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NRDC holds off on refilling mahogany import lawsuit

Waiting for outcome of legislative, regulator initiatives

Thomas Russell -- Furniture Today, January 11, 2008

WASHINGTON — The Natural Resources Defense Council is holding off on pursuing a lawsuit that would challenge illegal mahogany imports into the United States, pending the outcome of various legislative and regulatory initiatives aimed at combating the problem.

The NRDC filed a suit in mid-2006 against the U.S. Department of Homeland Securities, the U.S. Department of Interior, the U.S. Department of Agriculture and three wood importers for allowing illegally harvested mahogany from Peru to enter the U.S.

It sued these groups on behalf of two indigenous Peruvian groups it believes are harmed by the illegal logging. The suit also claimed that importing illegally harvested mahogany violates the U.S. Endangered Species Act and the Convention on International Trade in Endangered Species (known as CITES) of Wild Flora and Fauna.

The NRDC filed the suit in the Court of International Trade. However, this past spring, that court told the group the matter did not fall within its jurisdiction.

An NRDC spokesman said the group may refile the case in a U.S. federal court, but will await the outcome of proposed legislation aimed at combating the problem.

These include a U.S.-Peru trade agreement, which has an entire chapter on illegal logging, said Ari Hershowitz, a director for the NRDC. The trade agreement passed the U.S. House and is up for review in the Senate.

Hershowitz also said that the Convention on International Trade found that Peru is shipping too much mahogany and that some of it is illegally harvested. As a result, the Convention has placed quotas on the amount of mahogany that can be shipped from Peru.

The NRDC also is awaiting the outcome of a bill in Congress that would halt the importation of illegally harvested timber and finished goods using such materials.

“We are now investigating the effects of these changes,” Hershowitz said. “It is in our interest to bring a case when things are going wrong. There is a chance now that Peru will clean up its act.”

He added that if the NRDC winds up refiling its lawsuit, it has plenty of evidence from the U.S. State Department and the U.S. Agency for International Development that show most of the mahogany imported into the country since 2003 was illegally harvested in Peru.

In addition, Hershowitz said that the government reports have evidence showing “symbiotic relationships among illegal loggers, coca producers and processors and resurgent terrorist groups in remote areas of Peru’s tropical forests.”

NRDC’s message to the furniture industry?

“Any furniture manufacturer who does not make sure their wood is legal could be supporting all of these undesirable elements,” Hershowitz said. 

“For an importer and manufacturer, it makes sense to ask, ‘Where is the wood coming from?’ Otherwise, it’s like buying a car at half price from a dealer. You don’t know where it’s coming from and it’s probably stolen.”

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