Implementation of the African Growth and Opportunity Act and the United States-Caribbean Basin Trade Partnership Act

This executive order delegates presidential authority to implement trade preference programs for sub-Saharan Africa (AGOA) and Caribbean Basin countries (CBTPA) to specific agencies. It authorizes the Committee for the Implementation of Textile Agreements, USTR, and Customs to make determinations on fabric availability, handloomed goods, interlinings, transshipment penalties, visa systems, and emergency tariff actions.

Federal Register Open PDF 66 FR 7271

Key directives

Committee authorized to determine whether yarns/fabrics unavailable in commercial quantities under AGOA section 112(b)(5)(B)(i)
Committee and USTR jointly authorized to obtain advice, report to Congress, and consult on AGOA fabric determinations
USTR authorized to obtain USITC advice on AGOA fabric matters
Committee authorized to determine handloomed, handmade, folklore articles under AGOA after consulting Customs Commissioner
Committee authorized to determine U.S. interlining production under AGOA; must publish in Federal Register
Committee authorized to determine transshipment and impose 5-year AGOA benefit denials; must publish in Federal Register
USTR authorized to direct Customs Commissioner to ensure effective visa systems for AGOA textile/apparel imports
Committee authorized to determine fabric unavailability under CBTPA; must establish public participation procedures
Committee authorized to determine U.S. interlining production under CBTPA; must publish in Federal Register
Committee authorized to identify handloomed/handmade/folklore goods under CBTPA with beneficiary country representatives
Committee authorized to determine CBTPA transshipment, impose 2-year benefit denials, request country actions, and impose penalties; must publish in Federal Register
Committee authorized to take bilateral emergency tariff actions under CBTPA if conditions satisfied; must establish public participation procedures and publish in Federal Register

Who is ordered

Timeline

Immediate

Delegation of authority to Committee, USTR, and Customs Commissioner takes effect

Near term (90d)

Committee to establish public participation procedures for fabric availability determinations
Committee to establish public participation procedures for interlining determinations
Committee to establish public participation procedures for bilateral emergency tariff determinations

Long term

Ongoing administration of AGOA and CBTPA preference programs
Potential 5-year denial of benefits for AGOA transshipment violations
Potential 2-year denial of benefits for CBTPA transshipment violations

Risks & tensions

No explicit deadlines or calendar dates in text; all delegations are standing authorizations
Vague 'timely manner' standard for fabric availability determinations leaves administrative discretion undefined
Different penalty periods—5 years for AGOA vs. 2 years for CBTPA transshipment—may create enforcement asymmetries
Judicial review bar in Section 11 limits recourse for affected parties
Multiple agency coordination (Committee, USTR, Customs Commissioner, USITC) creates potential for interagency friction