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Final AGOA Regulations Include Some Changes

Tuesday, May 27, 2014
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has adopted as final, with some changes, interim regulations published in October 2000 to implement the African Growth and Opportunity Act. This final rule, which will be effective as of June 26, includes specific documentary, procedural and other related requirements that must be met in order to obtain preferential treatment under AGOA.

CBP states that the regulatory amendments in this final rule reflect and clarify the statutory standards for AGOA, as amended by section 3108 of the Trade Act of 2002 (concerning textile and apparel articles), and include changes necessitated by passage of the AGOA Acceleration Act of 2004 (liberalizing the 35% value-content rule and making other changes concerning textiles and apparel) and the Africa Investment Incentive Act of 2006 (extending the third-country fabric rule and expanding AGOA treatment to an additional category of textiles and apparel).

This rule also finalizes interim amendments made to the regulations implementing the Generalized System of Preferences to conform them to previous statutory amendments or other changes involving GSP. Finally, this rule adopts as final other amendments to the AGOA implementing regulations made in 2003 to clarify several issues that arose after their original publication and to reflect several statutory changes concerning textiles and apparel.

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