The African Growth and Opportunity Act (AGOA) is a unilateral U.S. trade preference program enacted in 2000 (Title I of the Trade and Development Act of 2000, Pub. L. 106-200) and codified at 19 U.S.C. §§ 3701-3741. It provides duty-free treatment to eligible articles from designated sub-Saharan African beneficiary countries.
Coverage. AGOA covers approximately 1,800 products in addition to the roughly 5,000 already covered by GSP. The expanded list includes textiles and apparel, which are normally excluded from GSP. Beneficiary countries are designated annually by the President based on criteria including market-based economic policies, rule of law, human rights, and worker rights.
Apparel rules. AGOA's special apparel provisions are the program's most-used feature:
- Regional fabric/yarn — apparel cut and assembled in a beneficiary country from regional fabric (which can be made from regional or U.S. yarn) enters duty-free
- Lesser-developed beneficiary countries (LDBCs) — qualify for an additional "third-country fabric" provision allowing apparel made from fabric or yarn of any origin
- 35% value-added rule — like GSP, the AGOA general rule requires 35% local value-add (substantial transformation plus content)
Expiration. AGOA is currently authorized through September 30, 2025. Reauthorization is under active debate in Congress. Importers should monitor the USTR AGOA page and consider reconciliation for shipments straddling the expiration date.
Claims are filed using the "D" Special Program Indicator on CBP Form 7501.