I. The Working Group’s Draft of “At Risk” Species is Insufficiently Substantiated
The NOAA’s August 3 Federal Register notice identified thirteen species as “at risk”: Abalone, Atlantic Cod, Blue Crab, Dolphinfish, Grouper, King Crab, Pacific Cod, Red Snapper, Sea Cucumber, Sharks, Shrimp, Swordfish, and Tuna. Although the Working Group was to have “identified appropriate data sources”, “used verifiable data”, and relied on “the knowledge of subject matter experts” to support its determination, there is little transparency or specificity into the data sources or procedures used to generate the preliminary list.
The list of “at risk” species will form the basis of an expensive and complex traceability mechanism that will present significant difficulties for both parties exporting to the United States as well as importers in the United States. It is therefore important for all stakeholders to fully understand the data and process that develop that program. Instead, the Working Group’s conclusions are supported only by vague assertions that do not allow interested parties sufficient information to offer substantive comments. The Working Group is therefore making full and meaningful participation by interested stakeholders impossible, which harms the effectiveness and efficiency of the Working Group and Task Force’s eventual programs. We request that the Working Group amend its “at risk” draft list, particularly by removing shrimp, unless the Working Group can provide full substantiation of its information and rationale. We further request that the Working Group more completely and accurately describe its specific data sources and processes for determining the “at risk” draft list.
II. The Working Group’s Draft Principles Fail to Consider Existing Efforts and Success Combating IUU Fishing
Vietnamese farm products, especially aquaculture shrimp, already use strict traceability and certification protocols. Vietnam has adequately demonstrated that these protocols are sufficient to prevent Vietnamese aquacultured shrimp from species substitution and fraudulent labeling, which are two of the draft principles articulated by the Working Group. Further, the NOAA has never identified Vietnam as a country engaged in IUU fishing in its biennial report to Congress. Therefore, the draft principles as written are likely to lead to duplicative efforts that will waste the resources of all parties involved in future transactions of these products.
The Working Group should revise the draft principles to take into account the historical success of preventing IUU fishing before imposing costly measures on parties exporting products to the U.S. We therefore request that the draft principles specifically provide that products without a demonstrated history of IUU fishing from countries that would be affected by the Task Force’s recommendations be excluded from the “at risk” list.
Further, although the August 3 notice asserts that existing traceability mechanisms will be used as part of the eventual Action Plan, there is no indication of what those may be, and the draft principles do not require their consideration. We therefore request that the draft principles be amended to ensure that the traceability mechanisms put in place by the Task Force do not unnecessarily duplicate existing efforts in the exporting countries.
III. The Task Force’s Traceability Program may be Inconsistent with WTO Obligations
The Task Force has acknowledged that any traceability program it eventually develops must be consistent with all U.S. legal obligations, including those under the World Trade Organization (“WTO”). However, what is publicly available about the Task Force’s traceability program suggests that it will violate legal obligations under the WTO. The current version would likely cause significant compliance costs for foreign exporters by empowering at least Customs and Border Protection, the Food and Drug Administration, and the NOAA to enforce and oversee various aspects of the program. The program would impermissibly impose significant barriers on seafood and fish products’ trade in the United States that U.S.-origin product would not face in violation of the national treatment principle.
Further, the traceability program will necessarily include testing, verification, and certification procedures enforced by several government agencies. It is therefore likely that such stringent measures could create unnecessary obstacles to trade in violation of the Agreement on Technical Barriers to Trade. Indeed, the United States itself has alleged that a similar traceability program for food products is an impermissible technical barrier to trade. Even more surprisingly, the United States has suggested that a Vietnamese law requiring “numerous forms and certificates” to demonstrate food products’ conformity with Vietnamese standards may violate WTO obligations. It is also possible that the standards developed would fail to adequately consider and make use of available international standards as mandated by the Agreement on the Application of Sanitary and Phytosanitary Measures. We therefore urge the Working Group to amend the draft principles to include compliance with all applicable legal obligations.
The draft principles and draft “at risk” list, as currently proposed, would cause significant and unnecessary difficulties for foreign exporters attempting to enter U.S. commerce. VASEP therefore appreciates the opportunity to comment on both drafts and looks forward to collaborating with other stakeholders to ensure that the draft principles and “at risk” list are substantiated, fair, and in compliance with international law. Please do not hesitate to contact the undersigned if you have questions or require further information regarding this submission.
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(seafood.vasep.com.vn) Although Germany’s tuna imports have declined, Vietnam’s tuna exports to the market continue to show positive signs. Notably, export value recovered strongly in Q3/2026, and German import data also show Vietnamese products strengthening their position amid competition among suppliers.
(seafood.vasep.com.vn) Seafood exports are holding double-digit growth, but the opportunities are not spread evenly across product groups and markets. As businesses draw up their plans for 2027, Vietnam Seafood Summit 2026 (VSS2026) offers a chance to look ahead together: what to sell, where to sell it, and how to prepare for growth in the coming years.
(seafood.vasep.com.vn) With less than two weeks to go, the Vietnam Seafood Summit 2026 (VSS 2026) will officially take place in Can Tho. Under the theme “Seafood Market Outlook 2027–2029 – Opportunities and Potential for Double-Digit Export Growth,” the Summit is organized by VASEP at a time when seafood businesses are facing rapid market shifts, changing buyer demand, trade policy changes and growing competitive pressure all at once.
(seafood.vasep.com.vn) On October 28, 2026, the China Fisheries & Seafood Expo opened in Qingdao, China. The expo takes place over three days from October 28 to 30, 2026. This is a prestigious specialized seafood exhibition organized annually by Sea Fare Exposition Inc.
(vasep.com.vn) In the first nine months of 2026, Vietnam’s tilapia exports to the CPTPP bloc reached $7 million, marking a 51% year-on-year increase. The bloc rstands as the fourth-largest market for Vietnamese tilapia, trailing Brazil, the US, and Saudi Arabia.
(vasep.com.vn) VASEP has officially announced the program for Vietnam Seafood Summit 2026 (VSS 2026), featuring five in-depth sessions covering industry outlooks, trade barriers, buyer demand, the domestic market, and solutions to improve productivity and reduce costs across the seafood value chain.
(vasep.com.vn) Vietnam’s shrimp exports reached US$3.7 billion in the first nine months of 2026, up 11% year on year. Although growth has been supported by China and several markets within the CPTPP, momentum is slowing as exports to the United States and the European Union decline. Tariff pressures, international competition, and raw material challenges are creating significant hurdles for exporters in the final months of the year.
(vasep.com.vn) Markets are changing faster, buyer requirements are becoming more demanding, and trade barriers are growing increasingly complex. In this environment, seafood businesses need more than an understanding of current market conditions. They need a longer-term perspective to answer a critical question: Where will growth opportunities come from in 2027–2029, and what should businesses do now to prepare? This is one of the key reasons why VASEP is organizing Vietnam Seafood Summit 2026.
(vasep.com.vn) In the first eight months of 2026, Vietnam’s pangasius exports to the Middle East reached US$113 million, up 7% year on year from the same period in 2025. Growth has become more pronounced in recent months. In August alone, exports to the region totaled US$20 million, an increase of 24%. This indicates that demand for Vietnamese pangasius in the Middle East is gradually recovering after a slowdown in March, although the pace of recovery varies across markets.
(vasep.com.vn) China’s shrimp imports continued to grow strongly in 2026, while Vietnam’s shrimp exports to the market also recorded notable growth. However, behind these positive figures lie two distinct trends: Chinese consumption is growing more slowly than imports, and lobster accounts for a substantial share of Vietnam’s shrimp exports to China, making its product mix significantly different from those of Ecuador and India. Exporters therefore need to assess each segment carefully to understand the opportunities and risks.
VASEP - HIỆP HỘI CHẾ BIẾN VÀ XUẤT KHẨU THỦY SẢN VIỆT NAM
Chịu trách nhiệm: Ông Nguyễn Hoài Nam - Phó Tổng thư ký Hiệp hội
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