July 28, 2005

> CMP-11 FO:TCF:TEO:TO SST

MEMORANDUM FOR: DIRECTORS, FIELD OPERATIONS

FROM: Acting Executive Director, Trade Compliance and Facilitation

> Office of Field Operations

SUBJECT: TBT-05-021 Hand-loomed Fabric, Hand-loomed Articles and
Handmade Articles from Hand-loomed Fabric, Certain Folklore Articles,
and Certain Ethnic Printed Fabrics, Produced in Nigeria, Eligible for
Preferential Tariff Treatment under the African Growth and Opportunity
Act (AGOA)

REFERENCE: TBT-01-008 AGOA Implementation Instructions

> TBT-04-023 Nigeria Visa Arrangement

BACKGROUND:

The Trade and Development Act of 2000 ("the Act"), which was signed into
law on

May 18, 2000, authorized a new trade and investment policy for
sub-Saharan Africa. The Act provides for duty-free treatment for imports
of certain textile and apparel products of beneficiary sub-Saharan
African countries, including hand-loomed, handmade, or folklore articles
that are certified as such by competent authorities of the beneficiary
country. Executive Order 13191 dated January 17, 2001 authorized the
Committee for the Implementation of Textile Agreements (CITA) to consult
with beneficiary countries and to determine which particular textile and
apparel goods shall be treated as hand-loomed, handmade, or folklore
articles. The AGOA Acceleration Act of 2004, which was signed into law
on July 13, 2004, authorized amendments to the AGOA, including a
provision for ethnic printed fabrics that are certified as such by
competent authorities of the beneficiary country. Presidential
Proclamation 7912 of June 25, 2005, authorized CITA to consult with
beneficiary countries and to determine which particular textiles shall
be treated as ethnic printed fabrics.

Per a January 25, 2001 [Federal Register]{.underline} Notice (66 FR
7837), the President delegated the Office of the United States Trade
Representative (USTR) the authority to direct Customs to ensure that
textile and apparel articles described in Section 112 of the Act are
entered, or withdrawn from warehouse, for consumption accompanied by an
appropriate export visa when preferential tariff treatment is claimed
with respect to such articles. Grouping 9 of this visa arrangement is
for handmade, hand-loomed, or folklore articles and ethnic printed
fabrics. Please note that the quantity shown on the visa for grouping 9
will be the normal reporting quantity for the type of imported
merchandise. For example, if rugs or hand-loomed fabric are imported,
the reported quantity will be in square meters; if bedspreads, towels or
other household furnishings are imported, the reported quantity will be
in kilos; and if it is wearing apparel, it will be reported as in
groupings 1 to 8.

CITA has consulted with the Nigerian authorities. In a July 27, 2005
[Federal Register]{.underline} Notice (70 FR 43397)**,** CITA has
determined that hand-loomed fabrics, hand-loomed articles (e.g.,
hand-loomed rugs, scarves, place mats, and tablecloths), handmade
articles made from hand-loomed fabrics, certain folklore articles, and
certain ethnic printed fabrics produced in and exported from Nigeria are
eligible for preferential tariff treatment under section 112(a) of the
AGOA if accompanied by an AGOA export visa for Grouping 9 issued by the
Government of Nigeria. An AGOA claim may be filed for such articles
under Harmonized Tariff Schedule (HTS) provision 9819.11.27 when
accompanied by an appropriate export visa.

CITA has determined that the following textile and apparel goods shall
be treated as folklore articles for purposes of the AGOA if made in
Nigeria. Articles must be ornamented in characteristic Nigerian or
regional folk style. An article may not include modern features such as
zippers, elastic, elasticized fabrics, snaps, or hook-and-pile fasteners
(such as velcro© or similar holding fabric). An article may not
incorporate patterns that are not traditional or historical to Nigeria,
such as airplanes, buses, cowboys, or cartoon characters and may not
incorporate designs referencing holidays or festivals not common to
traditional Nigerian culture, such as Halloween and Thanksgiving.

**Eligible folklore articles:**

a)  ***Kaftan:*** This loose fitting two-piece set contains an ankle
    length pullover outer tunic and matching trousers. The outer tunic
    has long sleeves, pockets along the side seam, and side vents at the
    bottom. It has a round neckline with a slit down the center front.
    If embroidered, it is along the neckline and sleeves. The trousers
    are secured at the waist by a drawstring and may be baggy with
    extra-fullness at the thighs and may contain side seam pockets. This
    garment can be made from fabric of any weight.

b)  ***Senegalese:*** This loose fitting two-piece set contains an ankle
    length pullover outer tunic garment and matching trousers. The outer
    tunic has long sleeves, pockets along the side seam, and side vents
    at the bottom. It usually has a round neckline with a slit down the
    center front, although necklines may vary and may be embroidered. If
    embroidered, it is usually along the neckline, front opening and
    sleeves. The trousers are secured at the waist by a drawstring and
    may be baggy with extra-fullness at the thighs and may contain side
    seam pockets. The garment is usually made from dyed material or
    guinea brocade.

c)  ***Buba and Sokoto:*** This loose fitting, two-piece set contains a
    pullover upper garment and matching trousers. The three-quarter
    length upper garment has sleeves extending just below the elbow,
    side vents at the bottom, and may have patch pockets. It has a round
    neckline with a slit down the center front. The ***Buba*** is
    usually undecorated, but if embroidered, it is usually along the
    back shoulder and front chest. It has a round, slotted neckline. The
    ***Sokoto*** are trousers that are secured at the waist by a
    drawstring and may be baggy with extra-fullness at the thighs and
    may contain side seam pockets. This garment can be made from fabric
    of any weight.

d)  ***Kenbe:*** This loose fitting, two-piece set contains a pullover
    upper garment and matching trousers. The three-quarter length upper
    garment has half or three-quarter length sleeves, with side vents at
    the bottom. The trousers are three-quarter length and are secured at
    the waist by a drawstring.

e)  ***Dansiki:*** This loose fitting two-piece set contains a pullover
    upper garment and matching trousers. The three-quarter length upper
    garment is sleeveless, or has short sleeves, and may have patch
    pockets. Its round neckline may be intricately embroidered. The
    trousers are secured at the waist by a drawstring and may be baggy
    with extra-fullness at the thighs and may contain side seam pockets.
    The garment is frequently made from dyed materials or African
    prints.

f)  ***Gbariye:*** This two-piece, heavily embroidered, three-quarter
    length ceremonial set contains a pullover upper garment and matching
    trousers, made of heavy handloomed fabric. The cap sleeved upper
    garment is heavily embroidered and darted or pleated (i.e. sewn in
    the form of a pyramid that is wider at the bottom than at the
    shoulder). This enables the upper garment spin freely during dance
    ceremonies. The trousers are secured at the waist by a drawstring
    and may be baggy with extra-fullness at the thighs and may contain
    side seam pockets. The set may be heavily embroidered, usually along
    the neck, chest and ankle.

g)  ***Isiagu or Chieftaincy:*** This one-piece pullover, three-quarter
    length garment, worn for special occasions, may have short or long
    sleeves and may come with golden buttons linked together by a chain
    that adorn the slotted neck opening. The garment contains pleats or
    darts on the front, below the shoulder, and has a front patch
    pocket.

h)  ***Agbada:*** This is a three-piece set includes the "***Agbada"***
    "***Buba***", and "***Sokoto"***. The ***Agbada*** is an oversized
    outer pullover garment and is usually loose flowing, extending to
    below the knee or ankle. The embroidery work is on both the back and
    front sides. The side seams open from the shoulder to bottom hem.
    The "***Buba***", the inner, pullover garment may have varying
    length sleeves. The slotted neck may have buttons. The ***Sokoto***
    are trousers secured at the waist by a drawstring and may be baggy
    with extra-fullness at the thighs and may contain side seam pockets.
    The set may or may not be embroidered.

i)  ***Booboo:*** This is a woman's pullover garment that is designed as
    a loose flowing gown. The full-length garment is sleeveless or has
    short sleeves and has side vents at the bottom. The garment has
    oversized armholes and no means of closure at the neck. If
    embroidered, it is usually along the neck and shoulders. May come
    with a length of fabric used as a matching head wrap.

j)  ***Buba and Iro:*** This is a two-piece set. The ***Buba*** is a
    short-sleeved pullover, T-shaped garment reaching the waist and is
    open at the neck. The ***Iro*** is a rectangular piece of fabric
    that is wrapped around the waist, tucked or tied to secure in place.

k)  ***Yar Jos:*** This two-piece set of lightweight fabric contains a
    three-quarter-length sleeveless pullover upper garment and matching
    trousers. The sides of the pullover are open from the shoulder to
    mid-trunk, and have pockets on each side under the arm opening. It
    has a round neckline with a slit down the center front. The trousers
    are secured at the waist by a drawstring and may be baggy with
    extra-fullness at the thighs and may or may not have pockets.

l)  ***Baban Riga:*** This loose, three-piece set contains an oversized,
    three-quarter length pullover outer garment that is open from the
    shoulder down the side to the bottom edge of the garment, inner
    tunic and matching trousers. The three-quarter length inner tunic
    has long or short sleeves and has side vents at the bottom. The
    trousers are secured at the waist by a drawstring and may be baggy
    with extra-fullness at the thighs and may contain side seam pockets.
    This garment may or may not be heavily embroidered.

m)  ***Jamfa:*** This two-piece simple wear contains a
    three-quarter-length pullover upper garment and matching trousers.
    The upper garment is sewn with long or short sleeves and has side
    vents at the bottom. It has a round neckline with a slit down the
    center front. The trousers are secured at the waist by a drawstring
    and may be baggy with extra-fullness at the thighs and may contain
    side seam pockets.

n)  ***Yarshara:*** This two-piece set of lightweight fabric contains a
    three-quarter-length sleeveless pullover upper garment and matching
    trousers. The sides of the pullover are open from the shoulder to
    mid-trunk, and have pockets on each side under the arm opening. It
    has a round neckline with a slit down the center front. The trousers
    are secured at the waist by a drawstring and may be baggy with
    extra-fullness at the thighs and may contain side seam pockets.

o)  ***Dandogo:*** This heavily embroidered three-piece set, made from
    heavy weight fabric, is worn during special ceremonies and depicts
    the richness in traditional folklore. It is made from strips of hand
    loomed fabric that are sewn together. The oversized three-quarter to
    full-length outer pullover garment contains a V neckline with very
    large arm openings. The sleeve openings are almost the full length
    of the garment. The sleeveless three-quarter length underneath
    pullover garment is wider at the base than the shoulder. It has a
    round neckline with a slit down the center front. The trousers are
    secured at the waist by a drawstring and may be baggy with
    extra-fullness at the thighs and may have side seam pockets.

p)  ***Abaya:*** This three-piece set contains an outer fully open
    robe-styled piece, a three-quarter-length inner pullover upper
    garment, and matching trousers. The long, almost full-length,
    oversized, outer garment contains a yarn-tassel closure, short
    sleeves and is heavily embroidered along the front opening and
    sleeve caps. The ankle length inner pullover piece has a round
    neckline with a slit down the center front, has long sleeves, side
    seam pockets side, vents at the bottom, and is heavily embroidered
    around the neckline and sleeve cuffs. The trousers are secured at
    the waist by a drawstring and may be baggy with extra-fullness at
    the thighs and may contain side seam pockets and are embroidered at
    the bottom.

q)  ***Kaftan Falmara:*** This loose fitting ceremonial two-piece set
    contains an ankle length pullover outer garment and matching
    trousers. The outer garment has long sleeves, pockets along the side
    seam, and side vents at the bottom. It has a round neckline with a
    slit down the center front. If embroidered, it is usually along the
    neckline and sleeve cuffs. The garment is similar to a ***Kaftan***,
    except the ***Kaftan Falmara*** has panels resembling a vest, or
    waistcoat, sewn into the front. The trousers are secured at the
    waist by a drawstring and may be baggy with extra-fullness at the
    thighs and may contain side seam pockets.

r)  ***Zabuni:*** Originally from the northern part of Nigeria, this
    two-piece set contains a long-sleeved jacket-like upper garment and
    matching trousers. More tailored that other folklore articles, the
    coat styled garment may be fully lined, with patch pocket(s) on the
    inside. It is heavily decorated with a cord-like appliqué which is
    hand-sewn on solid colored material around the round neckline, front
    opening placket, back, sleeves at the cuff, and trousers at the hem.
    The pocket-less trousers are secured at the waist by a drawstring,
    and have side vents at the cuff.

s)  ***Kufta:*** This lightweight and loose fitting two-piece set
    contains an ankle length pullover garment and matching trousers. The
    pullover garment has long sleeves, pockets along the side seam, and
    side vents at the bottom. It has a round neckline with a slit down
    the center front. It has long triangular shaped panels under each
    arm. If embroidered, it is usually along the neck, front opening
    placket and sleeves. The trousers are secured at the waist by a
    drawstring and may be baggy with extra-fullness at the thighs and
    may contain side seam pockets.

t)  ***Falmara:*** This garment is similar in shape to a vest or
    waistcoat, with embroidery around the round neck continuing down the
    opening. The sleeveless garment may be fully lined with patch
    pocket(s) on the inside. It could be worn over any long sleeve shirt
    or top, but usually, it is worn over a ***Kaftan***.

# Eligible Ethnic Printed Fabrics:

Each ethnic-printed fabric must meet [all]{.underline} of the criteria
listed below:

A)  selvedge on both edges

B)  width of less than 50 inches

C)  classifiable under subheading 5208.52.30 (printed plain weave
    fabrics of cotton, 85% or more by cotton by weight, weighing over
    100g/m2 but not more than 200 g/m2, of yarn number 42 or lower) or
    5208.32.40 (printed plain weave fabrics of cotton, 85% or more
    cotton by weight, weighing over 100g/m2 but not more than 200g/m2,
    of yarn numbers 43-68) of the HTS

D)  contains designs, symbols, and other characteristics of African
    prints normally produced for and sold in Africa by the piece (6 or
    12 yard fixed lengths or by the piece or in roll or bolt form)

E)  generally designed with colorful, repeating patterns and motifs
    described in "D"

F)  penetration of dye prints both sides of the fabric creating a
    "duplex effect" such that both the face and the back of the fabric
    appear the same

G)  made from fabric woven in the U.S. using U.S. yarn or woven in one
    or more eligible sub-Saharan beneficiary countries using U.S or
    African yarn

H)  printed, including waxed in one or more eligible sub-Saharan
    beneficiary countries

I)  inscription of the design number and manufacturer's brand name
    and/or logo on the selvedge edge of the companies listed in the "J"

J)  must be manufactured by one of the companies in the list below in "i
    through xi":

    i.  African Textile Manufacturers Ltd

    ii. Angel Spinning & Dyeing Ltd

    iii. Bhojraj Industries PLC

    iv. Dangote General Textile Products, Ltd

    v.  General Cotton Mills Ltd

    vi. Gaskiya Textile Mills PLC

    vii. Holborn Nigeria Ltd

    viii. Hong Kong Synthetic Fibre Co. Nig Ltd

    ix. Reliance Textile Industries Ltd

    x.  Sunflag Nig Ltd

    xi. United Nigerian Textiles PLC

ACTION:

Effective August 1, 2005, hand-loomed fabrics, hand-loomed articles,
handmade articles made from hand-loomed fabrics, certain folklore
articles, and certain ethnic printed fabrics produced in and exported
from Nigeria are eligible for preferential tariff treatment if
accompanied by an AGOA export visa for Grouping 9 issued by the
Government of Nigeria and classified under 9819.11.27 of the HTS.

Please pass this memorandum to Port Directors, Assistant Port Directors,
Import Specialists, CBP Officers, Entry Specialists, Brokers, Importers
and other interested parties.

INFORMATION:

For additional information, please contact Ms. Susan Thomas, at (202)
344-3719,

Ms. Jacqueline Sprungle, at (202) 344-2277 or Mr. Robert Abels, at (202)
344-1959.

/s/

Lawrence J. Rosenzweig