ATPDEA Regional Apparel TPL Reinstated and Extended thru Sept 30, 2012
The Committee for the Implementation of Textile Agreements has issued two notices reinstating and extending the regional Tariff Preference Level to September 30, 2012 for apparel sewn or otherwise assembled in one or more Andean Trade Promotion and Drug Eradication Act (ATPDEA) beneficiary countries (Ecuador and Colombia) from fabrics, fabric components formed, or components knit-to-shape from ATPDEA/U.S. yarns, etc. that are eligible to receive duty-free treatment under the ATPDEA, as specified in HTS 9821.11.251.
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ATPDEA Regional TPL Reinstated and Extended
The two notices adjust, reinstate and extend the ATPDEA Regional TPL from October 1, 2010 to September 30, 2012, as follows:
The first notice adjusts and reinstates the 2010/2011 TPL period as October 1, 2010 to September 30, 2011 and continues the 12-month level of 1,238,203,339 SME. (As ATPDEA had been been set to expire first on December 31, 2010 and then expired on February 12, 2011, the corresponding TPL periods had been truncated to fit these expiration dates, but always at the full 12-month level of 1,238,203,339 SME. (See ITT’s Online Archives 11010712 for related summary.)
The second notice establishes the 2011/2012 TPL period for October 1, 2011 through September 30, 2012, and announces its 12-month level of 1,341,021,673 SME.
New Law Extended ATPA/ATPDEA and ATPDEA Regional Apparel TPL, Etc.
This ATPDEA regional apparel TPL extension is due to the enactment of H.R. 3078 on October 21, 2011. Effective November 5, 2011, H.R. 3078 is extending the Andean Trade Preference Act (ATPA)/ATPDEA programs from February 13, 2011 through July 31, 2013 for Colombia and Ecuador (the only two eligible countries, but note that Colombia will exit the program when its free trade agreement with the U.S. enters into force). H.R. 3078 is also extending the ATPDEA brassiere provision through that same date range.
TPL Entries During Lapsed Period Eligible for Retroactive ATPDEA Benefits
According to sources at CITA, importers or their agents may file for retroactive ATPDEA regional TPL benefits for the period during which the ATPDEA program lapsed, which is from February 13, 2011 through November 4, 2011. (See ITT's Online Archives 11102715 for summary of CBP's instructions for filing duty refund requests.)
(Note that Bolivia lost its ATPA/ATPDEA benefits and Peru entered into a trade promotion agreement with the U.S. and its ATPA/ATPDEA beneficiary country status expired on December 31, 2010.)
| 19821.11.25. Apparel articles imported from a designated ATPDEA beneficiary country that are sewn or otherwise assembled in one or more such countries from fabrics or from fabric components formed or from components knit-to-shape in one or more such countries, from yarns wholly formed in the U.S. or in one or more such countries (including fabrics not formed from yarns, if such fabrics are classifiable in HTS 5602 or 5603 and are formed in one or more such countries), whether or not the apparel articles are also made from any of the fabrics, fabric components formed, or components knit-to-shape that are described in 9821.11.01 through 9821.11.10, inclusive (unless exclusively so made), subject to the provisions of HTS Chapter 98, Subchapter XXI, U.S. Note 3(d). Apparel articles entered in excess of this TPL will be subject to otherwise applicable tariffs. |
CITA contact -- Richard Stetson (202) 482-3400
First CITA notice available here, second CITA notice available here.