McDermott
Organisation
US Senate and House of Representatives
Publication Date
01 April 2004
View the document

AGOA III Bill

This Bill, commonly referred to as “AGOA III”, was introduced to the Senate of the United States and House of Representatives on November 21 and 22, 2003, respectively. Proposed changes included an overall extension of AGOA to 2015 (from 2008 presently), an extension of the apparel rule applying to lesser developed countries by a further 4 years to 2008 as well as various support measures relating mainly to the agricultural sector. The Bill was not passed in its current form, but subsequently made it through Congress following various ammendments. See the final version of AGOA 3 -HR4103- below.

Author
US Government
Organisation
US Government
Publication Date
01 November 2003
View the document

AGOA Clarification Ruling (Apparel)

This document presents the findings and a binding ruling issued by the US Customs Department following an enquiry by a potential apparel exporter from Ghana. Ghana qualifies for apparel exports under AGOA, and is in addition also classified as a “Lesser Developed Beneficiary Country”. The exporter seeks clarification regarding the AGOA-eligibility (and thus duty-free access to the US) of a garment which will be assembled in Ghana, but where certain input materials will be sourced from a region that does not qualify for AGOA benefits (Asia).

Author
Commercial Rulings Division
Organisation
US Dept. of Commerce
Publication Date
01 March 2003
View the document

2000 AGOA Textile Certificate of Origin (EXPIRED)

(EXPIRED) This is a copy of the AGOA Textile Certificate of Origin. An exporter of apparel/textiles wishing to obtain the preferential treatment available under AGOA (i.e. duty-free treatment) for specific apparel/textile products must complete the Certificate and provide it to the importer, which is importing the apparel/textiles to the United States. The Certificate must be available to U.S. Customs on request but does not accompany the actual shipment.   See http://agoa.info/downloads/2588.html

Author
US Government
Publication Date
01 May 2000
View the document

The text of the AGOA legislation - Public Law 106

The legal text of AGOA, to be cited as the "Trade and Development Act of 2000". Also known as "Public Law 106-200" - May 18, 2000.

Author
United States Government
Publication Date
18 May 2000