[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Notices]
[Pages 23103-23105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09795]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket Number USTR-2025-0012]


Request for Comments and Notice of Public Hearing Concerning the 
Annual Review of Country Eligibility for Benefits Under the African 
Growth and Opportunity Act for Calendar Year 2026

AGENCY: Office of the United States Trade Representative.

ACTION: Request for comments and notice of public hearing.

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SUMMARY: The Office of the United States Trade Representative (USTR) is 
announcing the initiation of the annual review of the eligibility of 
sub-Saharan African countries to receive the benefits of the African 
Growth and Opportunity Act (AGOA). The AGOA Implementation Subcommittee 
of the Trade Policy Staff Committee (AGOA TPSC Subcommittee) is 
requesting written comments for this review and will conduct a public 
hearing on this matter. In developing its recommendations on AGOA 
country eligibility for calendar year 2026, the AGOA TPSC Subcommittee 
will consider written comments, written testimony, and oral testimony.

DATES: 
    June 30, 2025 at 11:59 p.m. EDT: Deadline for submission of pre-
hearing written comments, requests to testify, and written testimony, 
regarding the eligibility of countries to be designated as beneficiary 
sub-Saharan African countries.
    July 18, 2025 at 10:00 a.m. EDT: The AGOA TPSC Subcommittee will 
convene a public hearing to receive oral testimony related to sub-
Saharan African countries' eligibility for AGOA benefits, at USTR's 
building located at 1724 F Street NW, Washington DC. Please be sure to 
bring required identification if you wish to attend or participate in 
the hearing.
    July 31, 2025 at 5:00 p.m. EDT: Deadline for submission of post-
hearing written comments, briefs, supplementary materials, and written 
statements related to the public hearing.

ADDRESSES: The AGOA TPSC Subcommittee strongly prefers electronic 
submissions made through the Federal eRulemaking Portal: https://www.regulations.gov (Regulations.gov). Follow the instructions for 
submitting written comments and testimony and requests to testify in 
sections III and IV below, using Docket Number USTR-2025-0012. For 
alternatives to on-line submissions, please contact Jeremy Streatfeild, 
Director of African Affairs, Office of African Affairs, in advance of 
the relevant deadline at [email protected] or 
202.395.8642.

FOR FURTHER INFORMATION CONTACT: Jeremy Streatfeild, Director of 
African Affairs, Office of African Affairs, at 
[email protected] or 202.395.8642.

SUPPLEMENTARY INFORMATION:

I. Background

    AGOA (Title I of the Trade and Development Act of 2000, Pub. L. 
106-200) (19 U.S.C. 2466a et seq.), as amended, and which currently is 
set to expire on September 30, 2025, authorizes the President to 
designate sub-Saharan African countries as beneficiaries eligible for 
duty-free treatment for certain additional products not included for 
duty-free treatment under the Generalized System of Preferences (GSP) 
(Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) (1974 Act), 
as well as for the preferential treatment for certain textile and 
apparel articles. The President may designate a country as a 
beneficiary sub-Saharan African country eligible for AGOA benefits if 
he determines that the country meets the eligibility criteria set forth 
in section 104 of AGOA (19 U.S.C. 3703) and section 502 of the 1974 Act 
(19 U.S.C. 2462).
    Section 104 of AGOA includes requirements that the country has 
established or is making continual progress toward establishing, among 
other things:
     A market-based economy.
     The rule of law.
     Political pluralism.
     The right to due process.
     The elimination of barriers to U.S. trade and investment.
     Economic policies to reduce poverty.
     A system to combat corruption and bribery.
     Protection of internationally recognized worker rights.
    In addition, the country may not engage in activities that 
undermine U.S. national security or foreign policy interests or engage 
in gross violations of internationally recognized human rights. Section 
502 of the 1974 Act provides for country eligibility criteria under 
GSP. For a complete list of the AGOA eligibility criteria and a list of 
the GSP criteria, see section 104 of the AGOA and section 502 of the 
1974 Act.
    Section 506A of the 1974 Act requires the President to monitor and 
annually review the progress of each sub-Saharan African country in 
meeting the

[[Page 23104]]

foregoing eligibility criteria in order to determine if a beneficiary 
sub-Saharan African country should continue to be eligible, and if a 
sub-Saharan African country that currently is not a beneficiary, should 
be designated as a beneficiary. If the President determines that a 
beneficiary sub-Saharan African country is not making continual 
progress in meeting the eligibility requirements, the President must 
terminate the designation of the country as a beneficiary sub-Saharan 
African country. The President also may withdraw, suspend or limit the 
application of duty-free treatment with respect to specific articles 
from a country if the President determines that it would be more 
effective in promoting compliance with AGOA eligibility requirements 
than terminating the designation of the country as a beneficiary sub-
Saharan African country.
    For 2025, the President designated the following 32 countries as 
beneficiary sub-Saharan African countries:

1. Angola
2. Benin
3. Botswana
4. Cabo Verde
5. Chad
6. Comoros
7. Democratic Republic of Congo
8. Republic of Congo
9. Cote d'Ivoire
10. Djibouti
11. Eswatini
12. The Gambia
13. Ghana
14. Guinea-Bissau
15. Kenya
16. Lesotho
17. Liberia
18. Madagascar
19. Malawi
20. Mauritania
21. Mauritius
22. Mozambique
23. Namibia
24. Nigeria
25. Rwanda (AGOA apparel benefits suspended effective July 31, 2018)
26. Sao Tome & Principe
27. Senegal
28. Sierra Leone
29. South Africa
30. Tanzania
31. Togo
32. Zambia

    The President did not designate the following sub-Saharan African 
countries as beneficiary sub-Saharan African countries for 2025:

1. Burkina Faso
2. Burundi
3. Cameroon
4. Central African Republic
5. Equatorial Guinea (graduated from GSP)
6. Eritrea
7. Ethiopia
8. Gabon
9. Guinea
10. Mali
11. Niger
12. Seychelles (graduated from GSP)
13. Somalia
14. South Sudan
15. Sudan
16. Uganda
17. Zimbabwe

    The AGOA TPSC Subcommittee requests written comments with respect 
to the annual review of sub-Saharan African countries' eligibility for 
AGOA benefits. The Secretary of Labor may consider comments related to 
the child labor and forced labor criteria to prepare the U.S. 
Department of Labor's report on child labor as required under section 
504 of the 1974 Act.

II. Hearing Participation

    The AGOA TPSC Subcommittee will convene a public hearing to receive 
oral testimony related to sub-Saharan African countries' eligibility 
for AGOA benefits on Friday, July 18, 2025, beginning at 10:00 a.m. EDT 
at 1724 F Street NW, Washington, DC. To ensure participation, you must 
submit requests to present oral testimony at the hearing and written 
testimony before midnight on June 30, 2025, via Regulations.gov, using 
Docket Number USTR-2025-0012. Instructions for submission are in 
sections III and IV below. Remarks at the hearing will be limited to no 
more than five minutes to allow for possible questions from the AGOA 
TPSC Subcommittee. Because the hearing will be public, testimony should 
not include any business confidential information (BCI).
    The AGOA TPSC Subcommittee requests small businesses (generally 
defined by the Small Business Administration as firms with fewer than 
500 employees) or organizations representing small business members 
that submit comments to self-identify as such, so that AGOA TPSC 
Subcommittee may be aware of issues of particular interest to small 
businesses.

III. Procedures for Written Submissions

    To be assured of consideration, submit your pre hearing written 
comments, requests to testify, and written testimony by the June 30, 
2025, 11:59 p.m. EDT deadline, and submit post hearing written comments 
by the July 31, 2025, 5:00 p.m. EDT deadline. All submission must be in 
English. The AGOA TPSC Subcommittee strongly encourages submissions via 
Regulations.gov, using Docket Number USTR-2025-0012.
    To make a submission via Regulations.gov, enter Docket Number USTR-
2025-0012 in the `search for' field on the home page and click 
`search.' The site will provide a search results page listing all 
documents associated with this docket. Find a reference to this notice 
by selecting `notice' under `document type' in the `refine documents 
results' section on the left side of the screen and click the `comment' 
link.
    Regulations.gov allows users to make submissions by filling in a 
`type comment' field or by attaching a document using the `upload file' 
field. The AGOA TPSC Subcommittee prefers that you provide submissions 
in an attached document and note `see attached' in the comment field on 
the online submission form. The AGOA TPSC Subcommittee prefers 
submissions in Microsoft Word (.docx) or Adobe Acrobat (.pdf). If you 
use an application other than those two, please indicate the name of 
the application in the `type comment' field.
    At the beginning of your submission or on the first page (if an 
attachment), include the following text: (1) 2026 AGOA Eligibility 
Review; (2) the relevant country or countries; and (3) whether the 
submission is a comment, request to testify, or written testimony. 
Submissions should not exceed 30 single-spaced, standard letter-size 
pages in 12-point type, including attachments. Please do not attach 
separate cover letters to electronic submissions; rather, include any 
information that might appear in a cover letter in the submission 
itself. Similarly, to the extent possible, please include any exhibits, 
annexes or other attachments in the same file as the submission itself, 
not as separate files. You will receive a tracking number upon 
completion of the submission procedure at Regulations.gov. The tracking 
number is confirmation that Regulations.gov received your submission. 
Keep the confirmation for your records. USTR is not able to provide 
technical assistance for Regulations.gov.
    For further information on using Regulations.gov, please consult 
the resources provided on the website by clicking on `How to Use 
Regulations.gov' on the bottom of the home page. The AGOA TPSC 
Subcommittee may not consider submissions that you do not make in 
accordance with these instructions.
    If you are unable to provide submissions as requested, please 
contact Jeremy Streatfeild, Director of African Affairs, Office of 
African Affairs, in

[[Page 23105]]

advance of the deadline at [email protected] or 
202.395.8642, to arrange for an alternative method of transmission. 
USTR will not accept hand-delivered submissions. General information 
concerning USTR is available at www.ustr.gov.

IV. Business Confidential Information (BCI) Submissions

    If you ask the AGOA TPSC Subcommittee to treat information you 
submit as BCI, you must certify that the information is business 
confidential and you would not customarily release it to the public. 
For any comments submitted electronically that contain BCI, the file 
name of the business confidential version should begin with the 
characters `BCI.' You must clearly mark any page containing BCI with 
`BUSINESS CONFIDENTIAL' at the top of that page. Filers of submissions 
containing BCI also must submit a public version of their submission 
that will be placed in the docket for public inspection. The file name 
of the public version should begin with the character `P.'

V. Public Viewing of Review Submissions

    USTR will post written submissions in the docket for public 
inspection, except properly designated BCI. You can view submissions at 
Regulations.gov by entering Docket Number USTR-2025-0012 in the search 
field on the home page.

Edward Marcus,
Chair of the Trade Policy Staff Committee, Office of the United States 
Trade Representative.
[FR Doc. 2025-09795 Filed 5-29-25; 8:45 am]
BILLING CODE 3390-F4-P