Smoked tuna exporters mull WTO suit vs Japan

Filipino exporters of filtered-smoked tuna are planning to file with the World Trade Organization (WTO) an unfair trade suit against Japan, for refusing to lift its nine-year ban on the product.

"Japan, despite several findings that show filtered-smoked treated tuna is safe for human consumption, has repeatedly junked our appeals to allow the resumption of exports of smoked tuna," said Dick Alves who represents the Fresh Frozen Seafood Association of the Philippines (FFSAP) based in General Santos City in Mindanao.

Alves said smoked-tuna exporters are now preparing the groundwork to strengthen their case and will be lobbying for government agencies such as the Department of Agriculture (DA) and the Department of Trade and Industry (DTI) to take the cudgels for the industry.

Japan’s Department of Health and Welfare (DHW) imposed the ban in 1997, contending that filter-smoked tuna from the Philippines failed to comply with the borderline 200 to 500 ug/kg allowable carbon monoxide (CO) residue in smoked tuna, hamachi and tilapia products.

Several studies including one by Japan’s own Toyama University disputed the methodology of the DFW in determining CO levels in smoked tuna, saying it was highly unreliable and that data presented by DHW to support its standards were not properly sampled.

"There is clearly no scientific basis for the ban at all, it is nothing but a non-tariff barrier because right now, the Japanese are using the same method we are using, there is no difference at all and yet, they are exporting heavily this same product that they have banned to the United States," said Alves.

He said the Japanese tuna industry which invested heavily in "super frozen technology" that would enable them to preserve the quality of their sashimi/sushi grade tuna exports for long periods of time felt threatened by the increasing entry of smoked tuna exports from the Philippines.

In the early 1990s, two Philippine frozen tuna processors developed the inexpensive frozen smoked tuna product and began aggressively exporting to Japan. The use of the smoke treatment effectively stopped the browning of tuna meat during the storage even at only -18C, a temperature of a freezing compartment in a domestic refrigerator. Moreover, the color of smoked processed tuna is similar to that of natural tuna meat after thawing and depacking.

Philippine smoked-tuna exporters repeatedly asked Japanese health authorities why they continue to insist that frozen smoked tuna, hamachi and tilapia are hazardous to health.

"There is no proof that frozen smoked tuna is a health hazard. In fact, the US Food and Drug Administration admitted these products do not pose health risks to consumers that’s why it accepted both imported CO-processed and smoked-processed tuna and other seafood products, for as long as they are properly labeled. These products enjoy wide and rapidly growing acceptance in US, Europe and other parts of the world," stressed Alves.

The smoked-tuna exporters are seeking the support of the DA and the DTI, and Congress to have the nine-year ban finally lifted. Currently, the US is the country’s biggest market for the Philippine frozen smoked tuna.

The smoked-tuna sector generates $50- million exports annually and supports about 12,000 buts, but the tuna handline or small-scale tuna fishers that generates 30,000 jobs, are highly-dependent on the exports of smoked tuna.

"The Philippine processors really finds Japan’s ban to be unfair and without valid basis. Without a valid justification for this prohibition, it is for all intents and purposes a protectionist trade barrier intended to deny tuna products access to the Japanese market," said Alves.