The African Growth and Opportunity Act (AGOA) duty-free program has been reinstated following congressional reauthorization. AGOA is a US trade preference program that provides duty-free treatment for certain eligible products imported from designated Sub-Saharan African beneficiary countries. The program expired on September 30, 2025, and was temporarily inactive from October 1, 2025, through February 3, 2026. AGOA was reauthorized and signed into law on February 3, 2026, extending benefits through December 31, 2026, with retroactive effect back to the original expiration date.
During the lapse period, importers of qualifying wine and other eligible goods were generally unable to claim AGOA duty-free treatment at entry and instead paid normal MFN duty rates. Now that AGOA has been reinstated retroactively, duties paid during the lapse may be eligible for recovery. AGOA applies only to standard customs duty treatment and is separate from additional tariffs imposed under other authorities, including the IEEPA reciprocal tariffs.
Importers who entered eligible goods during the lapse should begin preparing now to pursue refunds, although CBP has not issued formal guidance on how to claim refunds we suggest taking the following steps:
- Contact your customs broker to review entries made between October 1, 2025 and February 3, 2026
- Confirm the product’s HTS classification is AGOA-eligible (Special Program Indicator “D”)
- Coordinate with your broker to determine whether potential refunds may be claimed through a Post Summary Correction (PSC) or whether a protest will be required if entries have already liquidated
If CBP releases additional guidance on claiming refunds, further updates will be provided. WSSA is available should anyone need additional information or guidance, so please reach out with any questions.
