CSMS Message: 01-001470

TO: ALL ABI BROKERS.

FROM: LEON HAYWARD

SUBJECT: US-VIETNAM BILATERAL TRADE AGR

DATE: 12/21/2001

SUBJECT: U.S.-VIETNAM BILATERAL TRADE AGREEMENT (TC# TP 02-0535)

BACKGROUND:

ON JUNE 13, 2000, PURSUANT TO THE REQUIREMENTS OF THE TRADE ACT OF 1974,
AS AMENDED (19 U.S.C. 2431 ET. SEQ.)(THE "TRADE ACT"), THE U.S. AND
VIETNAMESE GOVERNMENTS SIGNED AN AGREEMENT BETWEEN THE UNITED STATES OF
AMERICA AND THE SOCIALIST REPUBLIC OF VIETNAM ON TRADE RELATIONS
("THE AGREEMENT").

PURSUANT TO SECTION 405 OF THE TRADE ACT (19 U.S.C. 2435(C)),
PRESIDENTIAL PROCLAMATION 7449, DATED JUNE 8, 2001, AND PUBLISHED
IN THE FEDERAL REGISTER ON JUNE 12, 2001, (66 FR 31375), IMPLEMENTED
THE AGREEMENT EXTENDING NONDISCRIMINATORY TREATMENT (NORMAL TRADE
RELATIONS) TO PRODUCTS OF THE SOCIALIST REPUBLIC OF VIETNAM ("VIETNAM").
PROCLAMATION 7449 DIRECTED THE OFFICE OF THE UNITED STATES TRADE
REPRESENTATIVE (USTR) TO PUBLISH A NOTICE OF THE EFFECTIVE DATE OF THE
AGREEMENT IN THE FEDERAL REGISTER, BASED ON THE EXCHANGE OF WRITTEN
NOTICES OF ACCEPTANCE BY THE TWO GOVERNMENTS PURSUANT TO CHAPTER VII,
ARTICLE 8:1, OF THE AGREEMENT.

ACTION:

THE U.S. AND VIETNAMESE GOVERNMENTS EXCHANGED THE WRITTEN NOTICES OF
ACCEPTANCE ON DECEMBER 10, 2001. THEREFORE, PURSUANT TO THE TERMS OF
THE AGREEMENT REQUIRED IN PRESIDENTIAL PROCLAMATION 7449 (66 FR 31375),
THE USTR HAS DETERMINED THAT THE EFFECTIVE DATE FOR NONDISCRIMINATORY
TARIFF TREATMENT (NORMAL TRADE RELATIONS) TO APPLY TO PRODUCTS
OF VIETNAM IS DECEMBER 10, 2001. THE DETERMINATION WAS PUBLISHED IN
THE FEDERAL REGISTER ON DECEMBER 17, 2001 (66 FR 65019).

IN ADDITION, PER PRESIDENTIAL PROCLAMATION 7449, THE HARMONIZED TARIFF
SCHEDULE OF THE UNITED STATED (HTS) IS MODIFIED BY STRIKING "SOCIALIST
REPUBLIC OF VIETNAM" UNDER GENERAL NOTE 3(B), WHICH ENUMERATES THOSE
COUNTRIES WHOSE PRODUCTS ARE SUBJECT TO DUTY RATES SET FORTH IN RATES
OF DUTY COLUMN 2 OF THE TARIFF SCHEDULE. THESE CHANGES WILL BECOME
EFFECTIVE FOR PRODUCTS OF VIETNAM ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER DECEMBER 10, 2001.

IMPORTERS OR THEIR AGENTS MAY AVAIL THEMSELVES OF ALL AVAILABLE POST-
ENTRY PROCEDURES, WITH THE EXCEPTION OF NAFTA 520(D) CLAIMS, TO
RECEIVE A REFUND OF DUTIES FOR PRODUCTS OF VIETNAM ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER DECEMBER 10,
2001, FOR WHICH DUTIES WERE PAID AT THE COLUMN 2 RATE OF DUTY.

THE AUTOMATED COMMERCIAL SYSTEM HAS BEEN UPDATED TO REFLECT THE ABOVE
REFERENCED TERMS OF THE U.S.-VIETNAM BILATERAL TRADE AGREEMENT. HENCE,
ABI ENTRIES MAY BE FILED FOR PRODUCTS OF VIETNAM WITH PAYMENT OF
DUTIES AS SET FORTH IN RATES OF DUTY COLUMN 1-GENERAL SUBCOLUMN, HTS.

COPIES OF THIS MEMORANDUM SHOULD BE MADE AVAILABLE TO PORT DIRECTORS;
ASSISTAMT PORT DIRECTORS, TRADE; IMPORT AND ENTRY SPECIALISTS;
INSPECTORS; BROKERS; IMPORTERS AND OTHER INTERESTED PARTIES.

QUESTIONS CONCERNING THIS NOTICE FROM THE IMPORTING COMMUNITY SHOULD BE
REFERRED TO THEIR LOCAL CUSTOMS PORT. THE CUSTOMS PORT OF ENTRY MAY
REFER QUESTIONS TO ARLENE LUGO, TRADE AGREEMENTS BRANCH, AT (202)
927-4183, OR VIA CC:MAIL.

/SIGNED/
ELIZABETH G. DURANT

CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS