Rules of Origin in International Trade: A Comparative StudyEdwin A. Vermulst, Paul Waer, Jacques Bourgeois, Jacques H. J. Bourgeois University of Michigan Press, 1994 - 503 pages Rules of origin are becoming more and more important and controversial in international trade relations. It is increasingly realized that such rules have the potential to be used as trade-restricting and trade-distorting measures. The strong movements to establish regional trade blocs and the simultaneous increase in the use of discriminatory trade measures will further increase the importance of rules of origin and the part they play in tensions over international trade. Rules of origin are complex, factual, and contentious. To present a broad perspective on the subject, the editors of this book decided to seek contributions from practitioners rather than administrators. The heart of the book examines the practices of five major trading bodies: the United States, the European Community, Japan, Australia, and Canada. In an important concluding chapter the country studies are treated comparatively and are contrasted with the draft GATT Code on rules of origin. |
Contents
An Introduction | 1 |
The Economics of Rules of Origin | 7 |
Services | 19 |
Rules of Origin in the United States | 27 |
Nonpreferential Rules of Origin | 31 |
Preferential Rules of Origin | 58 |
Rules of Origin in the Context of Antidumping Proceedings | 73 |
European Community Rules of Origin | 85 |
Rules of Origin in the Context of Competition Law | 333 |
Appendix 1 2 3 | 344 |
Rules of Origin in the GATT | 355 |
New efforts in the Uruguay Round | 363 |
Conclusion | 388 |
Section 1 | 395 |
Section 2 | 403 |
Section 3 | 409 |
Preferential Rules of Origin | 144 |
Origin Rules and Antidumping | 159 |
Other Problems | 179 |
Conclusions and Recommendations | 186 |
Nonpreferential Rules of Origin | 217 |
Rule of Origin in Other Contexts | 244 |
Canadian Rules of Origin | 257 |
Country of Origin in Safeguard Proceedings | 295 |
Japanese Rules of Origin | 301 |
Section 4 | 419 |
Rules of Origin as Commercial Policy Instruments? | 433 |
Preferential Rules of Origin | 457 |
Rules of Origin in the Context of Antidumping Proceedings | 466 |
Conclusions and Recommendations in the Light | 472 |
Selected Bibliography | 485 |
Contributors | 491 |
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Common terms and phrases
35 percent administrative Agreement Anheuser-Busch Annex antidumping duties apply assembly operations Australia Basic Origin Regulation beneficiary country Canada certificates of origin change of tariff chapter Commission Regulation EEC components concerning confer origin considered Contracting Parties cost Council Regulation EEC country of export country of origin court criteria criterion Customs Act Customs Law Customs rules Customs Service Customs Tariff decision determining the origin developing countries dumping economic European Community fabrics factory factory overheads Ferrostaal GATT harmonization Hong Kong Ibid implementing industry integrated circuits interpretation issue Japan Japanese Kyoto Convention last substantial last substantial transformation manufacture Member MITI's nonpreferential rules Origin Committee Papua New Guinea percentage photocopiers preference preferential rules procedure process or operation processing operations provides purposes question result rules of origin Section substantial transformation supra note tariff heading technical textile third country transhipment treatment Tribunal United value added Zealand