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This book provides comprehensive, in-depth analysis of the different sets of rules of origin adopted by major trading partners and worldwide, as well as efforts to establish multilateral rules at WTO and WCO. It discusses the status of non-preferential as well as preferential rules of origin in international trade, their evolution during the last decades and their tendencies and future. With its multidisciplinary approach, this book's contents provide comparative analysis of the relevant legal and economic features of different rules origin compilation sets, reviewing their drafting differences and their implications and impact on the economic and industrial environments. This edition has been updated and expanded to include the latest developments on rules of origin at multilateral level in WTO and WCO and on rules of origin in recent FTAs. Drawing from his thirty years of experience, Stefano Inama provides insights from trade negotiations along with practical tools for policy makers and practitioners, orientation for the private sector and analytical tools for researchers.
This book offers after more than ten years of negotiations the first overview of the status of the negotiations of non-preferential rules of origin under the WTO agreement on rules of origin and the possible implications for other WTO agreements.
Thorough examination of the question of importance and controversy in trade between nations
Determining the country of origin of a product is important for properly assessing tariffs, enforcing trade remedies (such as antidumping and countervailing duties) or quantitative restrictions (tariff quotas), and statistical purposes. Other commercial trade policies are also linked with origin determinations, such as country of origin labeling and government procurement regulations. Rules of origin (ROO), used to determine the country of origin of merchandise entering the U.S. market, can be very simple, noncontroversial tools of international trade as long as all of the parts of a product are manufactured and assembled primarily in one country. However, when a finished product's component parts originate in many countries, as is often the case in today's global trading environment, determining origin can be a very complex, sometimes subjective, and time-consuming process. This report deals with ROO in three parts. First, we describe in more detail the reasons that country of origin rules are important and briefly describe U.S. laws and methods that provide direction in making these determinations. Second, we discuss briefly some of the more controversial issues involving rules of origin, including the apparently subjective nature of some CBP origin determinations, and the effects of the global manufacturing process on ROO. Third, we conclude with some alternatives and options that Congress could consider that might assist in simplifying the process.
Origin Management describes a holistic approach that allows internationally operating companies to benefit from reduced import duty rates within Free Trade Agreements (FTAs). Through the creation of a single, auditable, and global platform, companies are enabled to successfully claim preferential origin and sustain, review and audit preferential treatment claims. Seeking to provide a comprehensive treatment of origin management for a professional audience, this book outlines the underlying theoretical concepts and legislative frameworks, and presents practical implications and guidelines for a successful origin management program as part of a strategic sourcing initiative. The authors advocate an approach that involves sharing and distributing information and resources throughout the company and the supply chain, resulting in competitive advantages, synergies, and a central information point for all origin associated issues.
In an era where services play an increasingly vital role in servicified global value chains, this insightful book provides a comprehensive study of legal aspects of rules of origin for services and their importance in international trade.
The dark side of preferential trade agreements, Rules of Origin (RoO) are used to determine the eligibility of goods to preferential treatment. Ostensibly meant to prevent the trans-shipment of imported products across Free Trade Agreement borders after superficial screwdriver assembly, they act in reality as complex and opaque trade barriers. This book provides evidence strongly suggesting that they do so by intent rather than accidentally—-in other words, that RoOs are policy. Part one draws insights about the effects of RoOs on cross-border trade and outsourcing from recent economic theory. Part two reviews the evidence on RoOs in preferential agreements around the world, putting together the most comprehensive dataset on RoOs to date. Part three explores their "political economy"—-how special interests have shaped them and continue to do so. Part four provides econometric evidence on their costs for exporters and consequent effects on trade flows. Finally, part five explores how they affect trade in the developing world where they spread rapidly and have the potential to do most harm. Beyond the collection of new evidence and its interpretation in light of recent theory, the book's overall message for the policy community is that RoOs are a potentially powerful and new barrier to trade. Rather than being relegated to closed-door technical meetings, their design should hold center-stage in trade negotiations.
Seminar paper from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A-; 16 Punkte, Suffolk University Law School (International Law), course: International Trade Regulations, 18 entries in the bibliography, language: English, abstract: One of the main objectives of rules of origin should be uniformity and simplicity in their administration. Although this is not always true, developing and developed countries have undertaken the task towards simplification, harmonization and liberalization of rules of origin. This harmonization work has been carried out under the auspices of the Committee on Rules of Origin (CRO) of the World Trade Organization (WTO) and the Technical Committee on Rules of Origin (TCRO) of the Brussels-based World Customs Cooperation Council, which has been responsible for the technical part of the work, including discussions on the rules of origin options for each product. After all, an Agreement on Rules of Origin (ARO) was established in the WTO. This 'first-ever' agreement is designed to harmonize and to clarify non-preferential rules of origin for goods in trade on the basis of the substantial transformation test. The WTO wants to ensure that their rules are transparent and do not distort or disrupt on international trade, that they are administered in a consistent, uniform, impartial and reasonable manner, and that they are based on a positive standard. That means the ARO in WTO wants to state what does confer origin rather than what does not. This work wants to give an overview about - 'Non-preferential Rules of Origin', especially the dispute concerning the New American Rules of Origin for Textile Products among the European Communities and the United States (WT/DS85;WT/DS151) - 'Preferential Rules of Origin' - 'Rules of Origin as a Trade Barrier' - 'Rules of Origin as a Factor of Production'