Tuesday, January 3, 2023

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 This includes goods withdrawn from a warehouse on or after January 1, 2023.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.

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