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Clarification on Making AGOA Claims During GSP Lapse

Monday, November 24, 2014
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection issued Nov. 18 a notice clarifying that Generalized System of Preferences-eligible imports from African Growth and Opportunity Act-eligible countries continue to benefit from GSP even during the present lapse in that program. While GSP expired July 31, 2013, AGOA remains in effect through Sept. 30, 2015.

CBP states that in the Harmonized Tariff Schedule of the United States the overwhelming majority of AGOA-eligible tariff items indicate one of three GSP special program indicators –  “A,” “A*” or “A+” – and not the AGOA SPI “D.” To receive AGOA preference for eligible goods on a tariff item with one of these SPIs in the “Special” column of the HTSUS (and no “D”), importers must transmit the entry summary with the SPI “A” and without duty. To receive AGOA preference for eligible goods on a tariff item with SPI “D” in the “Special” column, importers should continue to transmit the entry summary with SPI “D” and without duty.

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