Initiation of Section 301 Investigation: Vietnam's Acts, Policies, and Practices Related to the Import and Use of Illegal Timber, 63639-63640 [2020-22270]
Download as PDF
Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Notices
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2020–0036]
Initiation of Section 301 Investigation:
Vietnam’s Acts, Policies, and Practices
Related to the Import and Use of Illegal
Timber
Office of the United States
Trade Representative.
ACTION: Notice and request for
comments.
AGENCY:
The U.S. Trade
Representative is initiating an
investigation of Vietnam’s acts, policies,
and practices related to the import and
use of timber that is illegally harvested
or traded. The Office of the United
States Trade Representative (USTR)
seeks comments regarding the
investigation.
DATES: To be assured of consideration,
you must submit written comments by
November 12, 2020.
ADDRESSES: You should submit written
comments through the Federal
eRulemaking Portal: https://
www.regulations.gov (Regulations.gov).
Follow the instructions for submitting
comments in section IV. The docket
number is USTR–2020–0036. For issues
with on-line submissions, contact the
Section 301 line at 202–395–5725.
FOR FURTHER INFORMATION CONTACT: For
procedural questions concerning the
submission of written comments,
contact the Section 301 line at 202–395–
5725. For other questions concerning
the investigation, contact David Lyons,
Assistant General Counsel, 202–395–
9446, 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:
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
I. Background
Vietnam is one of the world’s largest
exporters of wood products, including
to the United States. In 2019, Vietnam
exported to the United States more than
$3.7 billion of wooden furniture. To
supply the timber inputs needed for its
wood products manufacturing sector,
Vietnam relies on imports of timber
harvested in other countries. Available
evidence suggests that a significant
portion of that imported timber was
illegally harvested or traded (illegal
timber). Some of that timber may be
from species listed under the
Convention on International Trade in
Endangered Species of Wild Fauna and
Flora (CITES).
VerDate Sep<11>2014
17:48 Oct 07, 2020
Jkt 253001
Evidence indicates that much of the
timber imported by Vietnam was
harvested against the laws of the source
country. Reports indicate that a
significant amount of the timber
exported from Cambodia to Vietnam
was harvested on protected lands, such
as wildlife sanctuaries, or outside of and
therefore in violation of legal timber
concessions. Cambodia nevertheless
remains a significant source of
Vietnam’s timber imports. Similarly,
timber sourced from other countries,
such as Cameroon and the Democratic
Republic of the Congo (DRC), may have
been harvested against those countries’
laws.
In addition, Vietnamese timber
imports may be traded illegally. For
example, it appears that most timber
exported from Cambodia to Vietnam
crosses the border in violation of
Cambodia’s log export ban. In addition,
aspects of the importation and
processing of this timber also may
violate Vietnam’s domestic law and be
inconsistent with CITES.
II. Initiation of Section 301
Investigation
Section 302(b)(1)(A) of the Trade Act
of 1974, as amended (Trade Act),
authorizes the U.S. Trade
Representative to initiate an
investigation to determine whether an
act, policy, or practice of a foreign
country is actionable under section 301
of the Trade Act. Actionable matters
under section 301 include acts, policies,
and practices of a foreign country that
are unreasonable or discriminatory and
burden or restrict U.S. commerce. An
act, policy, or practice is unreasonable
if, while not necessarily in violation of,
or inconsistent with, the international
legal rights of the United States, it is
otherwise unfair and inequitable.
On October 2, 2020, the U.S. Trade
Representative initiated a Section 301
investigation to examine whether
Vietnam’s acts, policies, and practices
related to the import and use of illegal
timber are unreasonable or
discriminatory and burden or restrict
U.S. commerce.
Pursuant to section 302(b)(1)(B) of the
Trade Act, USTR has consulted with
appropriate advisory committees. USTR
also has consulted with the interagency
Section 301 Committee. Pursuant to
section 303(a) of the Trade Act, the U.S.
Trade Representative has requested
consultations with the Government of
Vietnam.
Pursuant to section 304 of the Trade
Act, the U.S. Trade Representative must
determine whether the act, policy, or
practice under investigation is
actionable under section 301. If that
PO 00000
Frm 00140
Fmt 4703
Sfmt 4703
63639
determination is affirmative, the U.S.
Trade Representative must determine
what action to take.
The investigation initially will focus
on the following issues:
• Vietnamese imports of illegal
timber may be inconsistent with
Vietnam’s domestic laws, the laws of
exporting countries, or international
rules. The import of illegal timber may
indicate that Vietnam is not enforcing
its own laws concerning the import and
processing of timber, such as laws
requiring that wood processors ensure
the lawful origins of the timber they use.
For species listed under the CITES that
are imported from Cambodia or the
DRC, there is evidence that Vietnamese
authorities are not requiring the permits
or certificates that should be needed to
enter or re-export from Vietnam.
• Evidence indicates that Vietnam at
least tacitly may support the import and
use of illegal timber. For example,
reports indicate that Vietnamese
officials do not record the origin of
timber crossing the Cambodia-Vietnam
border. This practice would enable
Vietnamese exporters to disclaim
knowledge of illegal timber inputs when
exporting wood products to third
countries. Vietnam may have allowed
the importation of CITES-listed species
based on invalid CITES permits. At the
provincial government level, there are
reports of Vietnamese officials accepting
payments in return for facilitating illegal
timber imports.
• Other acts, policies, and practices of
Vietnam relating to the import and use
of illegal timber.
III. Request for Public Comments
You may submit written comments on
any issue covered by the investigation.
In particular, USTR invites comments
regarding:
• The extent to which illegal timber
is imported into Vietnam.
• The extent to which Vietnamese
producers, including producers of
wooden furniture, use illegal timber.
• The extent to which products of
Vietnam made from illegal timber,
including wooden furniture, are
imported into the United States.
• Vietnam’s acts, policies, or
practices relating to the import and use
of illegal timber.
• The nature and level of the burden
or restriction on U.S. commerce caused
by Vietnam’s import and use of illegal
timber.
• The determinations required under
section 304 of the Trade Act, including
what action, if any, should be taken.
In light of the uncertainties arising
from COVID–19 restrictions, USTR is
not at this time scheduling a public
E:\FR\FM\08OCN1.SGM
08OCN1
63640
Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
hearing in this investigation. USTR will
provide further information in a
subsequent notice if it will hold a
hearing in this investigation.
IV. Procedures for Written Submissions
All submissions must be in English
and sent electronically via
Regulations.gov. To submit comments
via Regulations.gov, enter docket
number USTR–2020–0036. Find a
reference to this notice and click on the
link entitled ‘comment now!’. 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 Regulations.gov
home page. USTR will not accept handdelivered submissions.
Regulations.gov allows users to
submit comments by filling in a ‘type
comment’ field or by attaching a
document using an ‘upload file’ field.
USTR prefers that you submit comments
in an attached document. If you attach
a document, it is sufficient to type ‘see
attached in the ‘type comment’ field.
USTR strongly prefers submissions in
Adobe Acrobat (.pdf). If you use an
application other than Adobe Acrobat or
Word (.doc), please indicate the name of
the application in the ‘type comment’
field.
File names should reflect the name of
the person or entity submitting the
comment. Please do not attach separate
cover letters to electronic submissions;
rather, include any information that
would be in a cover letter in the
comment itself. Similarly, to the extent
possible, please include any exhibits,
annexes, or other attachments in the
same file as the comment itself, rather
than submitting them as separate files.
For any comments that contain
business confidential information (BCI),
the file name of the business
confidential version should begin with
the characters ‘BCI.’ You must clearly
mark any page containing BCI by
including ‘BUSINESS CONFIDENTIAL’
on the top of that page and clearly
indicating, via brackets, highlighting, or
other means, the specific information
that is BCI. If you request business
confidential treatment, you must certify
in writing that disclosure of the
information would endanger trade
secrets or profitability, and that you
would not customarily release the
information to the public. Filers of
submissions containing BCI also must
submit a public version of their
comments. The file name of the public
version should begin with the character
‘P.’ Follow the ‘BCI’ and ‘P’ with the
name of the person or entity submitting
the comments. If these procedures are
VerDate Sep<11>2014
17:48 Oct 07, 2020
Jkt 253001
not sufficient to protect BCI or
otherwise protect business interests,
please contact the Section 301 line at
202–395–5725 to discuss whether
alternative arrangements are possible.
USTR will post submissions in the
docket for public inspection, except
properly designated BCI. You can view
submissions on Regulations.gov by
entering docket number USTR–2020–
0036 in the search field on the home
page.
Joseph Barloon,
General Counsel, Office of the United States
Trade Representative.
[FR Doc. 2020–22270 Filed 10–7–20; 8:45 am]
BILLING CODE 3290–F1–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2019–0836]
Agency Information Collection
Activities: Requests for Comments;
Clearance of a New Approval of
Information Collection: Airman
Knowledge Test Registration
Collection
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval a new information collection.
The Federal Register Notice with a 60day comment period soliciting
comments on the following collection of
information was published on October
22, 2019. The information collected is
necessary to ensure compliance and
proper registration of an individual for
the necessary knowledge test for the
certification or rating pursued by the
individual.
DATES: Written comments should be
submitted by November 9, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Ryan C. Smith by email at:
Ryan.C.Smith@faa.gov; Phone: 405–
954–6742.
SUMMARY:
PO 00000
Frm 00141
Fmt 4703
Sfmt 4703
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information.
OMB Control Number: 2120–XXXX.
Title: Airman Knowledge Test
Registration Collection.
Form Numbers: There are no forms
associated with this collection.
Type of Review: New information
collection.
Background: The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on October 22, 2019 (84 FR 56520).
Individuals pursuing an FAA certificate
or rating to operate in the National
Airspace System (NAS) must meet the
standards established in the FAA
regulations specific to the certificate
sought by the individual. FAA
certification requires that an individual
must successfully pass an Airman
Knowledge Test as part of the
requirements to obtain an FAA
certificate or rating. The FAA develops
and administers 90 different knowledge
tests in many different areas that are
required as part of the overall airman
certification process.
Airman Knowledge Tests are
administered at approved Knowledge
Testing Centers by an approved test
proctor who is required to administer
the appropriate Airman Knowledge Test
to the individual pursuing FAA
certification. Individuals taking an FAA
Airman Knowledge Test must provide
the following information to be
collected in order to complete the
registration process before the
administration of the Airman
Knowledge Test: Name, FAA Tracking
Number (FTN), physical address, Date
of Birth, email address, photo
identification, phone number, test
authorization (credentials of the
individual such as an instructor
endorsement), and previous number of
test attempts.
The information provided by the
individual is collected and stored
electronically in the application used
for test registration and delivery. This
information is used to determine the
identify and eligibility of the individual
for compliance of FAA certification
requirements.
Respondents: 200,000 annually.
E:\FR\FM\08OCN1.SGM
08OCN1
Agencies
[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Pages 63639-63640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22270]
[[Page 63639]]
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket Number USTR-2020-0036]
Initiation of Section 301 Investigation: Vietnam's Acts,
Policies, and Practices Related to the Import and Use of Illegal Timber
AGENCY: Office of the United States Trade Representative.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Trade Representative is initiating an investigation
of Vietnam's acts, policies, and practices related to the import and
use of timber that is illegally harvested or traded. The Office of the
United States Trade Representative (USTR) seeks comments regarding the
investigation.
DATES: To be assured of consideration, you must submit written comments
by November 12, 2020.
ADDRESSES: You should submit written comments through the Federal
eRulemaking Portal: https://www.regulations.gov (Regulations.gov).
Follow the instructions for submitting comments in section IV. The
docket number is USTR-2020-0036. For issues with on-line submissions,
contact the Section 301 line at 202-395-5725.
FOR FURTHER INFORMATION CONTACT: For procedural questions concerning
the submission of written comments, contact the Section 301 line at
202-395-5725. For other questions concerning the investigation, contact
David Lyons, Assistant General Counsel, 202-395-9446, 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. Background
Vietnam is one of the world's largest exporters of wood products,
including to the United States. In 2019, Vietnam exported to the United
States more than $3.7 billion of wooden furniture. To supply the timber
inputs needed for its wood products manufacturing sector, Vietnam
relies on imports of timber harvested in other countries. Available
evidence suggests that a significant portion of that imported timber
was illegally harvested or traded (illegal timber). Some of that timber
may be from species listed under the Convention on International Trade
in Endangered Species of Wild Fauna and Flora (CITES).
Evidence indicates that much of the timber imported by Vietnam was
harvested against the laws of the source country. Reports indicate that
a significant amount of the timber exported from Cambodia to Vietnam
was harvested on protected lands, such as wildlife sanctuaries, or
outside of and therefore in violation of legal timber concessions.
Cambodia nevertheless remains a significant source of Vietnam's timber
imports. Similarly, timber sourced from other countries, such as
Cameroon and the Democratic Republic of the Congo (DRC), may have been
harvested against those countries' laws.
In addition, Vietnamese timber imports may be traded illegally. For
example, it appears that most timber exported from Cambodia to Vietnam
crosses the border in violation of Cambodia's log export ban. In
addition, aspects of the importation and processing of this timber also
may violate Vietnam's domestic law and be inconsistent with CITES.
II. Initiation of Section 301 Investigation
Section 302(b)(1)(A) of the Trade Act of 1974, as amended (Trade
Act), authorizes the U.S. Trade Representative to initiate an
investigation to determine whether an act, policy, or practice of a
foreign country is actionable under section 301 of the Trade Act.
Actionable matters under section 301 include acts, policies, and
practices of a foreign country that are unreasonable or discriminatory
and burden or restrict U.S. commerce. An act, policy, or practice is
unreasonable if, while not necessarily in violation of, or inconsistent
with, the international legal rights of the United States, it is
otherwise unfair and inequitable.
On October 2, 2020, the U.S. Trade Representative initiated a
Section 301 investigation to examine whether Vietnam's acts, policies,
and practices related to the import and use of illegal timber are
unreasonable or discriminatory and burden or restrict U.S. commerce.
Pursuant to section 302(b)(1)(B) of the Trade Act, USTR has
consulted with appropriate advisory committees. USTR also has consulted
with the interagency Section 301 Committee. Pursuant to section 303(a)
of the Trade Act, the U.S. Trade Representative has requested
consultations with the Government of Vietnam.
Pursuant to section 304 of the Trade Act, the U.S. Trade
Representative must determine whether the act, policy, or practice
under investigation is actionable under section 301. If that
determination is affirmative, the U.S. Trade Representative must
determine what action to take.
The investigation initially will focus on the following issues:
Vietnamese imports of illegal timber may be inconsistent
with Vietnam's domestic laws, the laws of exporting countries, or
international rules. The import of illegal timber may indicate that
Vietnam is not enforcing its own laws concerning the import and
processing of timber, such as laws requiring that wood processors
ensure the lawful origins of the timber they use. For species listed
under the CITES that are imported from Cambodia or the DRC, there is
evidence that Vietnamese authorities are not requiring the permits or
certificates that should be needed to enter or re-export from Vietnam.
Evidence indicates that Vietnam at least tacitly may
support the import and use of illegal timber. For example, reports
indicate that Vietnamese officials do not record the origin of timber
crossing the Cambodia-Vietnam border. This practice would enable
Vietnamese exporters to disclaim knowledge of illegal timber inputs
when exporting wood products to third countries. Vietnam may have
allowed the importation of CITES-listed species based on invalid CITES
permits. At the provincial government level, there are reports of
Vietnamese officials accepting payments in return for facilitating
illegal timber imports.
Other acts, policies, and practices of Vietnam relating to
the import and use of illegal timber.
III. Request for Public Comments
You may submit written comments on any issue covered by the
investigation. In particular, USTR invites comments regarding:
The extent to which illegal timber is imported into
Vietnam.
The extent to which Vietnamese producers, including
producers of wooden furniture, use illegal timber.
The extent to which products of Vietnam made from illegal
timber, including wooden furniture, are imported into the United
States.
Vietnam's acts, policies, or practices relating to the
import and use of illegal timber.
The nature and level of the burden or restriction on U.S.
commerce caused by Vietnam's import and use of illegal timber.
The determinations required under section 304 of the Trade
Act, including what action, if any, should be taken.
In light of the uncertainties arising from COVID-19 restrictions,
USTR is not at this time scheduling a public
[[Page 63640]]
hearing in this investigation. USTR will provide further information in
a subsequent notice if it will hold a hearing in this investigation.
IV. Procedures for Written Submissions
All submissions must be in English and sent electronically via
Regulations.gov. To submit comments via Regulations.gov, enter docket
number USTR-2020-0036. Find a reference to this notice and click on the
link entitled `comment now!'. 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
Regulations.gov home page. USTR will not accept hand-delivered
submissions.
Regulations.gov allows users to submit comments by filling in a
`type comment' field or by attaching a document using an `upload file'
field. USTR prefers that you submit comments in an attached document.
If you attach a document, it is sufficient to type `see attached in the
`type comment' field. USTR strongly prefers submissions in Adobe
Acrobat (.pdf). If you use an application other than Adobe Acrobat or
Word (.doc), please indicate the name of the application in the `type
comment' field.
File names should reflect the name of the person or entity
submitting the comment. Please do not attach separate cover letters to
electronic submissions; rather, include any information that would be
in a cover letter in the comment itself. Similarly, to the extent
possible, please include any exhibits, annexes, or other attachments in
the same file as the comment itself, rather than submitting them as
separate files.
For any comments that contain business confidential information
(BCI), the file name of the business confidential version should begin
with the characters `BCI.' You must clearly mark any page containing
BCI by including `BUSINESS CONFIDENTIAL' on the top of that page and
clearly indicating, via brackets, highlighting, or other means, the
specific information that is BCI. If you request business confidential
treatment, you must certify in writing that disclosure of the
information would endanger trade secrets or profitability, and that you
would not customarily release the information to the public. Filers of
submissions containing BCI also must submit a public version of their
comments. The file name of the public version should begin with the
character `P.' Follow the `BCI' and `P' with the name of the person or
entity submitting the comments. If these procedures are not sufficient
to protect BCI or otherwise protect business interests, please contact
the Section 301 line at 202-395-5725 to discuss whether alternative
arrangements are possible.
USTR will post submissions in the docket for public inspection,
except properly designated BCI. You can view submissions on
Regulations.gov by entering docket number USTR-2020-0036 in the search
field on the home page.
Joseph Barloon,
General Counsel, Office of the United States Trade Representative.
[FR Doc. 2020-22270 Filed 10-7-20; 8:45 am]
BILLING CODE 3290-F1-P