CSMS 45325918·Operational·December 31, 2020·View on csms.cbp.gov ↗

INFORMATION: Changes to African Growth Opportunity Act Beneficiary Country Designations for the Democratic Republic of Congo; Extension of Duty

Plain-English explanation

CSMS 45325918 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on December 31, 2020. It carries the official CBP guidance brokers and importers must follow for the topic — "INFORMATION: Changes to African Growth Opportunity Act Beneficiary Country Designations for the Democratic Republic of Congo; Extension of Duty". CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Message body

Full text as published by U.S. Customs and Border Protection

CSMS #45325918 - INFORMATION: Changes to African Growth Opportunity Act Beneficiary Country Designations for the Democratic Republic of Congo; Extension of Duty-Free Rates for Certain Agriculture Products from Israel; and Reduction of Duty Rates due to European Union Agreement U.S. Customs and Border Protection sent this bulletin at 12/31/2020 03:10 PM EST Cargo Systems Messaging Service CSMS #45325918 - INFORMATION: Changes to African Growth Opportunity Act Beneficiary Country Designations for the Democratic Republic of Congo; Extension of Duty-Free Rates for Certain Agriculture Products from Israel; and Reduction of Duty Rates due to European Union Agreement This message is to inform the trade community of the following modifications pursuant to Presidential Proclamation 10128 (PP 10128) issued on December 22, 2020 and published in the Federal Register (85 FRN 85491) on December 29, 2020. The modifications include the reinstatement of the Democratic Republic of Congo as an African Growth Opportunity Act (AGOA) beneficiary and designation as a lesser developed beneficiary (LDB) sub-Saharan African country; the extension of the US-Israel Free Trade Agreement on certain agricultural products, and duty reductions for select tariff numbers negotiated under the European Union Agreement. DEMOCRATIC REBUBLIC OF THE CONGO (DRC) Effective January 1, 2021, the DRC is reinstated and designated as a lesser developed beneficiary (LDB) sub-Saharan African country under section 112(c) of the AGOA. In order to reflect this designation in the Harmonized Tariff Schedule of the United States (HTSUS), the general note 16(a) to the HTSUS is modified to include the DRC on the list of beneficiary sub-Saharan countries and note 2(d) to subchapter XIX of chapter 98 of the HTSUS as a qualifying lesser developed beneficiary sub-Saharan African country. Goods imported from the DRC entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2021, 12:01 AM EST 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 the 35% value-added rule and all applicable AGOA requirements. Textile and apparel goods are not eligible for entry under subchapter XIX of chapter 98 of the HTSUS until the USTR has determined that the DRC has adopted an effective visa system and made significant progress towards implementing Customs procedures in line with AGOA requirements. CBP will complete the ACE programming of the DRC changes on January 14, 2021. Importers may file a Post Summary Correction (PSC) or file a protest (pursuant to 19 USC § 1514) to claim duty refunds on eligible entries filed on January 1, 2021 thru January 14, 2021. US-ISRAEL FREE TRADE AGREEMENT PP 10128 extends the US-Israel Free Trade Agreement benefits on Agricultural Products through December 31, 2021. Effective January 1, 2021, 12:01 AM EST, eligible agricultural goods (as identified in Annex I of 85 FRN 85491) imported from Israel and entered, or withdrawn from warehouse, for consumption, may claim preferential tariff treatment into the United States. CBP has completed ACE programming for these duty modifications. TARIFF DUTY REDUCTION The United States entered into an agreement with the European Union on November 20, 2020. As a result, PP 10128 modifies the duty rates for six tariff items identified in Annex II of 85 FRN 85491. The six tariff subheadings subject to this duty reduction are the following: 1604.20.05, 3214.90.50, 3601.00.00, 7013.41.50, 9613.11.00, and 9613.90.80. These duty reductions are retroactive as of August 1, 2020 and applicable for unliquidated entry summaries or entry summaries not final as of August 1, 2020. Importers may file a Post Summary Correction (PSC) or file a protest (pursuant to 19 USC § 1514) to claim duty refunds on eligible entries. Further duty reductions on the following five tariff subheadings will be effective on August 1, 2021 for goods entered, or withdrawn from warehouse, for consumption: 1604.20.05, 3214.90.50, 3601.00.00, 9613.11.00, and 9613.90.80. CBP has completed ACE programming for these duty modifications. Questions regarding this notice may be directed to the CBP – Office of Trade – Trade Policy and Programs – Textiles and Trade Agreements Division – Trade Agreements Branch at FTA@CBP.DHS.gov . REFERENCE DOCUMENTS The Presidential Proclamation 10128: https://www.whitehouse.gov/presidential-actions/proclamation-take-certain-actions-african-growth-opportunity-act-purposes/ Federal Register Notice - 85 FRN 85491 published on December 29, 2020: https://www.federalregister.gov/public-inspection/2020-28878/trade-african-growth-and-opportunity-act-beneficiary-country-designations-and-modifications-proc For more information on the AGOA, visit USTR’s website: https://ustr.gov/issue-areas/trade-development/preference-programs/african-growth-and-opportunity-act-agoa For more information on Trade in agricultural products of Israel, visit USTR’s website: https://ustr.gov/trade-agreements/free-trade-agreements/israel-fta . Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your Subscriber Preferences Page . You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact subscriberhelp.govdelivery.com . This service is provided to you at no charge by U.S. Customs and Border Protection . Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. Powered by Privacy Policy | Cookie Statement | Help

Frequently asked questions

What is CSMS 45325918?

CSMS 45325918 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "INFORMATION: Changes to African Growth Opportunity Act Beneficiary Country Designations for the Democratic Republic of Congo; Extension of Duty". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 45325918 published?

CBP published CSMS 45325918 on December 31, 2020. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Is the CBP CSMS the legally binding instruction?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

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