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VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

TRAN MINH NGUYET

US NON-TARIFF BARRIERS
TO VIETNAMESE SEAFOOD EXPORT

Major: International Economics
Code: 93 10 106

DISSERTATION SUMMARY OF INTERNATIONAL
ECONOMICS

HANOI - 2020


The work was completed at: Graduate Academy of Social Sciences
- Vietnam Academy of Social Sciences

Scientific instructors: 1. Assoc. Prof. Dr. Chu Duc Dung

2. Dr. Nguyen Quoc Toan

Reviewer 1: Assoc. Prof. Dr. Bui Tat Thang
Reviewer 2: Assoc. Prof. Dr. Ha Van Hoi
Reviewer 3: Assoc. Prof. Dr. Ngo Thi Tuyet Mai

The dissertation will be defended in front of the Academy-level
Judging Council meeting at ……
at ……… .. ……. hours ………… minutes, date ……… month
……… .year ……………… ..

The dissertation can be found at the library:
- Library of Graduate Academy of Social Sciences
- Vietnam National Library


PREFACE
1. The urgency of the topic
The study of non-tariff barriers has never become as urgent as
the globalization and regionalization process has become increasingly
powerful. According to WTO regulations, countries must not impose
too much tax on imported goods, therefore, all countries, both
developed and developing, are actively applying non-tariff measures
to replace measures. customs legislation to protect domestic
production. One of Vietnam's major export industries, which is
heavily affected by these non-tariff barriers, is the fisheries sector.
The United States is considered as one of the key markets for
Vietnam's export-import products because it is a densely populated
market with diverse tastes and great annual consumer demand for
seafood. In recent years, the United States has maintained its position
as the leading import market of Vietnam, accounting for about 20%
of the total export value of this item. However, in recent years,
Vietnam's tra and shrimp products have not been subject to
antidumping duty and anti-subsidy from the United States. In the
coming time with the protectionist policy of President Trump, the
United States will not hesitate to increase administrative measures,
discrimination, sanctions or stricter technical standards to prevent
imports. when their domestic production is threatened. These issues
have been causing a lot of difficulties and economic losses for
exporting enterprises and affecting the strategic goals of Vietnam's


fisheries development. In this context, a comprehensive study of nontariff barriers to provide scientific justification for negotiations,
requires US partners to open markets and find appropriate measures
to overcome. The barriers, thereby boosting Vietnam's seafood
exports, are a truly necessary work both in theory and practice today.
2. The research purpose of the dissertation
Research and clarify scientific and practical arguments on the
non-tariff barriers of the United States to Vietnam's export. Since
then, we have proposed a number of solutions to deal with NTBs in
order to boost Vietnam's export to the US market.


3. Object and scope of the dissertation
Research subjects Study non-tariff barriers that the United
States is applying to Vietnam's export and import goods. Research
scope - Regarding the scope of time: the thesis will focus mainly on
the period from 2002 to 2018. - Regarding the spatial scope:
Researching NTBs of the United States on Vietnam's export-import
goods.
Regarding the content scope:
+ The thesis will focus on the system of non-tariff barriers for
two (02) key export and export product groups of Vietnam in the US
market, namely shrimp and catfish.
+ The dissertation will focus on (02) groups: technical barriers
and anti-dumping barriers
4. Research questions and hypotheses
In summary, the dissertation addresses the following research
questions:
(1) In the period of 2002 - 2018, what were the most frequent
and most difficult non-tariff measures faced by Vietnamese seafood
enterprises in the US market?
(2) How does the US non-tariff barrier affect Vietnam's
seafood exports?
(3) How did Vietnam's export businesses respond to the
impact of non-tariff barriers 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 nontariff 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 exportimport 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 NONTARIFF 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 antibarriers. 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

Associate
capacity

Capacity to cope
with non-tariff
barriers

State

Business
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 fourparty 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,%)
tems

eafoo
d

I
008

2
009

2
010

2
011

2
012

2
013

2
014

2
015

2
016

2
017

2
018

2

S
44,6

7
11,14
5

7
56

9
.159

1
.166

1
.518

1
.700

1
.310

1
.440

1
.410

1
.600

1

4,4

3
1,2

2
,6

0

3
1,9

1
22,9

,8

6
1,9

4%

1

0

G
rowth
rate

4,5

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

009

2
010

2
011

2
012

98

3
51,1

5
58,5
3
%

5
4
54,5
31
1
18,6% 2,8%

S
hrim
G
rowth
rate

8,5%

2
013

2
014

2

8
.140
8
7,2%

1

2
015

016
6

57
3

09
-

38,3%

%

2
017

2

7
59
8
7%

6
-


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
008
Pangasius
fish
Growth
rate

5

2
009
7
34
8,6

2
010
1
76,6
7
1,8

2
011
1
31,7
3
7,8

2
012
3
58,8
8
,17

2
013
3
80,8
8
,13

2
014
3
36,8
6
11,5

2

2
015

016

3
3
07,44
66
9,5
6

2
017
3
44
1
11

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

2
018
3
30
4


Source: Summary of Report on import rejection “Import
Refusal
Report”
của
FDA,
http://www.accessdata.fda.gov/scripts/importrefusals/
Table 3.5. The main cause of warnings for shrimp and
catfish shipments in the United States (Shipment)
ST
T
1

2

3

4

200
8

200
9

201
0

201
1

201
2

201
3

201
4

201
5

201
6

201
7

Shrimp

18

76

31

24

12

5

7

x

30

5

Pangasiu
s

5

3

28

6

14

4

x

x

x

x

Shrimp

5

24

x

7

10

23

46

36

13

12

Pangasiu
s

6

7

x

4

10

x

4

x

x

x

Shrimp

3

9

x

7

1

2

x

2

3

x

Pangasiu
s

1

x

x

x

1

x

1

x

x

x

Shrimp

1

x

x

3

x

4

4

1

x

x

Pangasiu
s

x

x

x

x

6

x

x

x

x

x

Nguyên nhân

Infection
with
Salmonell
a
Chemicals
and
antibiotics

Dirt

False
Labeling

Source: Summary of Report on import rejection “Import
Refusal
Report”
của
FDA,
http://www.accessdata.fda.gov/scripts/importrefusals/
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
POR 1
POR 2
POR 3
POR 4
POR 5
POR 6
POR 7
POR 8
POR 9
POR 10
POR 11
POR 12
POR 13
POR14

Unit
%
%
%
%
(USD/kg)
(USD/kg)
(USD/kg)
(USD/kg)
(USD/kg)
(USD/kg)
(USD/kg)
(USD/kg)
(USD/kg)
(USD/kg)

Required
Respondent
37,94
6,81
6,81
6,81
0
0
0
0,19
0
0
0
0,69
3,87
0 – 1,37

Voluntary
Defendant
47,05
47,05
47,05
0,52
0,02
0,02
0,02
0,02
2,15
0,97
0,6
2,39
7,74
0,41

General antidumping
tax rate
63,88
63,88
63,88
63,88
2,11
2,11
2,11
0,77
2,11
2,39
2,39
2,39
2,39

Duration of application
1/8/2003 – 31/7/2014
1/8/2004 – 31/7/2005
1/8/2005 – 31/7/2006
1/8/2006 – 31/7/2007
1/8/2007 – 31/7/2008
1/8/2008-31/7/2009
1/8/2009 – 31/7/2010
1/8/2010 – 31/7/2011
1/8/2011- 31/7/2012
1/8/2012 – 1/8/2013
1/8/2013 – 31/7/2014
01/8/2014 31/7/2015
1/8/2015 – 31/7/2016
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:%


Decision date cc

4,3 - 5,24

4,57

General
antidumping
duty
25,76

POR 2
POR 3

02/09/2008
8/9/2009

0
0,08-0,21

4,57%
4,57

25,76
25,76

1/2/2007 - 31/1/2008

POR 4
POR 5
POR 6
POR7
POR8
POR9
POR10
POR11
POR12

29/9/2010
31/8/2011
4/9/2012
10/09/2013
24/09/2014
7/9/2015
7/9/2016
11/2016
8/3/2018

2,95-4,89
0,0-1,15
1,23-1,27
0,0
4,98 - 9,75
0 - 1,39
0,91%
0,91%
25,39%

3,92
1,04
1,25
0,0
6,37
0,91
4,78%
4,78%
25,39%

25,76
25,76
25,76
25,76
25,76
25,4
25,76
25,75%
25,39%

1/2/2008 - 31/1/2009
1/2/2009 - 31/1/2010
1/2/2010 - 31/1/2011
1/2/2011 - 31/1/2012
1/2/2012 - 31/1/2013
1/2/2013 - 31/1/2014
1/2/2014 - 31/1/2015.
1/2/2015 - 31/1/2016
1/2/2016- 31//1/2017

No
POR 1

Mandatory
defendant

Voluntary
Defendant

Duration of
application
16/7/2004 - 31/1/2006

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 antidumping lawsuits
Second, the lobbying work
b. Measures of the fisheries industry association
Industry associations play an extremely important role in antidumping 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 antidumping 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 solution
4.3.1.2. Solutions to access to information
a. Purpose of the solution
Enhancing access to information on trade barriers, new
regulations, technical standards of the US market, towards
sustainable export.
b. Content of the solution
4.3.1.3. Human resource solutions
a. Purpose of the solution - Improve and improve the quality
of human resources - Raising awareness of food safety for workers
b. Content of the solution
4.3.1.4. Solutions on production and distribution systems for
aquatic products
a. Purpose of the solution


- Improve the quality of aquatic breeds.
- Enhancing the cooperation in sustainable food production distribution system
4.3.1.5. Solutions about the policy environment
a. Purpose of the solution - Improve the policy environment to
achieve sustainable export goals, enhance the industry's capacity to
cope with non-tariff barriers in the US market.
b. Content of the solution
4.3.2. Barriers against dumping
4.3.2.1. Solutions to deal with antidumping cases
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
- Cooperating with importers.
- Building a strong brand 4.3.2.2. Defense solutions In
addition to actively responding to anti-dumping lawsuits, the State,
associations and export enterprises also need to take measures to
prevent anti-dumping lawsuits. Specifically: For State agencies Improve the early warning mechanism - The Government needs to
actively promote the transition of the economy to soon be recognized
as a market economy. - Put up barriers For Businesses - Improve
product quality - Diversifying the market, diversifying products Setting up special support fund - Human resource training.
CONCLUSION
In the current deep globalization and regional integration, the
reduction and removal of traditional tariff barriers, and instead the
development of non-tariff barriers (NTBs) is a objective inevitable


trend. NTBs of the US market for Vietnam's seafood exports have
also grown and become more and more sophisticated and
sophisticated to protect the domestic industry, greatly hindering the
seafood export activities of Vietnam. our country. This poses a
number of difficulties and challenges for both the State and the
Vietnamese business community in responding to NTBs of the US
market in order to boost the export of aquatic products and realize the
overall strategic goal. develop the fisheries sector to 2020, with a
vision to 2030, especially in the current practical conditions,
Vietnam's capacity to respond to barriers is limited in many aspects
such as physical resources, human resources, and benefits.
competitive position of the industry and the policy environment of
the state.
In this context, the PhD student has implemented the doctoral
thesis topic "The US non-tariff barriers to Vietnam's seafood exports"
with the desire to contribute to providing scientific and practical
arguments for proposing solutions to deal with non-tariff barriers in
the US market, boosting Vietnam's seafood exports


LIST OF RESEARCH WORKS PUBLISHED BY THE
AUTHOR
T

Name of research work

Source posted

T
1
Some current seafood safety
regulations in the United States
US technical barriers to Chinese
2
seafood exports
Vietnam's
shrimp
industry
3
responses to US technical barriers
Some assessments of the US Farm
Act
4
on Vietnamese Pangasius in the
framework of WTO SPS Agreement

Today's American Journal,
No. 06 (219) 2016, pages 18-24.
Today's Americas magazine
No. 08 (233) 2017, pages 59-68.
Today's American Journal
No. 03 (240) 2018, pages 58-68.

Today's American Journal,
No. 05 (254), 2019, pages 33-45.



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