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USTR Seeks Comments for Annual Review of Country Eligibility for AGOA Benefits

The Office of the U.S. Trade Representative has announced that the African Growth and Opportunity Act Implementation Subcommittee of the Trade Policy Staff Committee is requesting written public comments for the annual review of the eligibility of sub-Saharan African (SSA) countries to receive AGOA benefits.

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Comments are due by 12:00 p.m. on October 19, 2009.

(AGOA beneficiary SSA countries receive both standard duty-free benefits under the Generalized System of Preferences (GSP) program and AGOA-GSP duty-free benefits for additional products. In addition, certain AGOA beneficiary SSA countries receive AGOA textile benefits if the USTR has determined that such countries are establishing or have established certain procedures regarding the prevention of illegal textile and apparel transshipments.)

USTR to Consider Comments When Developing Recommendations to President

According to the USTR, the President is required to monitor and review annually the progress of each SSA country in meeting the AGOA eligibility criteria.

The AGOA Implementation Subcommittee will consider any comments received in developing recommendations on country eligibility for the President. In addition, comments received related to the AGOA child labor criteria may also be considered by the Secretary of Labor for the preparation of the Department of Labor's report on child labor.

40 AGOA Beneficiary SSA Countries (8 SSA Countries Not Designated)

The USTR notice lists the following 40 countries as having been designated beneficiary SSA countries under the AGOA in 2009:

AngolaDemocratic Republic of CongoLiberiaSo Tom & Principe
BeninDjiboutiMadagascarSenegal
BotswanaEthiopiaMalawiSeychelles
Burkina FasoGabonese RepublicMaliSierra Leone
BurundiGambiaMauritiusSouth Africa
CameroonGhanaMozambiqueSwaziland
Cape VerdeGuineaNamibiaTogo
ChadGuinea-BissauNigerTanzania
ComorosKenyaNigeriaUganda
Republic of CongoLesothoRwandaZambia

The USTR's notice also lists the following 8 countries as not having been designated as beneficiary SSA countries under the AGOA in 2009:

Central African RepublicEquatorial GuineaMauritania*Sudan
Cote d'IvoireEritreaSomaliaZimbabwe

*Note that on December 19, 2008 President Bush issued Proclamation 8330, which terminated the designation of Mauritania as an AGOA beneficiary country effective January 1, 2009, etc. (See ITT's Online Archives or 12/24/08 news, 08122410, for BP summary.)

(See ITT's Online Archives or 06/04/09 news, 09060405, for BP summary announcing that Madagascar may lose its AGOA benefits during the USTR's annual review due its political situation.)

- public comments are due by 12:00 pm on 10/19/09

Gloria Blue(procedural questions)(202) 395-3475
Constance Hamilton(all other questions)(202) 395-9514

USTR notice (FR Pub 09/23/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-22860.pdf

BP Note

The following 27 AGOA beneficiary have also been determined to be eligible for the AGOA textile benefits: Benin, Botswana, Burkina Faso, Cameroon, Cape Verde, Chad, Ethiopia, Gambia, Ghana, Kenya, Lesotho, Madagascar, Malawi, Mali, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, and Zambia.