How Vietnam Response to “Non-Market Economy” Barrier in the “United States” Trade Law

Abstract

Over the last several years, ties between Vietnam as well as the “United States” have continued to progress in a number of directions. While US shipments to Vietnam have surged by over 175 percent in the previous five years, Vietnam’s turnover to US customers has expanded by 230 percent. Vietnam’s greatest export market is the “United States”, and thus the “United States” is now Vietnam’s 10th largest trade partner. Partnership between the two nations is expected to reach $90.8 billion in 2020, the first time it has surpassed the 90 billion dollar mark, with a goal of $100 billion in 2021. Vietnam’s exports are made more difficult by the “non market economy” clause (NME) in U.S. trade remedies, making it harder for “anti-dumping” inspections to be conducted in the “United States”. In the “anti-dumping” litigation, the NME classification that the “United States” now applies to Vietnamese exports is becoming an invisible trade barrier. “anti-dumping” legislation in the “United States” is analyzed in this article to see how it affects Vietnamese exports toward the U.S. market. According to the article, a “non-market economy” concept has been blamed for damaging Vietnam in “anti-dumping” battles with the “United States” and affecting the integrity of commercial transactions throughout the years.