Notice2021-21809
Determinations and Ongoing Monitoring: Investigation Concerning Vietnam's Acts, Policies and Practices Related to Illegal Timber
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 6, 2021
Issuing agencies
Trade Representative, Office of United States
Abstract
Based on an agreement reached between the United States of America and the Socialist Republic of Vietnam (the Parties) regarding illegal logging and timber trade, the U.S. Trade Representative has determined that no action is warranted at this time because the subject matter of this investigation has been resolved satisfactorily. The U.S. Trade Representative will monitor Vietnam's implementation of the commitments it has agreed to.
Full Text
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<title>Federal Register, Volume 86 Issue 191 (Wednesday, October 6, 2021)</title>
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[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55681-55682]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21809]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Determinations and Ongoing Monitoring: Investigation Concerning
Vietnam's Acts, Policies and Practices Related to Illegal Timber
AGENCY: Office of the United States Trade Representative (USTR).
ACTION: Notice.
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SUMMARY: Based on an agreement reached between the United States of
America and the Socialist Republic of Vietnam (the Parties) regarding
illegal logging and timber trade, the U.S. Trade Representative has
determined that no action is warranted at this time because the subject
matter of this investigation has been resolved satisfactorily. The U.S.
Trade Representative will monitor Vietnam's implementation of the
commitments it has agreed to.
FOR FURTHER INFORMATION CONTACT: For questions concerning the
investigation, contact David Lyons, Assistant General Counsel, 202-395-
9446; Kimberly Reynolds, Assistant General Counsel, 202-395-6336; Marta
Prado, Deputy Assistant U.S. Trade Representative for Southeast Asia
and the Pacific, 202-395-6216; or Joseph Johnson, Senior Director for
Environment and Natural Resources, 202-395-2464.
SUPPLEMENTARY INFORMATION:
I. Proceedings in the Investigation
On October 2, 2020, the U.S. Trade Representative initiated an
investigation of Vietnam's acts, policies and practices related to the
import and use of illegal timber pursuant to Section 301(b)(1)(A) of
the Trade Act of 1974, as amended (the Trade Act). See 85 FR 63639
(Oct. 8, 2020) (notice of initiation). On the same date, USTR requested
consultations with Vietnam, which were held on January 7, 2021. The
Section 301 Committee solicited comments and held a public hearing on
December 28, 2020. See 85 FR 75398 (Nov. 25, 2020).
USTR initiated the investigation to examine reports that Vietnam's
wood processing industry relies upon imported timber that may have been
illegally harvested or traded. The notice of initiation indicated that
the investigation would initially focus on three issues: (1) That
certain timber imports may be inconsistent with Vietnam's domestic
laws, the laws of exporting countries, or international rules, (2) the
adequacy of Vietnam's enforcement measures at the border with respect
to imported timber, and (3) other acts, policies and practices of
Vietnam relating to the import and use of illegally harvested or traded
timber. Investigating these issues has involved an examination of
Vietnam's ongoing implementation of its new, risk-based ``timber
legality assurance system'' and potential improvements to that system.
During the last several months of the investigation, USTR has
engaged with Vietnam in an effort to reach an agreement that would
resolve U.S. concerns with Vietnam's import and use of illegal timber.
As described below, these efforts have been successful.
II. Agreement With Vietnam and Associated Determinations
On October 1, 2021, the U.S. Trade Representative and the Minister
for the Ministry of Agriculture and Rural Development of Vietnam signed
the Agreement between the Governments of the Socialist Republic of
Vietnam and the United States of America on Illegal Logging and Timber
Trade (the Agreement). The Agreement is publicly available on USTR's
website at <a href="https://ustr.gov/issue-areas/enforcement/section-301-investigations/section-301-vietnam-timber">https://ustr.gov/issue-areas/enforcement/section-301-investigations/section-301-vietnam-timber</a>.
The Agreement reflects the Parties' shared understanding of the
importance of combating illegal logging and associated trade. It
contains multiple commitments on issues related to illegal timber,
including:
<bullet> Vietnam's treatment of confiscated timber.
<bullet> Financial incentives related to illegal timber.
<bullet> Customs inspections and clearance.
<bullet> Entities covered by Vietnam's timber legality assurance
system.
<bullet> The criteria used to classify a third country as a
``positive geographical area exporting timber to Vietnam''.
<bullet> The verification of domestically harvested timber.
<bullet> The implementation of certain licensing schemes.
<bullet> Cooperation with the governments of third-country sources
of imported timber.
<bullet> Illegal timber activities in third countries or involving
third-country nationals.
<bullet> Verification and enforcement measures.
<bullet> Cooperation between the Parties' respective law
enforcement agencies to combat the harvest and trade of illegal timber.
<bullet> Creation of a timber working group under the U.S.-Vietnam
Trade and Investment Framework Agreement Council.
<bullet> Public information and participation on matters related to
the implementation of the Agreement.
<bullet> Cooperation on technical assistance and initiatives to
promote sustainable forest management and to combat illegal logging and
associated trade.
The U.S. Trade Representative has found that the Agreement
satisfactorily resolves the matter subject to investigation. Therefore,
the U.S. Trade Representative has determined that the investigated
acts, policies, and practices are not actionable in light of the
Agreement and that no action is appropriate at this time.
III. Ongoing Monitoring
Pursuant to Section 306(a) of the Trade Act, the U.S. Trade
Representative will monitor Vietnam's implementation of its commitments
under the Agreement and associated measures. Pursuant to Section 306(b)
of the Trade Act, if the U.S. Trade Representative determines that
Vietnam is not satisfactorily implementing the Agreement or associated
measures, then the U.S. Trade Representative will
[[Page 55682]]
consider further action under Section 301.
Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2021-21809 Filed 10-5-21; 8:45 am]
BILLING CODE 3290-F1-P
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