Identifier
Created
Classification
Origin
07HANOI772
2007-04-25 10:24:00
UNCLASSIFIED
Embassy Hanoi
Cable title:  

COMMERCE A/S DAVID SPOONER ADDRESSES CONCERNS OVER APPAREL

Tags:  ETRD ECON KTEX WTRO VM 
pdf how-to read a cable
VZCZCXRO6231
OO RUEHHM
DE RUEHHI #0772/01 1151024
ZNR UUUUU ZZH
O 251024Z APR 07
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5219
INFO RUEHHM/AMCONSUL HO CHI MINH 2945
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
UNCLAS SECTION 01 OF 04 HANOI 000772 

SIPDIS

SENSITIVE - DO NOT POST ON INTERNET
SIPDIS

STATE FOR EAP/MLS AND EEB/ABT
STATE ALSO PASS USTR DBISBEE
COMMERCE FOR A/S SPOONER AND 4430/MAC/AP/OPB/VLC/HPPHO

E.O. 12958: N/A
TAGS: ETRD ECON KTEX WTRO VM
SUBJECT: COMMERCE A/S DAVID SPOONER ADDRESSES CONCERNS OVER APPAREL
MONITORING SYSTEM

Ref: USDOC 03281

UNCLAS SECTION 01 OF 04 HANOI 000772

SIPDIS

SENSITIVE - DO NOT POST ON INTERNET
SIPDIS

STATE FOR EAP/MLS AND EEB/ABT
STATE ALSO PASS USTR DBISBEE
COMMERCE FOR A/S SPOONER AND 4430/MAC/AP/OPB/VLC/HPPHO

E.O. 12958: N/A
TAGS: ETRD ECON KTEX WTRO VM
SUBJECT: COMMERCE A/S DAVID SPOONER ADDRESSES CONCERNS OVER APPAREL
MONITORING SYSTEM

Ref: USDOC 03281


1. (SBU) Summary: In a much anticipated April 19 visit, Department
of Commerce (DOC) Assistant Secretary for Import Administration
David Spooner addressed concerns over the U.S. Textile and Apparel
Products from Vietnam Monitoring Program with Vietnamese garment and
apparel manufacturers, U.S. importers and Government of Vietnam
(GVN) officials. The GVN and industry members from both countries
stressed that the uncertainty surrounding the monitoring program is
having a "chilling effect" on exports to the United States.
Consistent with past statements, Trade Minister Tuyen and other GVN
officials pressed the Assistant Secretary to abolish the monitoring
system, which it considers inconsistent with the WTO principle of
non-discrimination. The Assistant Secretary underscored to
audiences throughout the day that the U.S. Administration cannot
retract its commitment, but is working to develop a fair and
transparent monitoring system that does not inhibit legitimate
trade. Overall, the Assistant Secretary's visit appears to have
eased some of the tension surrounding this sensitive issue, and
generated a number of positive articles in the Vietnamese press.
End Summary.

U.S. IMPORTERS SEEK MORE CLARITY
--------------


2. (SBU) Commerce Department Import Administration Assistant
Secretary David Spooner had a series of productive meetings with the

SIPDIS
private sector and Vietnamese government officials in Hanoi on April

19. The purpose of his visit was to address concerns over the U.S.
Textile and Apparel Products from Vietnam Monitoring Program with
Vietnamese garment and apparel manufacturers, U.S. importers and
Government of Vietnam (GVN) officials. During an informal breakfast,
an AmCham Apparel Committee meeting and an AmCham luncheon, U.S.
importers and retailers explained that uncertainty surrounding the
basis for a potential dumping case is affecting their decisions to
source further apparel orders in Vietnam.


3. (SBU) Industry representatives asked for more clarity on what

would trigger an Administration decision to self-initiate a dumping
investigation - a sharp increase in export volume, a rapid decline
in per unit prices or some other indicator. They warned that the
industry's uneasiness will become evident in the third and fourth
quarters of 2007, when a drop in back-to-school and holiday orders
will result in lower figures compared with last year. They
explained that Vietnam's inexpensive yet high-quality workforce
gives it unique advantages over other potential sources, but the
risk of a potential dumping case is steering many firms to purchase
from less-desirable locations. Some retailers warned that they
would likely pull out of Vietnam if "action is taken," while others
indicated it would significantly impact their purchases. Pointing
to the fact that a 1989 U.S. textile anti-dumping case against
Taiwan "killed the industry" there, all retailers agreed that an
anti-dumping case in Vietnam would negatively impact customer
confidence on the part of U.S. retailers.


4. (SBU) Assistant Secretary Spooner stressed that DOC is still
working to develop the parameters of the monitoring system, but
assured industry representatives that no determination or "back room
deal" has been made to self-initiate a dumping case. He continued
by explaining that U.S. anti-dumping laws are designed to prevent
price discrimination (i.e., selling products in the United States
for lower prices than in Vietnam),and that rising export volume or
falling average prices can occur without dumping. The Import
Administration will conduct its first semi-annual review of imports
after it has a full six months of data, which it expects will occur
in late August or early September. While refusing to speculate on
what the data might show, the Assistant Secretary expressed his hope
that the review will show no evidence of price discrimination. His
office will conduct a broad analysis of the data first, and would
only investigate further if the data warrants. For example, a sharp
drop in per unit price might cause DOC to review the data more
closely, but A/S Spooner affirmed that lower prices would not
automatically trigger an investigation.


5. (SBU) The high level of investment and technology required to
open a garment factory means that once a company moves its orders
from Vietnam to another country, those orders may never come back,
industry members cautioned. The Assistant Secretary noted his
understanding that capital is highly risk averse, but that part of
the concern and reaction by the industry may be due to a lack of
familiarity with U.S. anti-dumping laws. There must be both
standing and injury to initiate a dumping case, and the leap from
monitoring to a dumping investigation was quite large, A/S Spooner
said. He urged industry members to work with their Vietnamese
partners to minimize the risk of a dumping case by encouraging
Vietnamese manufacturers to develop transparent record keeping

HANOI 00000772 002 OF 004


practices. He also encouraged them to provide Commerce with
detailed information on what products U.S. firms were sourcing in
Vietnam, and how those goods differ from apparel products
manufactured in the United States.


6. (SBU) U.S. retailers and importers hold different opinions on
MOT's recently-instituted export licensing system, which the
Ministry claims to have implemented to lessen the threat of a U.S.
anti-dumping case. While some hail the system as an effective way
for the GVN to maintain greater visibility and prevent
transshipments, others fear that a price-based licensing system will
limit their ability to increase sourcing orders in Vietnam in the
future. Assistant Secretary Spooner commented that he is not
familiar with how the licensing system operates. (Note: In a later
meeting, GVN officials explained that the licensing system entails
no limitations, it is simply intended to aid data-gathering efforts.
The GVN agreed to share this data with DOC via email. End note.)
His primary concern, however, is that the system not create
additional burdens or requirements which further impede trade. He
also noted that the World Trade Organization (WTO) agreement on
licensing systems permits the implementation of a licensing regime,
but puts forward a number of criteria for such systems, including
transparency, objectiveness and predictability.

VIETNAMESE APPAREL PRODUCERS ALSO EXPRESS CONCERNS
-------------- --------------


7. (U) The Vietnam Textile and Apparel Association (VITAS) organized
a briefing attended by more than 60 representatives from the
Vietnamese industry. VITAS's opening presentation gave an overview
of the domestic industry. In one slide, VITAS showed that apparel
exports to the United States have grown from USD 45 million in 2001
to USD 3.18 billion in 2006 (54 percent of total industry exports).
VITAS estimated that the figure would further climb to USD 3.8
billion in 2007. Another slide showed that Vietnam ranks 9th in the
world in terms of quantity of exports to the United States (with 2.2
percent market share) while it ranks 6th in terms of value (3.65
percent market share). VITAS also provided statistics showing that
the average unit value of garment and apparel exports from Vietnam
exceed the world average, and is higher than many other major
apparel exporting countries including China, India, Bangladesh and
Mexico.


8. (SBU) In his opening remarks, Assistant Secretary Spooner
repeated that Commerce is working to develop the mechanism fairly
and transparently. He informed the attendees of the April 24 public
hearing in Washington, DC and invited all interested parties to
submit comments for the hearing, either orally or in writing.
Noting the impressive performance of the Vietnamese industry
depicted in the VITAS slides, A/S Spooner assured the group that the
United States does not want the monitoring system to hinder that
growth in any way.


9. (SBU) In the Q&A session, manufacturers asked about the
conditions under which Commerce would initiate a dumping case. The
Assistant Secretary explained the concept of price discrimination
and the fact that increased export volume or falling prices will not
automatically trigger an investigation. In response to questions
about designation of a surrogate country given Vietnam's non-market
economy status, Mr. Spooner said that DOC has not yet chosen one,
and if the six month review of import data does not show signs of
dumping, Commerce may not need to. In order to account for
post-quota natural price drops, a concern raised by attendees, he
asked attendees to supply any information they can on anticipated
price changes. A/S Spooner also asked for details on the products
they are making in Vietnam to determine accurately what products
directly compete with U.S.-made goods. On the legality of a
monitoring system under the WTO, countries have broad discretion to
monitor imports, the Assistant Secretary said, and legal obligations
only enter if the United States takes action on that information.


GVN OFFICIALS DECRY MONITORING AS DISCRIMINATORY
-------------- ---


10. (SBU) In a roundtable session, officials from the Ministry of
Trade (MOT) and Ministry of Foreign Affairs (MFA) pointed to the
"chilling effect" the U.S. monitoring mechanism was having on
apparel manufacturing in Vietnam and on the sector's ability to
attract new domestic and foreign investment. They pressed the
Assistant Secretary to revoke the "discriminatory" program as soon
as possible. A particular concern is the impact a slowdown will
have on the nearly 6 percent of Vietnam's workforce currently
employed in this sector, one MOT official noted. Most Vietnamese
apparel exports do not directly compete with products manufactured
in the United States, and the officials requested that if the

HANOI 00000772 003 OF 004


program is not revoked, the DOC should at least restrict the number
of categories that it monitors. On average unit pricing, the GVN
noted that after quotas were lifted in 2004, other ASEAN countries
experienced a 10 to 30 percent natural price drop due to the removal
of quota rent and other factors. MOT officials urged Commerce to
consider this when reviewing Vietnamese apparel export data.


11. (SBU) A/S Spooner responded that he understands Vietnam is
dissatisfied with this program, but that the U.S. Administration
would not rescind its commitment to Senators Dole and Graham to
monitor Vietnamese apparel imports. He continued by expressing his
interest in working with the GVN to implement the commitment in a
transparent manner with as limited an impact on trade as possible.
He explained his hope that the first six months of data will show
there is no cause to initiate a dumping investigation, but any
decision he made would have to be based on what the data showed. He
also agreed that the United States wants to limit the number of
product categories that it is monitoring to those which directly
compete with U.S. made products, and therefore asked Vietnam to
provide as much information as possible about the types of products
that Vietnam is manufacturing. On the pricing point, Mr. Spooner
explained that DOC will take this into consideration when reviewing
the data.

MINISTER TUYEN EMPHATICALLY OPPOSES DOC MONITORING
-------------- --------------


12. (SBU) In a later meeting, Minister of Trade Truong Dinh Tuyen
delivered a more sharply worded message. The Minister emphatically
protested that he was "unwilling to accept the monitoring program."
While recognizing that the WTO does not have agreements prohibiting
such programs, Minister Tuyen explained that by limiting monitoring
activities to only imports from Vietnam, the United States is
violating the basic WTO principle of nondiscrimination. In addition
to conveying the official GVN message that the DOC should abolish
the monitoring program, MOT will continue to "do everything possible
to protest" the system, including consider the possibility of
bringing the monitoring program before the WTO. Vietnam will cease
its protests when the United States either abolishes the program
entirely, or expands the program to monitor other countries, Tuyen
said.


13. (SBU) The Minister continued by explaining that the MOT has
instructed all Vietnamese garment and apparel manufacturers not to
subsidize production or export products at prices below the domestic
level. He repeated the other MOT officials' earlier calls for
consideration of a natural price drop in Vietnamese exports this
year.


14. (SBU) Assistant Secretary Spooner reiterated that the
Administration would not back away from its commitment to have the
Department of Commerce monitor apparel imports from Vietnam. He
committed to work with Vietnam, however, to minimize the impact on
trade between the two countries, noting his disappointment that
uncertainty surrounding the mechanism has already affected Vietnam's
apparel business. The Assistant Secretary recognized that, based on
the record of apparel imports from other countries in a post-quota
world, it would not be surprising for there to be a natural price
drop in apparel imports from Vietnam, and agreed his office would
account for this in its review. Stressing the message of
transparency and objectivity, A/S Spooner said that anti-dumping
reviews are factual investigations conducted in a quasi-judicial
process, and determinations will be made without the interference of
political pressure.


15. (SBU) Minister Tuyen thanked Assistant Secretary Spooner for the
recent visit of anti-dumping officials from the DOC Import
Administration and also for his personal trip, which will allow the
Assistant Secretary to understand Vietnam's concerns first-hand. He
closed by saying that A/S Spooner's visit will have a good impact on
our bilateral relationship.

A/S SPOONER DELIVERS A MESSAGE ON HUMAN RIGHTS
-------------- -


16. (SBU) Assistant Secretary Spooner also raised growing concerns
in Washington and the United States about human rights in Vietnam in
his meeting with Minister Tuyen.

Comment
--------------


17. (SBU) Assistant Secretary Spooner's visit has helped to reduce
some of the tensions around the highly-sensitive issue of the
apparel monitoring system. Industry representatives and GVN
officials appreciated the opportunity to express their views

HANOI 00000772 004 OF 004


directly to the Assistant Secretary. His presence in Vietnam also
reinforced the message that the United States is actively seeking to
work with Vietnam to minimize the negative impact on trade of the
monitoring system. A roundtable with Vietnamese reporters resulted
in a number of positive press pieces, including Vietnam Investment
Review's April 23 article, "DOC Calms Exporters' Nerves," Nhan
Dzan's April 20 article, "U.S. Official Says Mechanism On Vietnam's
Garments to be Transparent," and Thanh Nien's April 19 article,
"Program won't Harm Vietnam Textile Exports, Assures U.S." While
the trip did not entirely placate Vietnam's concerns, these articles
show that it did help to ease anxieties here. It is also apparent
that the main messages of transparency and cooperation came across.
End Comment.


18. (U) This cable has been cleared by Assistant Secretary Spooner.


MARINE