USTR Rule to Allow Input on AGOA Member Compliance Anytime

The Office of the U.S. Trade Representative will on March 18 implement a nine-year interim rule that will establish a more flexible petition process to supplement the normal yearly cycle request for public comments on whether a beneficiary sub-Saharan African country is meeting the eligibility criteria and mandates of the African Growth and Opportunity Act (AGOA), USTR said (here). The Trade Preferences Extension Act (TPEA) directed the President to set up a process by which any person at any time can file a petition with USTR regarding the compliance of any AGOA beneficiary with the eligibility requirements of AGOA and the Trade Act of 1974. If USTR receives a petition outside of the normal review cycle that indicates the presence of “exceptional circumstances,” the AGOA Implementation Subcommittee will consider whether there is an adequate premise for an out-of-cycle review and make recommendations to the Trade Policy Staff Committee, which will then advise the U.S. Trade Representative. The TPEA extended AGOA until Sept. 30, 2025, when the interim rule will expire.