December 28, 2006

> CMP-11 OT:TPP:TE SST

MEMORANDUM FOR: DIRECTORS, FIELD OPERATIONS

OFFICE OF FIELD OPERATIONS

FROM: Acting Executive Director, Trade Policy and Programs

> Office of International Trade

SUBJECT: TBT-06-025 Hand-loomed Fabric, Hand-loomed Articles and
Handmade Articles from Hand-loomed Fabric, Certain Folklore Articles and
Certain Ethnic Printed Fabrics Produced in Niger Eligible For
Preferential Tariff Treatment Under the African Growth and Opportunity
Act (AGOA)

REFERENCE: TBT-01-008 AGOA Implementation Instructions

> TBT-03-039 Niger 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 CBP to ensure that textile
and apparel articles described in Section 112 of the Act that are
entered, or withdrawn from warehouse, for consumption are accompanied by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 Nigerien authorities. In a December 26, 2006
[Federal Register]{.underline} Notice (71 FR 77388), CITA has determined
that certain folklore articles and ethnic printed fabrics, listed below,
handloomed fabrics, handloomed articles (e.g., handloomed rugs, scarves,
place mats, and tablecloths) and handmade articles made from handloomed
fabrics produced in and exported from Niger 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 Niger. 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 such goods
are made in Niger. Articles must be ornamented in characteristic
Nigerien 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 Niger, such as airplanes,

buses, cowboys, or cartoon characters and may not incorporate designs
referencing holidays or festivals not common to traditional Nigerien
culture, such as Halloween and Thanksgiving.

Eligible folklore articles:

\(a\) Tera-Tera Blanket/Tapestry: Strips of handloomed fabric, usually 4
1/2 inches wide, hand or machine sewn together to make a larger piece of
fabric, dyed with natural dyes and striped. Uses include blankets,
bedspreads, and interior decoration accessories. They are used in
traditional marriage ceremonies.

\(b\) Boubou with hand-stitched embroidery: Made of handloomed strips of
fabric, hand or machine sewn together, as described in (a). The garment
is a traditional smock and may be accompanied by matching trousers. The
garment is a natural cotton color, has an asymmetrical neckline and
typically a center chest pocket immediately below the neckline. The
front and back of the neckline is embellished in gray and blue
hand-stitched embroidery.

\(c\) Ladies\' Boubou Style Dresses: This ladies\' dress is a
loose-fitting garment with large open armholes and may come with
matching scarf. It is of bright solid colored machine-made fabric, or a
machine-made lace-type fabric. The garment is decorated with hand or
machine-sewn embroidery around the round or U-shaped neckline and along
the back of the shoulder, often in a cross-patterned motif. The garment
may be full or half-length.

\(d\) Fulani Wodabe Loincloth/Wrap Skirt: This single piece of fabric
garment is made of handloomed cotton strips of fabric, left in a natural
cotton color, or dyed with a deep blue or black natural dye. The wrap is
heavily decorated with embroidery of colorful yarns along bottom hem and
may be trimmed in a geometric-shaped machine-made fabric appliqué. The
wrap also has fringes on two ends. The size measures approximately 1 x
1.5 meters.

\(e\) Touareg Trousers: Loose-fitting men\'s trousers made of
solid-colored machine-made fabric. Garments have side-seam pockets and
are embroidered along the bottom cuff and/or down side-seam.

\(f\) Ladies Wodabe Embroidered Shirt and Wrap Skirt: Straight-seamed,
sleeveless shirt and accompanying wrap skirt, it is made of machine-made
shiny cotton fabric, embellished with embroidery down the center front
and bottom hem of the wrap skirt.

\(g\) Fulani Wodabe Traditional Dress: This garment is made of
hand-woven strips of fabric hand-sewn together and left in a natural
cotton color, or dyed black using natural dyes. The entire garment is
embellished with embroidery in white, orange, green and yellow thread,
and may have leather tassels and seashells attached to sleeves or bottom
hem. Edges may be trimmed with a geometric-shaped machine-made fabric
appliqué. The garment comes in various lengths.

1\. Men\'s traditional dress: The garment has a neck hole and drapes on
the front and the back to approximately mid-thigh, with open sides, and
a body armor-type appearance.

2\. Women\'s traditional shirt and wrap skirt: The garment is a
straight-seamed, sleeveless shirt with a U-shaped neckline, extending
down to the waistline. The garment may come with matching wrap skirt.

Nigerien Ethnic Printed Fabrics:

Each ethnic print must meet all of the criteria listed below:

A\) Selvedge on both edges

B\) Width of less than 50 inches

C\) Classifiable under subheading 5208.52.30 or 5208.52.40 of the HTS

D\) Contains designs, symbols, and other characteristics of African
prints normally produced for and sold in Africa by the piece.

E\) 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

F\) Printed, including waxed, in one or more eligible sub-Saharan
beneficiary countries

ACTION:

Effective January 3, 2007 certain folklore articles and ethnic printed
fabrics, listed above, handloomed fabrics, handmade articles (e.g.
handloomed rugs, scarves, place mats, and tablecloths) and handmade
articles made from such handloomed fabrics that are produced in and
exported from Niger 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 Niger. Such products are
classifiable under HTS provision 9819.11.27 when accompanied by an
appropriate export visa.

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

INFORMATION:

For additional information, please contact Ms. Nancy Mondich, at (202)
344-2166,

Ms. Jacqueline Sprungle, at (202) 344-2277, Ms. Susan Thomas, at (202)
344-3719 or

Mr. Robert Abels, at (202) 344-1959.

(signed Janet L. Labuda for)

Anne Maricich