For industry associations
Associations should establish a coordination mechanism to
encourage businesses to participate in the appeal
For Businesses
- Linking exporters together
- Building relationships with law firms
- Active cooperation with US investigation agencies
- Establish a system of accounting vouchers and accounting
according to international standards.
- Enterprises need to prove themselves fully operating under
transparent and clear market and financial mechanism
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of the United States? What role does the
state and association have in responding to these barriers? (4) What
are the reasons that limit Vietnam's ability to respond to US non-tariff
barriers?
These questions are answered on the basis of hypotheses:
Hypothesis 1 is: In the period of 2002 - 2018, Vietnamese
seafood exporters often face technical barriers (SPS, TBT) and
temporary barriers of the United States.
Hypothesis 2 is: The US non-tariff barriers increase the
adaptive costs of exporting enterprises.
Hypothesis 3 is: Seafood exporters have had flexible measures
to respond to the impacts of US non-tariff barriers.
Hypothesis 4 is: The response measures of the Vietnamese
government, associations and export enterprises have brought certain
results, but there are still limitations due to the impact of many
different causes. objective and subjective, both internal and external.
In particular, the main cause comes from the subjective factors
related to the internal capacity of enterprises and the State's policy
environment.
5. The methodology and research methods of the
dissertation
Methodology: The dissertation uses a system of points of view
leading the research of NTBs including:
Dialectical materialist opinion
System perspective
Historical perspective
The method of data collection
The dissertation uses secondary data collection method based
on Vietnamese and US databases and statistics on the theoretical
basis of NTBs, market situation, seafood import-export turnover, US
NTBs regulations.
Methods of analysis
To carry out the study, the dissertation uses the following
qualitative analysis methods:
+ Methods of analysis and synthesis
+ Comparative method
+ Case study method
+ Inheritance method
+ Method of experts
6. New contributions to the science of the dissertation
Firstly, the dissertation has systematized and clarified some
theoretical issues about NTBs in international trade and NTBs of the
U.S for seafood products, explained the concept of NTBs and makes
clear my opinion on the use of NTBs classification to seafood export.
Secondly, provide a new approach on the impact of technical
barriers on both positive and negative aspects to the exporting
industry and countries. From there, draw conclusions that technical
barriers has a positive impact on manufacturing groups and
developed countries. For underdeveloped economies (such as
Vietnam) and in non-productive sectors (particularly fisheries), the
positive impact is less or vulnerable to these measures.
Thirdly, proposing a model for authentication of factors
affecting the ability to cope with NTBs for export goods.
Fourthly, the dissertation analyzed the current export situation
and the situation of using NTBs of the United States for Vietnam's
export goods in a new context with its own object and scope of
research. Focusing on two types of barriers: (1) The US anti-dumping
(antidumping) to Vietnamese pangasius and shrimp from 2002 to
2018; (2) New technical barriers in the US market recently such as:
USDA catfish inspection program, NOAA's Seafood Import
Monitoring Program (SIMP).
Fifthly, based on the goals of the seafood industry
development strategy to 2025, vision to 2030, the trend of developing
NTBs in the US market for Vietnamese seafood products, and
assessments on the current situation dealing with NTBs for Vietnam's
export-import goods recently, the thesis has developed and proposed
a number of measures to improve the ability of coping with NTBs of
the State and the business community to increase export turnover and
improve Vietnam's export efficiency to the US market in the coming
time.
7. Theoretical and practical meanings of the dissertation
The dissertation is a scientific work with theoretical and
practical significance, is a document that helps the State research and
management agencies and aquaculture enterprises to develop
development plans, make rational decisions to improve. High ability
to cope with NTBs in the near future.
8. The structure of the dissertation
In addition to the Introduction, Conclusion, List of References
and Appendix, the main content of the dissertation is presented in 4
chapters as follows:
Chapter 1: Overview of research situation and issues related to
the dissertation topic
Chapter 2: Rationale and practice of US non-tariff barriers to
fishery products
Chapter 3: The situation of the US non-tariff barriers to
Vietnam's seafood exports and Vietnam's countermeasures
Chapter 4: Some recommendations and solutions to cope with
US non-tariff barriers to Vietnam's seafood exports
CHAPTER 1
OVERVIEW OF THE RESEARCH SITUATION AND
PROBLEMS RELATED TO THE DISSERTATION
1.1. International research works on US non-tariff
barriers to Vietnam's seafood exports
1.2. Vietnam's studies on non-tariff barriers of the United
States on exported seafood products
1.3. General assessment of published works on the non-
tariff barriers of the United States to Vietnam's export-import
goods and the theoretical and practical gaps that need further
research in the dissertation
In theory: There are many studies on "Non-tariff barriers",
but so far, there has not been an official definition of "non-tariff
barriers" even in official documents. of the WTO. Besides, very few
constructions of the comprehensive theoretical framework on NTBs.
Factors affecting the ability to respond to NTBs for Vietnam's export-
import goods have not been mentioned. Therefore, the dissertation
tries to approach the problem as follows:
(1) Overview of the trends, theoretical views on NTBs of
scholars, organizations, and countries, from which give a definition.
and appropriate classification as the basis for the research process of
the thesis.
(2) The impact of NTBs on exports.
(3) Factors affecting NTBs' ability to respond to exported
goods of a country.
(4) Study China's experience in dealing with NTBs of the
United States for export-import products on both the State and the
enterprise perspective, thereby drawing lessons for the state
management agencies and Vietnamese aquaculture enterprises.
In practice: the research works related to the thesis topic still
have many gaps, including:
(1) Lack of in-depth and fully mentioned works on the status
and impact of US non-tariff barriers on Vietnam's export-import
goods recently (2002-2018). Some analysis studies on technical
expertise, antidumping for seafood products but the research time is
quite long ago, PhD students can only refer to handling the research
issues of the thesis. Therefore, it can be said that the thesis's research
is new, systematic, in-depth and updated with the latest developments
and trends in NTBs for Vietnam's export-import products
(2) Lack of evaluation works on factors limiting the ability to
respond of Vietnamese seafood to NTBs.
(3) The number of systematic and comprehensive researches
on the solutions to deal with US.NTBs for Vietnam's export-import
goods is very small.
Therefore, the thesis will study the current status of US NTBs
on Vietnam's export-import goods in the period of 2002 - 2018 to
highlight the characteristics of the US NTBs during this period and as
a basis for forecasting. the trend of NTBs of the United States in the
coming period. The thesis will study the impact of these barriers on
Vietnam's export activities and the factors hindering Vietnam's
coping capacity.
The dissertation also goes in depth to analyze specific
response measures, evaluate results and exist in the implementation
process, as a basis for proposing solutions. Finally, the dissertation
desires to offer solutions and policies to help businesses, associations
and the State respond to NTBs of the United States in order to boost
Vietnam's export in the coming period.
CHAPTER 2
THEORETICAL AND PRACTICAL BASIS ON NON-
TARIFF BARRIERS OF THE UNITED STATES ON
FISHERIES
2.1. Rationale for non-tariff barriers in international trade
2.1.1. Concept
There are many different definitions of non-tariff barriers, but
the majority of studies emphasize the purpose of discrimination to
protect domestic production, so according to the PhD student can
understand "non-tariff barriers". Tariffs are any measure, not tariffs,
but the use of technical and non-technical barriers that hinder imports
into a country and protect domestic consumers. ” .
2.1.2. Classification of non-tariff barriers
Within the framework of the thesis, the PhD student will focus
on two barriers that Vietnam's export enterprises often face when
entering the US market: technical barriers (SPS, TBT) and anti-
barriers. dumping (temporary barrier) to find more specific and more
effective countermeasures.
2.1.2.1. Technical barriers
2.1.2.2. Anti-dumping barriers (temporary barriers)
2.1.3. Impact of non-tariff barriers on export activities
2.1.3.1. Impact of Technical Barriers (SPS / TBT)
(a) Positive effects
Firstly, Protect the ecological environment and achieve
sustainable development
Second, Promote scientific and technological progress and
realize the adjustment and optimization of industrial structure.
Thirdly, Standardize import markets and improve the quality
of imported goods.
(b) Negative effects
The biggest impact of technical barriers to international trade
on firms is the increase in costs
(c) Impacts vary across industries
(d) Impacts vary from country to country
2.1.3.2. Impact of Anti-dumping barriers
2.1.4. Factors affecting a country's ability to respond to
NTBs on exports
Business
capacity
State
management
Capacity to cope
with non-tariff
barriers
Associate
capacity
Diagram 2.1. Factors affecting a country's ability to
respond to non-tariff barriers on exports
Source: Authors based on the studies of Unctad (2013),
Henson et al. (1997), Zsoka Koczan and Alexander Plekhanov (2013).
2.2. US non-tariff barriers to fishery products
2.2.1. Technical barriers
a. Food Drug and Cosmetic Act (FDCA)
Bioterrorism Act (Bioterrorism Act)
Food Safety Modernization Act (FSMA)
b. Farm Bill "Farm Bill"
c. IUU law (law against illegal fishing, undeclared and
unregulated)
2.2.2. Temporary barrier - Investigation of antidumping
2.3. Experience of the Chinese fisheries industry in
responding to the US non-tariff barriers and Lessons for
Vietnam
2.3.1. Overview of China's seafood exports to the United
States
2.3.2. Current situation of Chinese seafood exports is
entangled with non-tariff barriers of the United States
a. Technical barriers
First, the United States applies an "automatic detention" order
to certain fishery products originating from China.
Second, the United States refused to enter some Chinese
seafood shipments for violating technical standards (food safety and
hygiene).
b. Temporary barriers (anti-dumping)
2.3.3. Chinese countermeasures
a. For technical barriers
- Government and association measures
Improve seafood export activities through early warning
mechanism
Establishment of a core information transaction mechanism
Precautionary measures
- Measures of the enterprise
Take the initiative in ensuring food hygiene and safety
Proactively achieve a food safety certificate
Adjust the market structure, diversify the market
b. For Temporary Barriers (anti-dumping)
In response to temporary barriers (anti-dumping), China has
relied on the role and strength of government, industry organizations,
mobilizing the enthusiasm of businesses, and building efforts. a four-
party cooperation mechanism between "central government, local
government, commercial organizations, businesses" to resolve trade
disputes.
2.3.4. Some lessons learned from studying Chinese seafood
industry's experience in dealing with non-tariff barriers
a. Technical barriers
- Lessons for State management agencies
Firstly, educating the public awareness and raising awareness
of food safety for management agencies and enterprises.
Second, establish an effective early warning mechanism.
- Lessons for businesses
Firstly, Vietnamese businesses strive to achieve international
quality management system certification.
Second, adjust the export strategy.
b. Temporary barriers (anti-dumping)
- Lessons for state agencies
- Lessons for businesses
CHAPTER 3
THE SITUATION THE OF US NON-TARIFF
BARRIERS TO VIETNAMESE SEAFOOD EXPORT AND
MEASURES TO RESPONS OF VIETNAM
3.1. Overview of Vietnam's seafood exports to the US
market
3.1.1. Exports
Table 3.1: Vietnam's seafood export turnover to the US
market in 2009 - 2017
(unit: million USD,%)
I
tems
2
008
2
009
2
010
2
011
2
012
2
013
2
014
2
015
2
016
2
017
2
018
S
eafoo
d
7
44,6
7
11,14
5
9
56
1
.159
1
.166
1
.518
1
.700
1
.310
1
.440
1
.410
1
.600
G
rowth
rate
-
4,5
3
4,4
2
1,2
0
,6
3
0
1
1,9
-
22,9
6
,8
-
1,9
1
4%
Source: Compiled from VASEP and Vietfish
3.1.2. Export structure of aquatic products
-Shrimp
Table 3.2: Vietnam's shrimp export turnover to the US
market in 2009 - 2017
(unit: million USD,%)
I
tems
2
009
2
010
2
011
2
012
2
013
2
014
2
015
2
016
2
017
S
hrim
3
98
5
51,1
5
58,5
4
54,5
8
31
1
.140
6
57
7
09
6
59
G
rowth
rate
3
8,5%
1
%
-
18,6%
8
2,8%
3
7,2%
-
38,3%
8
%
-
7%
Source: Compiled from VASEP and Vietfish
- Pangasius fish
Table 3.3. Pangasius export value of Vietnam to the US
market in 2008-2018
(unit: million USD,%)
Item 2
008
2
009
2
010
2
011
2
012
2
013
2
014
2
015
2
016
2
017
2
018
Pangasius
fish
7
5
1
34
1
76,6
3
31,7
3
58,8
3
80,8
3
36,8
3
07,44
3
66
3
44
5
30
Growth
rate
7
8,6
3
1,8
8
7,8
8
,17
6
,13
-
11,5
-
9,5
1
6
-
11
5
4
Source: Compiled from VASEP and Vietfish
3.2. Non-tariff barriers of the United States and impacts
on Vietnam's export and import goods
3.2.1. US non-tariff barriers to Vietnam's export and import
goods
3.2.1.1. Technical barriers
a. Program of inspection and examination of imported seafood
by FDA
To ensure the safety of imported seafood, the FDA takes the
following measures: (1) Inspect the facilities of processors and
exporters annually to ensure HACCP compliance and (2) Conduct
sampling and excretion. analysis of imported seafood to identify
pollutants and dangers to health.
Table 3.4. Number of Vietnamese seafood shipments returned in
the US market (Warning number)
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
Shrimp 27 111 31 42 23 35 54 40 41 31
Pangasius 12 9 28 10 27 4 5 1 7 0
Sea food 244 286 202 242 167 116 141 83 74 66
Source: Summary of Report on import rejection “Import
Refusal Report” của FDA,
Table 3.5. The main cause of warnings for shrimp and
catfish shipments in the United States (Shipment)
ST
T
Nguyên nhân 200
8
200
9
201
0
201
1
201
2
201
3
201
4
201
5
201
6
201
7
1 Infection
with
Salmonell
a
Shrimp 18 76 31 24 12 5 7 x 30 5
Pangasiu
s
5 3 28 6 14 4 x x x x
2 Chemicals
and
antibiotics
Shrimp 5 24 x 7 10 23 46 36 13 12
Pangasiu
s
6 7 x 4 10 x 4 x x x
3 Dirt
Shrimp 3 9 x 7 1 2 x 2 3 x
Pangasiu
s
1 x x x 1 x 1 x x x
4 False
Labeling
Shrimp 1 x x 3 x 4 4 1 x x
Pangasiu
s
x x x x 6 x x x x x
Source: Summary of Report on import rejection “Import
Refusal Report” của FDA,
b. USDA catfish inspection program.
One of the fundamental changes when implementing the Farm
Bill Act 2014 for Vietnam's catfish is that the US side will perform
100% inspection of shipments instead of the probability test as before.
There is ample evidence that the US Farm Act 2008 and 2014
violated commitments under the SPS Agreement. WTO litigation
requires a lot of time, effort, and extensive analysis, so to predict the
outcome of whether Vietnam will succeed in bringing this lawsuit to
the WTO is a very hard. However, considering the overwhelming
evidence analyzed above, Vietnam has a good chance to prevail in
the case against the US for the USDA's catfish inspection program.
Therefore, the United States should dismantle the USDA pangasius
inspection program and return the right to inspect only imported
catfish to the FDA
c. NOAA's Seafood Import Monitoring Program (SIMP)
The SIMP program will take effect from January 1, 2018 for
most species on the priority list as prescribed, particularly shrimp and
abalone will be postponed at a later stage.
3.2.2.2. Barriers against dumping
(1) For pangasius exports in 2002
Table 3.6. Statistics of US anti-dumping duties on
Vietnamese pangasius
No Unit Required
Respondent
Voluntary
Defendant
General antidumping
tax rate
Duration of application
POR 1 % 37,94 47,05 63,88 1/8/2003 – 31/7/2014
POR 2 % 6,81 47,05 63,88 1/8/2004 – 31/7/2005
POR 3 % 6,81 47,05 63,88 1/8/2005 – 31/7/2006
POR 4 % 6,81 0,52 63,88 1/8/2006 – 31/7/2007
POR 5 (USD/kg) 0 0,02 2,11 1/8/2007 – 31/7/2008
POR 6 (USD/kg) 0 0,02 2,11 1/8/2008-31/7/2009
POR 7 (USD/kg) 0 0,02 2,11 1/8/2009 – 31/7/2010
POR 8 (USD/kg) 0,19 0,02 0,77 1/8/2010 – 31/7/2011
POR 9 (USD/kg) 0 2,15 2,11 1/8/2011- 31/7/2012
POR 10 (USD/kg) 0 0,97 2,39 1/8/2012 – 1/8/2013
POR 11 (USD/kg) 0 0,6 - 1/8/2013 – 31/7/2014
POR 12 (USD/kg) 0,69 2,39 2,39 01/8/2014 31/7/2015
POR 13 (USD/kg) 3,87 7,74 2,39 1/8/2015 – 31/7/2016
POR14 (USD/kg) 0 – 1,37 0,41 2,39 1/8/2016 - 31/7/2017
Source: Complied by the author
(2) For shrimp exports in 2003
Table 3.7. Statistics of US anti-dumping duties on
Vietnamese shrimp - Unit:%
No
Decision date cc Mandatory
defendant
Voluntary
Defendant
General
antidumping
duty
Duration of
application
POR 1 4,3 - 5,24 4,57 25,76 16/7/2004 - 31/1/2006
POR 2 02/09/2008 0 4,57% 25,76
POR 3 8/9/2009 0,08-0,21 4,57 25,76 1/2/2007 - 31/1/2008
POR 4 29/9/2010 2,95-4,89 3,92 25,76 1/2/2008 - 31/1/2009
POR 5 31/8/2011 0,0-1,15 1,04 25,76 1/2/2009 - 31/1/2010
POR 6 4/9/2012 1,23-1,27 1,25 25,76 1/2/2010 - 31/1/2011
POR7 10/09/2013 0,0 0,0 25,76 1/2/2011 - 31/1/2012
POR8 24/09/2014 4,98 - 9,75 6,37 25,76 1/2/2012 - 31/1/2013
POR9 7/9/2015 0 - 1,39 0,91 25,4 1/2/2013 - 31/1/2014
POR10 7/9/2016 0,91% 4,78% 25,76 1/2/2014 - 31/1/2015.
POR11 11/2016 0,91% 4,78% 25,75% 1/2/2015 - 31/1/2016
POR12 8/3/2018 25,39% 25,39% 25,39% 1/2/2016- 31//1/2017
Source: The author summarizes data from VASEP,
Directorate of Fisheries, General Department of Customs and other
websites
3.2.2. The impact of non-tariff barriers in the US market on
Vietnam's export activities
3.2.2.1. Technical barriers
To meet US technical standards, most seafood businesses have
to increase costs, either one-time costs or recurring costs, or both,
depending on the characteristics of each business.
3.2.2.2. Impact of anti-dumping barriers
3.3. Vietnam's responses to non-tariff barriers of the
United States
3.3.1. Technical barriers
a. Government measures, associations
Firstly, Promulgating and disseminating fishery safety policies
and laws
Secondly, the propaganda, guidance on good breeding
techniques, raising awareness for farmers.
Thirdly, the inspection, control and sanctions for violations,
food safety.
b. Measures of the business
Firstly, businesses have been proactive in ensuring food
hygiene and safety to meet the requirements of exporting countries
through the application of quality management systems such as GMP,
ISO, HACCP ...
Secondly, businesses actively innovate and transfer
technology.
Thirdly, Adjust the market structure, diversify the market
3.3.2. Barriers against dumping
a. Government measures
Firstly, Establish an early warning mechanism for anti-
dumping lawsuits
Second, the lobbying work
b. Measures of the fisheries industry association
Industry associations play an extremely important role in anti-
dumping lawsuits.
Support early warning information to businesses
Support businesses to answer questions
Hire a consulting lawyer to sue
Lobbying activities
c. Measures of the business Enterprises are subject to direct
impact of antidumping measures, so they must play the leading role
and take the initiative to appeal. Therefore, in the time before and
during the lawsuit, Vietnamese businesses have carefully prepared,
fully prepared, and mobilized the solidarity and unity in the business
community. Producing, processing and exporting Vietnamese
seafood.
3.4. Assessment of Vietnam's successes and limitations in
dealing with non-tariff barriers on aquatic products exported to
the US over the past time
3.4.1. Achievements / Achievements
a. About dealing with technical barriers
The fisheries industry has achieved success in meeting US
technical barriers as follows:
Firstly, Regarding to meet product quality standards has been
significantly improved.
Secondly, Regarding the control of antibiotic residues, toxic
chemicals in recent years have gradually decreased.
Thirdly, on food labeling: businesses have grasped the basic
principles of labeling and origin of goods that meet the requirements
of this barrier.
b. On dealing with Temporary Barriers (Anti-dumping)
Thanks to the close cooperation between the authorities, departments,
associations and seafood processing and exporting enterprises,
Vietnam has successfully brought the US dumping case to the WTO.
February 2010 (with DS404 case code) and January 2013 with
DS429 case code (requires the US to enforce the DSB / WTO ruling).
3.4.2. The limitations
a. Technical barriers
In addition to the successes that the State and fishery
enterprises of Vietnam have achieved as above, there are still many
difficulties and limitations.
• Regarding product quality standards: The quality of
Vietnam's exported seafood products has been improved a lot but it
has not yet met the requirements.
• Regarding control of antibiotic residues, toxic chemicals
The situation of controlling antibiotic residues and toxic
chemicals in Vietnam has made many progress, however, in the US
market, many seafood shipments of our country are still refused to be
imported due to drug residues. Veterinary medicine, heavy metals
and microbiological pollution ...
b. Temporary barriers (Anti-dumping)
In addition to the successes achieved by the government, the
Vietnam Fisheries Association and Vietnamese businesses, both anti-
dumping investigations of pangasius and shrimp from the United
States against Vietnam have been carried out. As a result, dumping
has caused considerable damage to the domestic industry of the
United States, and has been subject to high tax rates and, to date, both
shrimp and tra fish (two key aquatic products). Vietnamese products)
have not yet escaped from that tax upon the expiry of the initial tax
period (5 years).
3.4.3. Reasons for limiting the ability to respond to non-tariff
barriers of Vietnam's seafood industry
3.4.3.1. For technical barriers
Limited physical capital resources
Limited human resources
Restrictions on production and distribution system (seafood
supply chain)
Restrictions on the State's policy environment.
3.4.3.2. For Temporary Barriers
First, Vietnam has not been recognized by the United States as
a market economy.
Secondly, industry structure characteristics
Third, fisheries enterprises lack the legal background and
experience in resolving international judicial disputes.
Fourth, US law protects the interests of domestic producers at
the maximum.
CHAPTER 4
SOME RECOMMENDATIONS AND SOLUTIONS TO
RESPOND TO THE U.S. NON-TARIFF BARRIERS TO
VIETNAMESE PRODUCED GOODS
4.1. Trends and objectives of developing Vietnam's seafood
export to the US market
The industry's goal is to maintain a large market share in
traditional markets such as the EU, US and Japan and expand to other
markets in the Asia Pacific region.
4.2. The trend of US non-tariff barriers to Vietnamese
seafood exports
Firstly, actively use trade remedies (temporary barriers) and
address "unfair trade" behaviors.
Second, increasing technical barriers.
4.3. Some solutions to deal with non-tariff barriers in the
US market
4.3.1. Solutions to deal with technical barriers
4.3.1.1. Capital solutions
a. Purpose of the solution Improve the efficiency of capital
sources / investment costs in infrastructure / factory equipment
b. Content of the soluti
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