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Rules of Origin in International Trade

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ISBN-10: 0521851904

ISBN-13: 9780521851909

Edition: 2008

Authors: Stefano Inama

List price: $160.00
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Description:

This book discusses the different aspects of the rules of origin with a multidisciplinary perspective. It offers the first overview on the status of the negotiations of non-preferential rules of origin under the WTO agreement on rules of origin after more than ten years of negotiations and the possible implications for other WTO agreements. This book deals extensively with preferential rules of origin - both under unilateral trade instruments like GSP, EBA, and AGOA and in free trade areas. Inama analyzes the experience of the United States and the EU in developing the NAFTA and Pan-European rules of origin. He also compares and discusses the parallel experiences of the major southern…    
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Book details

List price: $160.00
Copyright year: 2008
Publisher: Cambridge University Press
Publication date: 2/23/2009
Binding: Hardcover
Pages: 638
Size: 6.25" wide x 9.25" long x 1.50" tall
Weight: 2.134
Language: English

List of Figures
List of Tables
List of Acronyms
Preface
Efforts to Establish Multilateral Rules
The Concept of "Substantial Transformation" and First Attempts to Define It at the Multilateral Level: The Kyoto Convention of 1973 and 2000
The UNCTAD Working Group on Rules of Origin
The Uruguay Round Agreement on Rules of Origin: The Harmonization Work Program of Nonpreferential Rules of Origin
The Agreement on Rules of Origin
The HWP and the Method of Work Adopted by the TCRO to Develop HRO
Adapting the HS to Origin: Some Decisive Technical Issues and Their Implications
Definition of "Assembly" in Machinery
Definition of "Assembly" in Textiles and Clothing
Secondary or Residual Rules of Origin
The Current Status of the Harmonized Nonpreferential Rules of Origin
The Architecture
The General Rules
Outstanding Product-Specific Issues
Fishery Products
Slaughtering
Dairy Products
Coffee Products
Refining Fats and Oils
Refining Sugar and Sugar Products and Molasses
Cocoa Products and Chocolate
Juices and Wines
Mixtures/Blends
Grinding of Spices
Cement
Chemicals
Leather
Textiles and Clothing
Footwear
Coating of Steel Products
Machinery and Electronics
The Chairperson's Proposal on Machinery and Electronic Sectors
Trade Policy Implications of the HWP on Rules of Origin and Other WTO Agreements: The Issue of "Equally all Purposes"
Negotiating Issues and Proposals on the Implications of HWP on Other WTO Agreements
Possible Implications on the Agreement on Implementation of Article VI of the GATT 1994: "Antidumping Agreement"
Possible Implications of Article IX of the GATT 1994: Marks of Origin
Possible Implications of the Agreement on the Application of Sanitary and Phytosanitary Measures
Possible Implications of the ARO on Textiles and Clothing
Section 3 of the ARO on Trade-Related Aspects of Intellectual Property Rights: Geographical Indications
Nonpreferential Rules of Origin and Circumvention
Implementation Issues
Conclusions
Preferential Rules of Origin
The Current Rules of Origin under the Generalized System of Preferences
"Wholly Obtained" Products
Products with an Import Content
Process Criterion
Percentage Criterion
Canada
United States
Russian Federation
Preference-Giving Country or Donor Country Content Rule
Cumulative Origin in the GSP Schemes
The Difference between Full and Partial Diagonal Cumulation
Cumulation under the EC GSP Scheme and EBA
Derogation Procedures from Rules of Origin under the EC GSP Scheme
Cumulation under the Japanese GSP Scheme
Cumulation under the U.S. GSP Scheme
Cumulation under the Canadian GSP Scheme
Rules of Origin under Other Unilateral Trade Preferences: AGOA and the Former Cotonou Partnership Agreement and the EPAs
African Growth Opportunity Agreement
Rules of Origin under the Former Cotonou Partnership Agreement and the Current Interim EPAs
The Trade Preferences for ACP from the Former Lom� Conventions Through the CPA and to EPAs
Rules of Origin, Cumulation and Derogations Procedures under the Former Cotonou Partnership Agreement
Rules of Origin under Interim EPAs and the Cariforum EPAs
Recent Proposal by the EC Commission on New GSP Rules of Origin from 2009
Contractual Rules of Origin in Free-Trade Areas
The EC Pan-European Rules of Origin
The EC Policy on Preferential Rules of Origin: The Progressive Adoption of the Pan-European Rules of Origin
The Common Structure of the Pan-European Rules of Origin
Products Wholly Obtained
Sufficient Working on Processing - The Product-Specific Rules of Origin under the Pan-European Rules of Origin
Product-Specific Rules of Origin Requirements Contained in Annex II of the Protocols Pursuant to Article 6 of the Protocol
Additional Features of the Pan-European Rules of Origin
Insufficient Working or Processing
Explanatory Notes on the List of Product-Specific Pan-European Rules of Origin
Progressive Adoption of the Diagonal Cumulation under the Pan-European Rules of Origin and the Enlargement to the Pan-Euro-Mediterranean Cumulation of Origin
From Diagonal Cumulation under the Europe Agreements to the System of Euro-Mediterranean Cumulation
Recent Developments in the EC Rules of Origin
Rules of Origin of North American Free-Trade Agreement
The Main Criteria for Determining Origin in NAFTA
De Minimis
Regional Value Content in NAFTA
Some Methodologies and Examples of Calculations under the Net Cost Method
Cumulation in NAFTA
Other NAFTA Provisions
NAFTA Rules of Origin for Textiles and Clothing
Automotive Products in NAFTA
The Evolution of the NAFTA Model of Rules of Origin: From NAFTA to CAFTA through U.S.-Chile and U.S.-Singapore and Other FTA Agreements
A Brief Comparison between the NAFTA Model and the Pan-European Rules of Origin Approaches: Techniques and Substantive Requirements
The Economics of Rules of Origin
The Basic Tenets of Rules of Origin and Economics
Recent Developments on the Analysis of the Economic Effects of Rules of Origin
Most Recent Studies on Economics and Rules of Origin: The Elaboration of an Index of Restrictiveness
Some Preliminary Conclusions on the Status of the Economic Analysis on Rules of Origin
Assessing the Impact of Rules of Origin: Evidence from the Utilization of Trade Preferences under the Generalized System of Preferences
Linking Low Utilization of Preferences and Rules of Origin: A Methodology
Drafting Preferential Rules of Origin
Learning Drafting Rules of Origin from the Past: Experience Gained with the Rules of Origin under the GSP
Specific Experiences and Lessons Learned from Drafting and Implementing GSP Rules of Origin
The Definition of Two Categories of Products: Wholly Produced and Products that Have Undergone Substantial Transformation
Negotiations and Experiences on the Definition of the Wholly Produced Criterion
Negotiations and Experiences in Drafting Origin Criteria for the Definition of Substantial Transformation
An Analysis of the Experiences and Lessons Learned under the Process Criterion
An Analysis of the Specific Requirements Related to Selected Products under the Process Criterion
Early Experience and Difficulties with the Issue of Multistage Operations, Double Jumps, and Double Transformations
Some Examples of Product-Specific Experiences under the Process Criterion
Difficulties Experienced by the Introduction of the Harmonized System and the Single List
An Analysis of the Experiences and Lessons Learned under the Percentage Criterion
Experiences and Lessons Learned on Different Draftings of the "Percentage Criterion"
Preliminary Conclusions and Lessons Learned from the Different Drafting of the Numerator under the Percentage Criterion
Preliminary Conclusions and Lessons Learned from the Different Drafting of the Denominator under the Percentage Criterion
Early Experience and Lessons Learned from Utilizing the Percentage Criterion under the GSP Schemes
Difficulties in Interpreting the Terminology Used in the Percentage Criterion
Comparisons of Formulations between Percentage and Process Criteria
Comparison of Substances between Percentage and Process Criterion
Learning Drafting Rules of Origin from the Present
Rules of Origin in AFTA and the ASEAN-China Free-Trade Area
The SADC and COMESA Experience
Mercosur Rules of Origin
Drafting Rules of Origin: Some Lessons Learned and Advice
The Main Actors in Drafting and Administering Rules of Origin
The Main Parameters for Drafting Rules of Origin
A Drafting Dilemma: What Are the Good and Bad Rules of Origin and How Should a Good Rules of Origin Be Drafted?
Defining the Index of Technical Soundness
Suggestions on Defining the Index of Technical Soundness
Defining the Index of Restrictiveness When Drafting Product-Specific Rules of Origin: A Methodology Used in Different Scenarios
The Experience with the EC GSP Rules of Origin
The SADC Experience
The ASEAN-China Free-Trade Experience
Negotiating Product-Specific Rules of Origin in the Context of the Economic Partnership Agreements
The Administration of Rules of Origin
The Administration of GSP Rules of Origin
Issuance of Certificate of Origin Form A or Declaration by Exporter or Importer
Direct Consignment
Arrangements for Administrative Cooperation
The Experience of the United States on Administering Origin
Customs Procedures and Enforcement under AGOA for Textiles and Clothing Products
The Administration of NAFTA Rules of Origin
From NAFTA to the U.S.-Chile Agreement
The EC Experience in Administering Rules of Origin
Procedure for the Issuance of Certificates of Origin EUR.I and EUR-MED
Optional Use of Form EUR and EUR-MED and Mandatory Use of Form EUR.I or EUR-MED
Simplified Procedures for the Issuance of Certificates of Origin: Approved Exporters
Supplier Declarations
Documentary Evidence for the Issuance of Certificates of Origin
Verification of Proofs of Origin
Issuance of Certificate of Origin for Cumulation under the Pan-European Rules of Origin, GSP, Regional Cumulation, and Cotonou Partnership Agreement
Procedure for the Issuance of Certificates of Origin for Cumulation under EC GSP Rules of Origin
Procedure for Issuance of Certificates of Origin for Cumulation under the Former Cotonou Partnership Agreement
The Procedure and Decision Making in the Case of A Posteriori Recovery or Remission of Customs Duties and Origin Verification in the EC
The Procedure for Nonrecovery of Customs Duties after Clearance
The Future of the EC Rules of Origin: The Green Paper on the Future of Rules of Origin in Preferential Arrangements and Recent Developments
Recent Developments Following the Green Paper
Origin Administration and Customs Cooperation in the EC
Experience of OLAF on Origin Investigation
An Overview of EC Judicial Remedies in Matters Related to Origin and Verification Requirements
Index