January 30, 2023, Point Blank Enterprises Inc., Pompano Beach, Florida, has been awarded a maximum $20,937,840 fixed-price, fixed-quantity contract for the Modular Lightweight Load-carrying Equipment 4000 rucksack set. This was a sole-source acquisition using justification 10 U.S. Code 2304 (c)(2), as stated in Federal Acquisition Regulation 6.302-2. This is a 20-month contract with no option periods. Location of performance is Puerto Rico, with an Aug. 30, 2024, performance completion date. Using military services are Army and Air Force. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-23-C-0010).
Monday, January 30, 2023
Foreign-Trade Zone 38—Spartanburg County, South Carolina, Application for Production Authority, Teijin Carbon Fibers, Inc. (Polyacrylonitrile-Based Carbon Fiber), Opening of Comment Period on Submission Containing New Evidence.
On January 30, 2023, the Foreign Trade Zone Board published in the Federal Register (88 FR 5853) Foreign-Trade Zone 38—Spartanburg County, South Carolina, Application for Production Authority, Teijin Carbon Fibers, Inc. (Polyacrylonitrile-Based Carbon Fiber), Opening of Comment Period on Submission Containing New Evidence.
The FTZ Board is inviting public comment on a submission containing new evidence pertaining to the application, as amended, on behalf of Teijin Carbon Fibers, Inc. (TCF), requesting production authority within FTZ 38 in Greenwood, South Carolina. Specifically, the amended application requests removal of the restriction requiring the reexport of foreign status 24,000 filament tow polyacrylonitrile fiber used to produce carbon fiber.
This controversial FTZ application has been under consideration since 2019, as Agathon Associates previously reported.
CBP Civil Monetary Penalty Adjustments for Inflation
On January 13, 2023, U.S. Customs and Border Protection published in the Federal Register (88 FR 2175) Civil Monetary Penalty Adjustments for Inflation.
Friday, January 27, 2023
Customs Announced 2023 Canada Textile and Apparel TPLs
Commodity: Certain Cotton, Wool and Man-made Fiber textile products, as provided for in Chapter 98, Sub-chapter XXIII, US Note 11 of the Harmonized Tariff Schedule of the United States,
Read more HERE.
FTC Order Requires Pyrex Glass Manufacturer to Pay for Falsely Claiming Chinese Products Were Made in USA
The Federal Trade Commission has taken action against Instant Brands, manufacturer of Pyrex-brand kitchen and home products, for falsely claiming that all its popular glass measuring cups were made in the United States during a time some measuring cups were imported from China. The FTC’s proposed order against Instant Brands would stop the company from making deceptive claims about products being “Made in USA” and require them to pay a monetary judgment.
Read more HERE
Properly Tied Recalls Children’s Lounge Pants Due to Violation of Federal Flammability Standards and Burn Hazard
This recall involves Properly Tied children’s lounge pants made of 100% cotton. The lounge pants were advertised as “LD Aspen Loungepant.” The lounge pants were available in sizes 2T through YXL and sold in the following print patterns: blaze, blue ridge, clay mountain and forest. “Properly Tied Pajama” and the size designation is printed on the internal waist band label. “Properly Tied, 100% Cotton and Made in China” is printed on the side seam label.
Remedy: Consumers should immediately take the recalled children’s sleepwear away from children, stop using them and contact Properly Tied for instructions on how to receive a pre-paid mailer to return the lounge pants for a full refund. Properly Tied is contacting all known purchasers.
Incidents/Injuries: None reported
Sold At: Sweet Threads, Britches and Bows, May May’s, The Carousel, Bundle of Joy, Dragonflies, Tugboat and the Bird, Lora Belle Baby, Peach Tree Kids, Hannah B's and children’s product stores nationwide and online at www.properlytied.com from July 2020 through August 2022 for between $19 and $38.
Importer(s): Properly Tied LLC, of Oxford, Mississippi
Manufactured In: China
Recall number: 23-106
More information and photos HERE.
Army and Air Force Trouser Contract Awarded
January 26, 2023, SNC Manufacturing LLC,** Orocovis, Puerto Rico, has been awarded a maximum $25,499,513 modification (P00015) exercising the second one-year option period of a one-year base contract (SPE1C1-21-D-1413) with four one-year option periods for various types of trousers. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. The ordering period end date is Jan. 31, 2024. Using military services are Army and Air Force. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.
*Small disadvantaged business in historically underutilized business zones
Friday, January 20, 2023
Modular Lightweight Load-carrying Equipment Rucksack Set Contract Awarded
January 20, ,2023, Federal Prison Industries,** doing business as UNICOR, Washington D.C., has been awarded a maximum $99,160,500 firm‐fixed‐price, indefinite‐delivery/indefinite‐quantity contract for the Modular Lightweight Load-carrying Equipment rucksack set. This is a three‐year contract with no option periods. Locations of performance are North Carolina and South Carolina, with a Jan. 19, 2026, ordering period end date. Using military services are Army and Air Force. Type of appropriation is fiscal 2023 through 2026 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1‐23‐D‐F004).
**Mandatory source
Thursday, January 19, 2023
Children’s Pajama Sets Recalled Due to Violation of Federal Flammability Standards and Burn Hazard; Manufactured by Selfie Craft Company
This recall involves Selfie Craft Company children’s pajamas. The pajama sets are a two-piece long-sleeve shirt and pant pajama, made of 95% polyester and 5% elasthane with ribbed cuffed wrists and ankles. The pajamas were sold for ages 3 through 12 and in 26 designs: Birthday Boy, Birthday Boy (The Tot Exclusive), Birthday Girl, Birthday Girl (The Tot Exclusive), Cutesy Christmas, Dinosaur, Easter (The Tot Exclusive), Funny Bunny, Halloween (The Tot Exclusive), Hanukkah (The Tot Exclusive), Hanukkah, Happy Holidays, Ice Kream Kitty, Kawaii, Let It Snow, Mermaid, Positivity Powers, Princess, Reindeer, Sleeping Sloth, Space Adventures, Superhero Comic, Trick Or Treat, Unicorn, Valentine’s Day and Yule-Icorn. The long-sleeve top has a black label located on the left side hem with “Selfie Craft Co,” the pajama’s size, material content, washing instructions, keep away from fire, batch number and either “Made in UK” or “Made in Bangladesh.” The pajamas were sold with seven permanent fabric pens inside a cardboard container with the label “Colour In Creative Craft Kit, Crafty Fun, British Design With Love.”
Remedy: Consumers should immediately take the recalled pajama sets away from children, stop using them and contact the Selfie Craft Company. Consumers are to destroy the recalled pajama sets by cutting them in half vertically and submitting a photo of the destroyed pajama set to Selfie Craft Company for a full refund. Selfie Craft Company is contacting all known purchasers directly.
Incidents/Injuries: None reported
Sold At: Online at www.etsy.com, www.uncommongoods.com, www.macys.com, www.selfiecraft.co.uk, www.thetot.com and boutiques nationwide from November 2017 through June 2022 for about $39.
Manufacturer(s): Last Word Apparel LTD dba Selfie Craft Company, of United Kingdom
Manufactured In: United Kingdom and Bangladesh
Recall number: 23-097
More information and photos Children’s Pajama Sets Recalled Due to Violation of Federal Flammability Standards and Burn Hazard; Manufactured by Selfie Craft Company.
Vaenait Baby Recalls Children’s Robes Due to Violation of Federal Flammability Standards and Burn Hazard
This recall involves children’s Vaenait Baby children’s robes. They are 100% polyester with a hood, two front pockets and a belt. The robes were sold in sizes for 12 months to 7 years in the following colors: Sky, Gray, Ivory, Pink and Yellow. The robe’s side seam label displays “Lot number 58644-88” and “Sep. 2018.” The robe’s neck label displays “Vaenait Baby” with the size designation.
Remedy: Consumers should immediately take the recalled robes away from children, stop using them and contact Vaenait Baby for a full refund. Consumers who purchased the robes will be asked to destroy the robes by cutting them in half and send the recalling firm a photo of the destroyed garment. Upon receipt of the photo, consumers will be issued a full refund of the purchase price. Vaenait Baby will contact all known purchasers.
Incidents/Injuries: None reported
Sold At: Lafayette Moms and Babies, Safe Splash, Chickadees Gift Boutique, Melodi's Belles and Beaus, Love From Home, Chicken Little, Dimples, So Adorable Too, Liebeskind, The Kids Company, Childrens Shoppe, SAF-T Swim New Hyde, SAF-T Swim Melville, Miller Swim School, My Little Peanut, Sara's, Lollipops Childrens Boutique, Sassy Stitch, C'est La Vie, Whimsical Alley, Lil' Sweet Pea's Boutique, Raindance, Kids Kottage Boutique, JC Kate Boutique and Totally Tanned stores nationwide from December 2019 through June 2022 for about $11.
Importer(s): Explanet Enterprise, dba Vaenait Baby, of Buena Park, California
Manufactured In: China
Recall number: 23-095
More information and photos HERE. '
Army and Air Force Trouser Contract Awarded
January 17, 2023, Federal Prison Industries Inc.,** doing business as UNICOR, Washington, D.C., has been awarded a maximum $25,215,000 modification (P00016) exercising the third one-year option period of a one-year base contract (SPE1C1-20-D-F056) with four one-year option periods for various types of trousers. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Locations of performance are Texas, Alabama and Mississippi, with a Jan. 20, 2024, ordering period end date. Using military services are Army and Air Force. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.
**Mandatory source
Monday, January 16, 2023
Navy Men's and Women's Jumper Contract Awarded
January 13, 2023, Federal Prison Industries Inc.,*** doing business as UNICOR, Washington, D.C., has been awarded a maximum $11,891,033 modification (P00012) exercising the third one-year option period of a one-year base contract (SPE1C1-20-D-F053) with four one-year option periods for men’s and women’s white jumpers. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. Location of performance is Arizona, with a Jan.17, 2024, ordering period end date. Using military service is Navy. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.
***Mandatory source
RucksacK Set Contact Awarded
January 13, 2023, Carter Enterprises LLC,** Brooklyn, New York, has been awarded a maximum $21,350,000 fixed-price, fixed-quantity contract for the Modular Lightweight Load-carrying Equipment 4000 rucksack set. This was a sole-source acquisition using justification 10 U.S. Code 2304 (c)(2), as stated in Federal Acquisition Regulation 6.302-2. This is a one-year eight-month contract with no option periods. The performance completion date is Aug. 30, 2024. Using military services are Army and Air Force. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-23-C-0009).
**Small business in historically underutilized business zones
Friday, January 13, 2023
Navy Jumper Contract Awarded
January 12, 2023, Bernard Cap LLC, Hialeah, Florida, has been awarded a maximum $9,152,179 modification (P00008) exercising the third one-year option period of a one-year base contract (SPE1C1-20-D-1218) with four one-year option periods for men’s and women’s white jumpers. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. The ordering period end date is Jan. 18, 2024. Using military service is Navy. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.
Coat and Trouser Contract Awarded
January 12, 2023, Puerto Rico Apparel Manufacturing Corp.,** Mayaguez, Puerto Rico, has been awarded a maximum $13,198,731 modification (P00043) exercising the fourth one-year option period of a one-year base contract (SPE1C1-19-D-1127) with four one-year option periods for various types of coats and trousers. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. The ordering period end date is Jan. 15, 2024. Using military services are Army and Air Force. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.
**Economically-disadvantaged women-owned small business in historically underutilized business zones
Army and Air Force Apparel Contract Awarded
January 12, 2023, Carter Enterprises, Brooklyn, New York, has been awarded a maximum $22,252,266 modification (P00009) exercising the third one-year option period of a one-year base contract (SPE1C1-20-D-1206) with three one-year option periods for coats and trousers. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. The ordering period end date is Jan. 15, 2024. Using military services are Army and Air Force. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.
Army Trouser Contract Awarded
January 10, 2023, Winston-Salem Industries for the Blind Inc.,** Salem, North Carolina, has been awarded a maximum $7,587,915 modification (P00006) exercising the second one-year option period of a one-year base contract (SPE1C1-21-D-B103) with two one-year option periods for flame retardant environmental ensemble/enhanced weather outer layer parkas. This is a firm-fixed-price, indefinite-delivery/indefinite-quantity contract. The ordering period end date is Jan. 12, 2024. Using military service is Army. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.
**Mandatory source
Flame Retardant Trouser Contract Awarded
January 10, 2023, San Antonio Lighthouse for the Blind,** San Antonio, Texas, has been awarded a maximum $8,800,260 modification (P00004) exercising the second one‐year option period of a one‐year base contract (SPE1C1‐21‐D‐B101) with two one‐year option periods for flame retardant environmental ensemble/enhanced weather outer layer trousers. This is a firm‐fixed‐price, indefinite‐delivery/indefinite‐quantity contract. The ordering period end date is Jan. 12, 2024. Using military services are Army and Air Force. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania.
**Mandatory source
Friday, January 6, 2023
Navy Coat and Trouser Contract Awarded
January 6, 2023, Kandor Manufacturing Inc.,** Arecibo, Puerto Rico, has been awarded a maximum $23,095,200 firm-fixed-price, indefinite-delivery/indefinite-quantity contract for coats and trousers. This was a competitive acquisition with six responses received. This is a one-year base contract with four one-year option periods. The ordering period end date is Jan. 5, 2024. Using military service is the Navy. Type of appropriation is fiscal 2023 through 2024 defense working capital funds. The contracting activity is the Defense Logistics Agency Troop Support, Philadelphia, Pennsylvania (SPE1C1-23-D-0008).
**Small-disadvantaged business in historically underutilized business zones
Thursday, January 5, 2023
P.J. Salvage Recalls Children’s Pajamas Due to Burn Hazard
This recall involves children’s 65% polyester and 35% rayon, two-piece long-sleeve shirt and pant pajama sets. The pajama sets were sold in sizes x-small, small, medium, large and x-large in the following colors and print patterns: camo print in olive, tie dye in black, and striped in light blue and charcoal.
"P.J. Salvage," "Made in China," and the size are printed on a black sewn-in fabric label at the neck of the recalled garments. The size, "Not Intended for Sleepwear," "RN 15741," the fiber content, "Made in China," and washing instructions are printed on a white sewn-in, side-seam label. Tracking code "09/2021 T2022" is printed on a second white sewn-in, side seam label underneath the washing instructions label.
Consumers should immediately take the recalled pajamas away from children, stop using them and contact P.J. Salvage for instructions on how to receive a pre-paid mailer and return the pajamas for a full refund. Consumers who purchased the pajamas directly from P.J. Salvage will be contacted via email and/or postage mail.
Incidents/Injuries: None reported
Sold At: Online at https://www.pjsalvage.com/, www.amazon.com, www.zappos.com and at Animal Crackers, Auntie Barbara’s, Bumps N Bundles, Down to Earth Kids, Everafter, Gold Coast Kids, Jami Lyn, Midland Clothing, Millstead Boutique, Rhinestone Cowgirl, Rocky Mountain Day Spa, Simply Authentic LLC, Stoopher & Boots, Sweats Appeal, T Georgiano’s Boutique, Tack of the Town, and at Twinkle Twinkle Little One stores nationwide from December 2021 through December 2022 for about $56.
Importer(s): P.J. Salvage, of Irvine, California
Manufactured In: China
Recall number: 23-085
More information and photos HERE
OTEXA to Attend Outdoor Retailer Snow Show
On January 10-12, U.S. Department of Commerce Office of Textiles and Apparel staff will manage a booth at the Outdoor Retailer Snow Show in Salt Lake City, Utah. Outdoor Retailer is the world’s leading business-to-business outdoor sports show where industry brands and suppliers gather to showcase the largest collection of innovative and unique gear, apparel, hard goods, footwear, and accessories. OTEXA staff will attend the show to meet with new clients to discuss export services, business-to-business matchmaking, and the Made in USA Sourcing and Product Directory. Come find them at Booth 3037.
Wednesday, January 4, 2023
International Trade Group Files False Advertising Lawsuit Against Etsy
Cashmere & Camel Hair Manufacturers Institute alleges that Garments Are Falsely Advertised as “Cashmere” and “100% Cashmere”
BOSTON, MASSACHUSETTS, January 2, 2023 – The Cashmere and Camel Hair Manufacturers Institute (“CCMI”), a U.S.-based international trade group whose members include some of the world’s largest Cashmere fabric and garment manufacturers, has filed a lawsuit against Etsy, Inc. (Nasdaq: ETSY) in the U.S. District Court for the District of Massachusetts seeking to stop the widespread marketing and sale, both in the U.S. and internationally, of garments that CCMI alleges are being falsely advertised and misrepresented as “100% Cashmere” or “Cashmere” when they are actually either 100% acrylic, a much less expensive, petroleum-based, and more flammable fiber, or are a blend of cheaper synthetic or man-made materials such polyester, nylon, or rayon, and minor percentages of wool.
“CCMI’s position is that a consumer has the right to expect that garments advertised on Etsy as “100% Cashmere” or “Cashmere” will not be materially misrepresented in this way, said Fabio Garzena, President of CCMI, “and when it occurs, CCMI and its members, who make some of the finest Cashmere products in the world, suffer real economic harm. Karl Spilhaus, President Emeritus of CCMI, added that “for more than 35 years, CCMI has been fighting to protect the good name and reputation of Cashmere as a fine specialty fiber; this Etsy case is another chapter in that story.
The Complaint in the action, in which CCMI is represented by Robert J. Kaler, Esq. of the international law firm Holland & Knight, LLP, is available at www.cashmere.org, and details CCMI’s efforts to uncover and challenge the alleged false and deceptive advertising under the applicable U.S. federal and state laws. The name of the case is CCMI v. Etsy, Inc., Civil Action No. 1:22-cv-12242 (D. Mass.).
For further information contact: James Coleman, CCMI USA Representative, at jcoleman@cashmere.org.
Request for Comments and Notice of a Public Hearing Regarding the 2023 Special 301 Review
On December 15, 2022, the Office of the U.S. Trade Representative published in the Federal Register (87 FR 76660) Request for Comments and Notice of a Public Hearing Regarding the 2023 Special 301 Review.
Each year, the Office of the United States Trade Representative (USTR) conducts a review to identify countries that deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to U.S. persons who rely on IP protection. Based on this review, the U.S. Trade Representative determines which, if any, of these countries to identify as Priority Foreign Countries. USTR requests written comments that identify acts, policies, or practices that may form the basis of a country’s identification as a Priority Foreign Country or placement on the Priority Watch List or Watch List.
Tuesday, January 3, 2023
Certain Superabsorbent Polymers From the Republic of Korea: Antidumping Duty Order
On December 20, 2022, the International Trade Administration published in the Federal Register (87 FR 77794) Certain Superabsorbent Polymers From the Republic of Korea: Antidumping Duty Order
USITC Report on Haiti Preference Programs
On December 23, 2022, the U.S. International Trade Commission released U.S.-Haiti Trade: Impact of U.S. Preference Programs on Haiti’s Economy and Workers.
This report provides information and analysis on the Haitian economy, U.S. preference programs that benefit Haiti, and the impacts of these preference programs on the Haitian economy and workers. The United States is Haiti’s largest trading partner, with Haitian exports to the United States comprising more than 80 percent of Haiti’s total exports in recent years. The Haiti-eligible U.S. preference programs have played an important role in the trade relationship between the two countries and the development of Haiti’s apparel sector. They also help Haiti’s apparel sector continue to attract investment despite a difficult political, social, and environmental landscape.
Haiti Broker Instructions
COMMODITY:
Apparel as provided for in Chapter 98, Subchapter XX of the Harmonized Tariff Schedule (HTS)
QUOTA PERIOD:
December 20, 2022, through December 19, 2023
OPENING DATE:
Tuesday, December 20, 2022
RESTRAINT LEVEL:
412,506,163 Square Meter Equivalents Value added restraint limit (see TBT 07-006)
|
First Tariff Field |
Second Tariff Field |
|---|---|
|
9820.61.25 (Entry-specific claims), or |
Chapters 61 and 62 |
|
9820.61.30 (Aggregated claims), or |
Headings 6501, 6502, 6503 and 6504, Subheadings 6406.99.15 and 6505.90 |
REPORTING INSTRUCTIONS:
Use entry type code 02, 06, 07, 12, 23, 32, 38, or 52.
Report in units of measure as shown in the Harmonized Tariff Schedule. Conversion to square meter equivalency will be done by the computer.
Merchandise shall be reported and released via ACE.
SPECIAL INSTRUCTIONS:
Whenever goods are classified under provision 9820.61.25 or 9820.61.30 as ensembles in combination with a designated ensemble provision in chapter 61 or 62, the reporting number shall be for the specific component apparel article in the ensemble and not the ensemble number. Each specific apparel article in the ensemble must be identified separately with both 9820.61.25 or 9820.61.30 and a corresponding chapter 61 or 62 provision.
Once the in-quota allocation is filled, goods will be allowed to enter at normal trade relations rate or general rate of duty as noted in the HTS at the appropriate entry type.
Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE)
On December 27, 2022, the U.S. Department of Commerce published in the Federal Register (87 FR 79279) the 12-Month Cap on Duty-Free Benefits for the one-year period beginning on December 20, 2022, of 412,506,163 square meters equivalent.
SUMMARY: CBERA, as amended, provides duty-free treatment for certain apparel articles imported directly from Haiti. One of the preferences is known as the ``value-added'' provision, which requires that apparel meet a minimum threshold percentage of value added in Haiti, the United States, and/or certain beneficiary countries. The provision is subject to a quantitativ elimitation, which is calculated as a percentage of total apparel imports into the United States for each 12-month period. For the period from December 20, 2022 through December 19, 2023, the quantity of imports eligible for preferential treatment under the value-added provision is 412,506,163 square meters equivalent.
DATES: The new limitations become applicable December 20, 2022.
Termination of Burkina Faso Designation as a Beneficiary Sub-Saharan African Country to the African Growth & Opportunity Act (AGOA), Effective January 1, 2023
The U.S. government has annouced the termination of Burkina Faso as a beneficiary sub-Saharan African country to the AGOA, effective January 1, 2023, per Presidential Proclamation dated December 23, 2022
The AGOA waives duties on approximately 5,351 eligible tariff numbers for commodities from designated sub-Saharan AGOA beneficiary countries so long as those countries meet AGOA eligibility requirements including progress toward a free market economy, pluralism, due process under the law and other hallmarks of a democratic society.
Effective January 1, 2023, entries filed for commodities with country of origin of Burkina Faso (BF) and claiming AGOA (SPI D) duty free exemption will be denied. This includes goods withdrawn from a warehouse on or after January 1, 2023.
This termination also applies to textile and apparel goods as BF is also eligible to export certain textile and apparel goods that shall be treated as “handloomed and handmade articles” and qualify for preferential tariff treatment under section 112(a) of AGOA (Title I of the Trade and Development Act of 2000, Pub. L. No. 106-200), as amended.
Therefore, the following Harmonized Tariff Schedule of the United States provisional numbers will no longer be available for use for any textile or apparel imports from BF:
9802.00.8042; 9819.11.03; 9819.11.06 and 9819.11.30; 9819.11.09; 9819.11.12; 9819.11.15; 9819.11.18; 9819.11.21 or 9819.11.24 (Short Supply); 9819.11.27 (Folklore); or 9819.11.33 (Made-up goods).
In addition, all Post Summary Corrections (PSC) and 19 USC 1514 Protest of entries with country-of-origin BF requesting the AGOA (D) duty exemption must have entry date no later than December 31, 2022, to receive AGOA duty-free benefit and beginning January 1, 2023, PSC entries with country-of-origin BF claiming AGOA (D) duty exemption shall be rejected.
AGOA Limits Amendment
Qualifying goods from designated sub-Saharan African countries that have satisfied the requirements under the provisions of AGOA.
QUOTA PERIOD:
October 1, 2022 through September 30, 2023.
OPENING DATE:
Monday, October 3, 2022.
RESTRAINT LEVEL:
Aggregate 2,353,677,080 square meter equivalents for AGOA claims. Of this aggregate amount, 1,176,838,540 square meter equivalents is available to apparel imported under the special rule for lesser developed countries (Grouping 5)
| First Tariff Field | Second Tariff Field |
|---|---|
| 9819.11.09 |
Chapters 61 and 62, or headings 6501, 6502, 6503,and 6504, or subheadings 6406.99.15 and 6505.90 |
| 9819.11.12 |
Chapters 61 and 62, or headings 6501, 6502, 6503, and 6504, or subheadings 6406.99.15 and 6505.90 |
REPORTING INSTRUCTIONS:
Process via ACE, use entry type code 02, 06, 07, 12, 23, 32, 38, or 52.
Report in unit of measure (UOM) quantity corresponding with the specific HTSUS chapter 61 and 62 numbers, headings 6501, 6502, 6503, and 6504, and subheadings 6406.99.15 and 6505.90 under which the apparel articles are classified.
SPECIAL INSTRUCTIONS:
Textile and apparel articles exported from designated sub-Saharan African countries, that have satisfied the requirements under the Act, for which preferential tariff treatment under the AGOA is claimed, requires that the AGOA visa number is transmitted and upon request submitted via the Document Imaging System (DIS).
The visa grouping for 9819.11.09 is 4. Therefore, the first data field of the visa must be 4 when AGOA preferential tariff treatment is claimed under 9819.11.09. The following sub-Saharan African countries have satisfied the requirements under the Act and qualify for benefits under Grouping 4:
- Benín
- Botswana
- Burkina Faso*
- Cape Verde
- Chad
- Coted’Ivoire
- Eswatini
- Ghana
- Kenya
- Lesotho
- Liberia
- Madagascar
- Mauritius
- Mozambique
- Namibia
- Nigeria
- Senegal
- Sierra Leone
- South Africa
- Tanzania
- Togo
- Uganda
- Zambia
The visa grouping for 9819.11.12 is 5. Therefore, the first data field of the visa must be 5 when AGOA preferential tariff treatment is claimed under 9819.11.12. The following sub-Saharan African countries have satisfied the requirements under the Act and qualify for benefits under Grouping 5:
- Benin
- Botswana
- Burkina Faso*
- Cape Verde
- Chad
- Cote d’Ivoire
- Eswatini
- Ghana
- Kenya
- Lesotho
- Liberia
- Madagascar
- Mauritius
- Mozambique
- Namibia
- Nigeria
- Senegal
- Sierra Leone
- Tanzania
- Togo
- Uganda
- Zambia
*Effective January 1, 2023, this country is no longer part of the AGOA Trade Agreement
Textile and apparel exported from designated sub-Saharan African countries for which preferential tariff treatment under the AGOA is NOT claimed is subject to the Normal Trade Relations (NTR) rate, formerly Most Favored Nations Rate (MFN). Under these circumstances ONLY the appropriate HTSUS chapter 1-97 number is to be provided in the first tariff field.
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