President Approves Continued AGOA Eligibility for 36 Countries, Adds Burkina Faso, Drops Ivory Coast

U.S. government sources have previously stated that the countries listed above represent those countries designated both as eligible sub-Saharan African (SSA) countries under 19 USC 3703 and as beneficiary SSA countries ("AGOA beneficiary countries") under 19 USC 2466a.

(AGOA beneficiary countries receive both standard duty-free benefits under the Generalized System of Preferences (GSP) program and AGOA-GSP duty-free benefits for approximately 1,835 specified HTS numbers (identified in the HTS by the Special Subcolumn symbol 'D.').)

Burkina Faso added as AGOA beneficiary country. According to the press release, Burkina Faso was designated as eligible for AGOA benefits. Burkina Faso's designation is effective 15 days after December 10, 2004. (See ITT's Online Archives or 12/16/04 news, 04121610, for BP summary of Presidential Proclamation 7853, which designated Burkina Faso as an AGOA beneficiary country.)

Cte d'Ivoire dropped as AGOA beneficiary country. The press release indicates that the President has removed Cte d'Ivoire(Ivory Coast) from the list of AGOA beneficiary countries. Presidential Proclamation 7858, which terminates the designation of Cte d'Ivoire as an AGOA beneficiary country effective January 1, 2005, will be published in the December 27, 2004 Federal Register.

In order to reflect this termination, the Proclamation will modify HTS General Note 16(a) by deleting Cte d'Ivoirefrom the list of AGOA beneficiary countries. In addition, HTS Chapter 98, Subchapter XIX, U.S. Note 2(d) will be modified by removing Cte d'Ivoirefrom the list of lesser developed AGOA beneficiary countries. Furthermore, HTS Chapter 98, Subchapter II, U.S. Note 7(a) and HTS Chapter 98, Subchapter XIX, U.S. Note 1 will be modified by deleting Cte d'Ivoire from the list of AGOA beneficiary countries eligible for certain textile benefits.

The press release states that this annual presidential determination allows for the provision of certain benefits to those countries that are making continued progress toward a market-based economy, the rule of law, free trade, economic policies that will reduce poverty, and protection of workers' rights.

Twenty-Four of 37 AGOA Countries Have AGOA Textile Benefits

Of the 37 currently or soon-to-be designated AGOA beneficiary countries, the following 24 have been determined to be eligible for the AGOA textile benefits: Benin, Botswana, Cameroon, Cape Verde, Ethiopia, Ghana, Kenya, Lesotho, Madagascar, Malawi, Mali, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda and Zambia.

(See ITT's Online Archives or 07/15/04 news, 04071525, for BP summary of the U.S. Trade Representative's (USTR's) most recent determination listing Nigeria as eligible for these AGOA textile benefits.)

White House press release (dated 12/22/04) available at http://www.whitehouse.gov/news/releases/2004/12/20041222-1.html

Proclamation 7858 (FR Pub 12/27/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-28403.pdf.