Cargo Systems Messaging Service
CSMS # 59131379 - INFORMATION: Changes to AGOA Benefits for Mauritania, Central African Republic, Gabon, Niger, and Uganda; Extension of Duty-Free Benefits for Agriculture Imports from Israel
This message is to inform the trade community of the following modifications pursuant to Presidential Proclamation 10692 (PP 10692) issued on December 29, 2023, and published in the Federal Register (89 FRN 437) on January 4, 2024.
The modifications are effective January 1, 2024, 12:01 a.m. ET and include:
- The reinstatement of the Islamic Republic of Mauritania (Mauritania) as an African Growth Opportunity Act (AGOA) beneficiary country and designation as a lesser developed beneficiary sub-Saharan African country (LDBC),
- The termination of AGOA benefits and LDBC designations for four sub-Saharan African countries: Central African Republic, the Gabonese Republic (Gabon), Republic of Niger (Niger), and the Republic of Uganda (Uganda).
- The extension of the United States-Israel Free Trade Agreement on certain agricultural products.
The African Growth Opportunity Act
The AGOA allows for duty-free benefits on approximately 5,351 eligible tariff items for commodities from designated sub-Saharan African countries as 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.
Islamic Republic of Mauritania
Effective January 1, 2024, the Islamic Republic of Mauritania (Mauritania) is reinstated and designated as a LDBC under section 112(c) of the AGOA. To reflect this designation in the Harmonized Tariff Schedule of the United States (HTSUS), general note 16(a) and note 2(d) to subchapter XIX of chapter 98 are modified to include Mauritania on the list of AGOA beneficiary countries and as a qualifying LDBC.
Goods imported from Mauritania entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2024, 12:01 a.m. ET are eligible to claim preferential tariff treatment under AGOA, by placing the Special Program Indicator (SPI) ‘D’ before the eligible tariff number. The goods must meet all applicable AGOA requirements.
Central African Republic, Gabon, Niger, and Uganda
Effective January 1, 2024, goods imported from the Central African Republic, Gabon, Niger, and Uganda entered for consumption or withdrawn from warehouse for consumption are not eligible for preferential benefits under AGOA, Special Program Indicator (SPI) “D”.
The HTSUS, general note 16(a) and note 7(a) to subchapter II and note1 and note 2(d) to subchapter XIX of chapter 98 are modified to remove the mentioned four countries from the list of AGOA beneficiary countries and as qualifying LDBCs.
Post Summary Correction (PSC) and Protest (19 USC 1514)
Effective January 1, 2024, the post summary corrections (PSC) and 19 USC 1514 protest of entries with country of origin for the Central African Republic, Gabon, Niger, and Uganda claiming the AGOA SPI “D” duty exemption must have entry date no later than December 31, 2023, to receive AGOA duty-free benefits. Otherwise, the AGOA duty-free benefit shall be denied.
United States-Israel Free Trade Agreement
Presidential Proclamation 10692 extends the United States-Israel Free Trade Agreement benefits on eligible agricultural goods imported from Israel (as identified in Annex I of 89 FRN 437) effective January 1, 2024, 12:01 a.m. ET through December 31, 2024.
Reference Documents:
The Presidential Proclamation 10692 published on December 29, 2023:
https://www.whitehouse.gov/briefing-room/presidential-actions/2023/12/29/a-proclamation-to-take-certain-actions-under-the-african-growth-and-opportunity-act-and-for-other-purposes-2/
Federal Register Note – 89 FRN 437 published on January 4, 2024:
https://www.federalregister.gov/documents/2024/01/04/2024-00051/to-take-certain-actions-under-the-african-growth-and-opportunity-act-and-for-other-purposes
For more information on the AGOA:
https://ustr.gov/issue-areas/trade-development/preference-programs/african-growth-and-opportunity-act-agoa.
For more information on Trade in agriculture products of Israel:
https://ustr.gov/trade-agreements/free-trade-agreements/israel-fta
Questions regarding this notice may be directed to the Trade Agreement Branch at FTA@cbp.dhs.gov.
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