Bipartisan Group Presses for Consumer Protections in Trade Negotiations

Trans-Pacific Partnership Could Open U.S. ToContaminated Seafood

WASHINGTON,DC—Congresswoman Rosa DeLauro (D-CT), Senator Mary Landrieu (D-LA) andCongressman Walter Jones (R-N.C.) pressed the Obama Administration today toensure public health is protected as they continue to negotiate theTrans-Pacific Partnership (TPP) Free Trade Agreement. As a result ofexpanded trade with two particular TPP countries, Vietnam and Malaysia, theUnited States markets could see an influx of imported contaminatedseafood. In a letter to US Trade Representative Ron Kirk, the membersurged him to pursue agreements with these two countries to help ensure theAmerican food supply is kept safe.

"InFiscal Year 2012, imported seafood products from Vietnam, the fifth largestexporter of shrimp to the United States, were refused entry 206 times becauseof concerns including filth, decomposition, drug residues, unapproved foodadditives and Salmonella. "Meanwhile… U.S. Customs and BorderProtection (CBP) and Immigration and Customs Enforcement (ICE) officialsdetermined that some exporters in Malaysia have acted as conduits to transshipChinese shrimp to the United States in order to circumvent both FDA ImportAlerts and antidumping duties," they wrote. "Westrongly believe that these critical food safety issues should be resolved priorto the conclusion of the TPP FTA negotiations in order to best protect thepublic health from these known health risks."

Thefull letter is as follows:

November 29, 2012

TheHonorable Ron Kirk

Ambassador

Officeof the United States Trade Representative

60017th Street NW

Washington,DC 20508

DearAmbassador Kirk:

Wewrite to express our concerns with the potentially negative ramifications theproposed Trans-Pacific Partnership (TPP) Free Trade Agreement (FTA) may have onthe public health. Specifically, we are concerned that if precautions are nottaken the FTA could result in an increase in the amount of contaminated shrimpand other seafood that is imported into the United States. We urge you topursue bilateral agreements with two key countries, Vietnam and Malaysia, toaddress these concerns.

TheFood and Drug Administration (FDA) currently maintains 16 Import Alertsaddressing specific contamination concerns for seafood products entering theUnited States from Vietnam. In Fiscal Year 2012, imported seafoodproducts from Vietnam, the fifth largest exporter of shrimp to the UnitedStates, were refused entry 206 times because of concerns including filth,decomposition, drug residues, unapproved food additives andSalmonella.

Webelieve that past U.S. trade agreements demonstrate that a TPP FTA would likelyresult in further increases in U.S. imports of shrimp and other seafood fromVietnam, and we understand that representatives from your office recognize thepublic health concerns that would result. They have suggested thatthrough improved science-based risk assessments in partner countries asincluded in the SPS Chapter of the TPP FTA, the risk associated with importedseafood will decrease. However, in the case of Vietnam, it is ourunderstanding that a number of legally enforceable regulations, including aMinistry of Fisheries Decision (No. 29/2005/QD-BTS) that required allconsignments of shrimp and other seafood products to be tested before shipmentto the United States, have not been extended or have been revoked. Thiscalls into question whether food safety standards are in fact being raised inthat country.

Meanwhile,Malaysia is the seventh largest exporter of shrimp to the United States. As you know, U.S. Customs and Border Protection (CBP) and Immigration andCustoms Enforcement (ICE) officials determined that some exporters in Malaysiahave acted as conduits to transship Chinese shrimp to the United States inorder to circumvent both FDA Import Alerts and antidumping duties. CBP hastested shipments of suspected Chinese shrimp illegally transshipped throughMalaysia and found contamination. Unfortunately, the Malaysian governmentis not allowing CBP and ICE officials to investigate the facilities ofsuspected exporting firms. According to a May 2012 GovernmentAccountability Office (GAO) report on antidumping and countervailing duties,GAO investigators were given approval by the Malaysian government to visithoney and shrimp producers in that country, but that approval was thenrescinded without explanation. This makes it very difficult to identifythe sources of illegal shrimp and to track possible contaminations.

Westrongly believe that these critical food safety issues should be resolvedprior to the conclusion of the TPP FTA negotiations in order to best protectthe public health from these known health risks. Vietnam has bilateralSPS agreements with a number of countries, including Canada, and we believe asimilar U.S.-Vietnam agreement that puts in place a strict inspection andcertification regime is in the U.S. public's best interest. Such anagreement can, in fact, build on the three-year Memorandum of Understandingsigned by the FDA and Vietnam's Ministry of Health in 2008. Similarly, acooperative agreement with Malaysia that allows CBP and ICE officials access toexporter facilities in order to end Malaysia's circumvention of U.S. law iscritical.

Weappreciate your prompt attention and look forward to working with you on thismatter.

Sincerely,

RosaL. DeLauro

MaryL. Landrieu

WalterB. Jones

Cc:Acting Commissioner David V. Aguilar, U.S. Customs and Border Protection

Director John Morton, Immigration and Customs Enforcement

Commissioner Margaret A. Hamburg, Food and Drug Administration

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