USTR Amends HTS to Indicate Mauritius is a Lesser Developed AGOA Country, Etc
The Office of the U.S. Trade Representative (USTR) has issued a notice that amends, effective February 9, 2005, the Harmonized Tariff Schedule in order to indicate that Mauritius is a lesser-developed African Growth and Opportunity Act (AGOA) beneficiary country for the one-year period from October 1, 2004 through September 30, 2005.
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Specifically, the USTR is amending U.S. Note 2(d) to Subchapter XIX of HTS Chapter 98 by inserting "Mauritius" in alphabetical sequence (a change which will be deleted on midnight September 30, 2005).
(The Miscellaneous Trade and Technical Corrections Act of 2004 (Act) designated Mauritius as a lesser-developed AGOA beneficiary country1 for a one-year period, thus making Mauritius eligible to use "third country" fabric/yarn for applicable AGOA apparel.
The Act also requires a 'cap' (sublimit) to be imposed for Mauritius on the amount of apparel that is eligible for this "third country' fabric/yarn benefit. The formula for calculating this cap is set by the Act; the actual level will be announced by the Committee for the Implementation of Textile Agreements (CITA), and implemented by U.S. Customs and Border Protection (CBP).)
Ports Expected to Wait Until CITA/CBP Notices Issued Before Processing Eligible Mauritius Entries
U.S. government sources state that although this USTR notice amends the HTS to indicate Mauritius is a lesser-developed AGOA country, CITA still has to issue a notice establishing the "cap" (limit) for Mauritius "third country" apparel.
Once CITA issues this notice, CBP is expected to implement the cap and provide instructions regarding this temporary AGOA benefit for Mauritius, retroactive to October 1, 2004. The ports are then expected to process eligible entries.
Reminder - Requests for Retroactive Benefits Must be Made by March 3, 2005
With respect to retroactive benefits, CBP has previously stated that liquidation or reliquidation may be made only if a request is filed with CBP within 90 days after December 3, 2004, which is March 3, 2005.
(See ITT's Online Archives or 02/09/05 news, 05020905, for BP summary of CBP's notice on retroactive textile benefits under the Act.See ITT's Online Archives or 11/01/04 news, 04110115, for BP summary of the Act's Mauritius provision.))
(1 Mauritius was already an AGOA beneficiary country.)USTR contact - Patrick Coleman (202) 395-9514USTR notice (FR Pub 02/24/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-3473.pdf.