Rules of Origin in the WTO and in Other Free Trade Agreements - An Overwiew

Rules of Origin in the WTO and in Other Free Trade Agreements - An Overwiew PDF Author: Jord Hollenberg
Publisher: GRIN Verlag
ISBN: 3638920828
Category :
Languages : en
Pages : 53

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Book Description
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'

Rules of Origin in the WTO and in Other Free Trade Agreements - An Overwiew

Rules of Origin in the WTO and in Other Free Trade Agreements - An Overwiew PDF Author: Jord Hollenberg
Publisher: GRIN Verlag
ISBN: 3638920828
Category :
Languages : en
Pages : 53

Get Book

Book Description
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'

Rules of Origin in International Trade

Rules of Origin in International Trade PDF Author: Stefano Inama
Publisher: Cambridge University Press
ISBN: 1107081556
Category : Business & Economics
Languages : en
Pages : 1323

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Book Description
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.

Most-favoured-nation Treatment

Most-favoured-nation Treatment PDF Author: United Nations Conference on Trade and Development
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 164

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Book Description
The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.

Origin Management

Origin Management PDF Author: Anne van de Heetkamp
Publisher: Springer Science & Business Media
ISBN: 3642198082
Category : Business & Economics
Languages : en
Pages : 237

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Book Description
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.

Rules of Origin in International Trade

Rules of Origin in International Trade PDF Author: Stefano Inama
Publisher: Cambridge University Press
ISBN: 1009038478
Category : Law
Languages : en
Pages : 1324

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Book Description
This book provides comprehensive, in depth analysis of the different sets of rules of origin adopted by major trading partners, namely EU, US, China and Japan and all trading regions - Asia, Africa and Latin America. It discusses the current status of non-preferential as well as preferential rules of origin in international trade, their evolution over last decades and tendencies for the future. With its multidisciplinary approach, the book's contents provide legal and economic comparative analysis of different sets of rules origin, reviewing their drafting differences and their implications and impact on industrial and investment environments. Drawing from the thirty years' experience of the Author, the book provides insights from trade negotiations along with practical tools for policy makers and practitioners, orientation for the private sector and analytical tools for researchers. A new methodology to draft product specific rules of origin based on an input-output table elaborated by the Author is a distinctive feature of this new edition as well as a new chapter dealing with administrative aspects of rules of origin.

A Handbook on the WTO TRIPS Agreement

A Handbook on the WTO TRIPS Agreement PDF Author: Antony Taubman
Publisher: Cambridge University Press
ISBN: 1107023165
Category : Law
Languages : en
Pages : 411

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Book Description
This handbook provides a comprehensive and non-technical explanation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), later legal instruments, current policy issues and the relationship between TRIPS and public health. It is aimed at an audience including government officials and policy-makers, non-governmental organizations, academics and students.

Preferential Trade Agreement Policies for Development

Preferential Trade Agreement Policies for Development PDF Author: Jean-Pierre Chauffour
Publisher: World Bank Publications
ISBN: 0821386433
Category : Business & Economics
Languages : en
Pages : 537

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Book Description
The Handbook offers an introduction to the key elements of Preferential Trade Agreements (PTAs), addressing the practical economic and legal aspects of the regulatory policies in PTAs.

The Origin of Goods

The Origin of Goods PDF Author: Olivier Cadot
Publisher: OUP Oxford
ISBN: 0191537373
Category : Business & Economics
Languages : en
Pages : 348

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Book Description
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.

Rules of Origin and the Web of East Asian Free Trade Agreements

Rules of Origin and the Web of East Asian Free Trade Agreements PDF Author: Miriam Manchin
Publisher: World Bank Publications
ISBN: 0707061547
Category : Bilateral free trade agreements
Languages : en
Pages : 29

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Book Description
The authors provide an overview of the preferential rules of origin in East Asia, highlighting the aspects that might possibly generate some trade-chilling effects. They review characteristics of existing preferential trade agreements with special emphasis on lessons from the European experience, and analyze some important features of the existing rules of origin in East and South-East Asian regional integration agreements. The empirical analysis of the effectiveness of preferentialism on intra-regional trade flows focuses on the ASEAN Free Trade Area (AFTA), with the aim of providing a rough estimate of the costs of requesting preferences. The results suggest that preferential tariffs favorably affect intra-regional imports only at very high margins (around 25 percentage points). This points to the likelihood of high administrative costs attached to the exploitation of preferences, particularly with regard to the compliance with AFTA's rules of origin.

International Trade: Rules of Origin

International Trade: Rules of Origin PDF Author:
Publisher: DIANE Publishing
ISBN: 1437980767
Category :
Languages : en
Pages : 22

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Book Description
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.