Agoa.info - African Growth and Opportunity Act
TRALAC - Trade Law Centre
You are here: Home/News/Article/President Trump updates trade preference program eligibility for Rwanda

President Trump updates trade preference program eligibility for Rwanda

President Trump updates trade preference program eligibility for Rwanda

Trade by sector Rwanda - United States

Data in $ '000. Empty fields denote 'no trade'

Published date:
Thursday, 29 March 2018

The President determined today the eligibility of Rwanda, Tanzania, and Uganda for trade preference benefits under the African Growth and Opportunity Act (AGOA).

In response to a petition filed by the U.S. used clothing industry in March 2017, the Administration initiated an out-of-cycle review of Rwanda, Tanzania, and Uganda’s AGOA eligibility regarding their decisions to phase in a ban on imports of used clothing and footwear. 

The review found that this import ban harms the U.S. used clothing industry and is inconsistent with AGOA beneficiary criteria for countries to eliminate barriers to U.S. trade and investment.

Based on the results of the review, the President determined that Rwanda is not making sufficient progress toward the elimination of barriers to U.S. trade and investment, and therefore is out of compliance with eligibility requirements of AGOA.  Consequently, the President notified Congress and the Government of Rwanda of his intent to suspend duty-free treatment for all AGOA-eligible apparel products from Rwanda in 60 days. [See data table alongside: Rwanda exported $1.5m worth of AGOA apparel to the United States during 2017, up from $ 0.5m in 2016). 

The President believes suspension of these benefits, instead of termination of Rwanda’s status as an AGOA beneficiary, would allow for continued engagement with the aim of restoring market access and thereby bringing Rwanda into compliance with the AGOA eligibility requirements.

The President is not suspending benefits for Tanzania and Uganda because each has taken steps toward eliminating prohibitive tariff rates on imports of used clothing and footwear and committed not to phase in a ban of these products.  The United States will continue to monitor whether Tanzania and Uganda implement these commitments and demonstrate compliance with all of AGOA’s eligibility requirements.

“The President’s determinations underscore his commitment to enforcing our trade laws and ensuring fairness in our trade relationships,” said Deputy U.S. Trade Representative C.J. Mahoney. “I commend Tanzania and Uganda for taking corrective steps to address the United States’ concerns. We have and will continue to work with Rwanda to resolve this situation.”

Background

On March 21, 2017, the Secondary Materials and Recycled Textiles Association (SMART), asserted that the East African Community (EAC)’s 2016 decision to phase in a ban on imports of used clothing and footwear imposes significant economic hardship on the U.S. used clothing industry, and is inconsistent with AGOA beneficiary criteria for countries to establish a market-based economy and eliminate barriers to U.S. trade and investment.  Its petition requested an out-of-cycle review to determine whether Kenya, Rwanda, Tanzania, and Uganda, members of the EAC, are meeting AGOA eligibility criteria.  In its petition, SMART estimates that 40,000 U.S. jobs related to the collection, processing, and distribution of used clothing and footwear will be negatively affected once the ban is implemented.  SMART also asserts that the ban will negatively affect tens of thousands of jobs in the secondhand clothing sector in EAC countries.

The U.S. Trade Representative (USTR) accepted the petition filed by SMART and initiated an out-of-cycle review of Rwanda, Tanzania, and Uganda’s AGOA eligibility on June 20, 2017.  A public hearing was held on July 13, 2017 in Washington at which officials from the governments of Rwanda, Tanzania, Uganda and from the EAC Secretariat testified.  The USTR determined that an out-of-cycle review of Kenya’s AGOA eligibility was not warranted due to the government’s commitment to reverse the tariff back to pre-2016 levels, effective July 1, 2017, and a commitment not to ban imports of used clothing through other policy measures.  Tanzania and Uganda also made similar commitments during the course of the out-of-cycle review.

In order to qualify for AGOA trade benefits, partner countries must meet certain statutory eligibility requirements, including making continual progress toward establishing market-based economies, the rule of law, political pluralism, and elimination of barriers to U.S. trade and investment, among others.

Read related news articles

'Can Uganda wiggle out of AGOA puzzle?'

Uganda faces the possibility of being removed from the African Growth and Opportunity Act (AGOA) beneficiary states thanks in no small part to what the United States calls human rights violations. This comes hot on the heels of the recent enactment of anti- homosexuality legislation in Uganda. The programme offers duty-free access to the world’s largest economy for Sub-Saharan African countries that meet democratic criteria, which is...

12 November 2023

Uganda criticises US plan to exclude it from duty-free trade programme

Uganda on Wednesday criticised a US move to eject it and other African countries from accessing a tariff-free trade programme, saying the action was to punish African countries that are resisting the imposition of the West's cultural values. US President Joe Biden said on Monday that he intended to end the participation of Uganda, Gabon, Niger and the Central African Republic in the African Growth and Opportunity Act (AGOA) trade...

05 November 2023

Remarks by USTR Ambassador Katherine Tai at the closing ceremony of the 20th AGOA Forum

United States Trade Representative Katherine Tai today delivered remarks during the closing ceremony of the 20th African Growth and Opportunity Act (AGOA) Forum. In her remarks, Ambassador Tai reiterated the United States’ commitment to strengthen the U.S.-Africa trade and investment relationship to deliver real opportunities across our societies. Ambassador Tai also highlighted the need to make the AGOA program more effective and...

04 November 2023

Statement from USTR Tai on the AGOA eligibility review, Mauritania to be reinstated

President Biden decided to reinstate African Growth and Opportunity Act (AGOA) trade preference program benefits for one country, Mauritania, and to terminate benefits for four countries – Gabon, Niger, the Central African Republic, and Uganda – effective January 1, 2024. Based on the results of the annual AGOA eligibility review, Mauritania’s eligibility will be reinstated based on progress that it has made with respect to the 2019...

31 October 2023

Notice of intention to terminate AGOA preferences for Uganda, Gabon, Niger and the Central African Republic

Dear Mr. Speaker:   (Dear Madam President:) In accordance with section 506A(a)(3)(B) of the Trade Act of 1974, as amended (19 U.S.C. 2466a(a)(3)(B)), I am providing advance notification of my intent to terminate the designation of the Central African Republic, the Gabonese Republic (Gabon), Niger, and the Republic of Uganda (Uganda) as beneficiary sub-Saharan African countries under the African Growth and Opportunity Act (AGOA). I...

31 October 2023

AGOA Forum 2023: Digital press briefing with officials in the USTR and State Department [Transcript]

MODERATOR:  All right.  Good afternoon to everyone from the U.S. Department of State’s Africa Regional Media Hub.  I welcome our participants logging in from across the continent and thank all of you for joining this discussion.  Today, we are very pleased to be joined by the Assistant U.S. Trade Representative for Africa Constance Hamilton and Deputy Assistant Secretary in the Bureau of African Affairs of the State...

26 October 2023

Kenya's president meets US delegates on trade and investments

Kenyan President William Ruto has today held talks with US Trade Representative, Ambassador Katherine Tai. The discussions were based on US trade policy. Ruto said that the country is ready to strengthen the already existing relations between the two nations. "We will stretch our ties beyond the African Growth and Opportunity Act (AGOA) in the wake of advanced technology and climate change, for the full exploitation of our trade potential,"...

19 July 2023

** AGOA eligibility review 2023 (for year 2024): Timelines of hearings and request for comments ** [Deadline written submissions 7 July]

The Office of the United States Trade Representative (USTR) is announcing the initiation of the annual review of the eligibility of sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA). The AGOA Implementation Subcommittee of the Trade Policy Staff Committee (AGOA Subcommittee) is requesting written public comments for this review and will conduct a virtual public hearing on this matter. In...

16 May 2023

Cameroon aims to boost export revenues, rejoin AGOA - minister

Cameroon is working to boost export revenues to fend off a potential debt crisis and has relaunched talks with the U.S. to rejoin Washington's flagship trade initiative with Africa, its economy minister said on Monday. The economic fallout from the COVID-19 pandemic and the subsequent global shocks provoked by the war in Ukraine have hit African countries hard, denting economic growth and aggravating their sovereign debt positions. The...

11 April 2023

Somalia pursues AGOA membership to bolster trade

The Somali government officially applied to join the 36 African countries on Thursday, benefiting from the African Growth and Opportunity Act (AGOA). The announcement was made during the Somalia AGOA application ceremony, where outgoing U.S. Ambassador to Somalia, Larry André, highlighted the United States’ commitment to expanding and modernizing partnerships in Africa and Somalia. Ambassador André emphasized that the U.S....

10 April 2023

Ethiopia asks US to reinstate AGOA trade benefits as US Secretary of State Blinken heads to Addis, Niger

Ethiopia is asking the Joe Biden administration to reinstate its duty-free access to the US market, arguing that “exceptional circumstances” warrant an immediate re-examination of its suspension just as Secretary of State Antony Blinken heads to Addis Ababa to discuss the cessation of hostilities in Tigray. The Office of the US Trade Representative (USTR) terminated Ethiopia’s participation in the African Growth and Opportunity Act...

09 March 2023

You are here: Home/News/Article/President Trump updates trade preference program eligibility for Rwanda