Legal Documents

H.R.1295 - Trade Preferences Extension Act of 2015 (AGOA extension legislation, passed by Congress and became Public Law No: 114-27, see separate file) An act to extend the African Growth and Opportunity Act, the Generalized System of Preferences, the preferential duty treatment program for Haiti, and for other purposes.

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

Summary and key points of the AGOA Extension Act 2015. 

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 The foregoing modifications to the HTS are effective with respect to articles entered, or withdrawn from warehouse for consumption, on date of publication.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).

For the one-year period, beginning on October 1, 2014, and extending through September 30, 2015 the aggregate quantity of imports eligible for preferential treatment under these provisions is 1,833,741,923 square meters equivalent. Of this amount, 916,870,961 square meters equivalent is available to apparel articles imported under the special rule for lesser- developed countries.

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.

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.

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).

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. 

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

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

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

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

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.

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.

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.

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.

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

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

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

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.

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. 

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. 

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).

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

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

Textile certificate of origin (May 2008 version).

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.

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.

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

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.

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.

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.

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.

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

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

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.

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.

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).

(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