Rules of Origin (RoO) in International Trade Agreements

[YAGAY andSUN]

Rules of Origin (ROO) are a set of criteria used to determine the national source of a product. These rules are critical in the context of international trade agreements such as Free Trade Agreements (FTAs), Preferential Trade Agreements (PTAs), Comprehensive Economic Cooperation Agreements (CECAs), and Comprehensive Economic Partnership Agreements (CEPAs), where countries provide preferential treatment (such as lower tariffs or duty-free access) to goods originating from the signatory countries. ROO ensure that only products genuinely produced within the trading bloc benefit from these preferential tariffs.

Key Purpose of Rules of Origin

1. Prevent Trade Deflection: ROO prevent goods from non-member countries from taking advantage of preferential trade terms by simply passing through a member country (known as transhipment).
2. Ensure Fair Use of Preferences: ROO ensure that trade preferences (such as reduced tariffs) are granted only to goods that originate within the trade bloc or are sufficiently processed within the signatory countries.
3. Help in Customs Administration: They provide clear guidelines for customs authorities to determine whether a product qualifies for preferential treatment.

Types of Rules of Origin

There are several types of ROO, which can vary depending on the trade agreement, but they typically fall into the following categories:

1. Non-Preferential Rules of Origin

• Definition: These rules are used to determine the country of origin for general customs purposes, not necessarily under any trade agreement. They are used for assessing tariffs, import quotas, and trade statistics.
• Criteria: Often based on criteria like where the product was wholly produced or where its last substantial transformation took place.
• Application: These rules are not linked to any preferential tariffs under FTAs or PTAs.

2. Preferential Rules of Origin

• Definition: These rules are specific to trade agreements and determine whether a product qualifies for preferential tariff treatment (e.g., reduced or zero tariffs) under an FTA, PTA, CEPA, or CECA.
• Criteria: The product must originate from a member country of the agreement or meet specific processing criteria to qualify for preferential treatment.
• Application: Used for tariff reductions or exemptions in trade agreements between countries.

Common Criteria for Rules of Origin

1. Wholly Obtained or Produced
   • Products that are entirely produced or obtained in a member country qualify as originating goods. These include:
     • Goods mined, harvested, or extracted from the member country.
     • Products from animals born and raised in the country.
     • Agricultural products grown in the country.
     • Fishing products from waters under the member’s jurisdiction.

Example: A fish caught in the waters of a country covered under an FTA would be considered as originating from that country.

2. Substantial Transformation (Value Added Criterion)
   • A product is considered originating if it undergoes a substantial transformation (or change) within a member country, meaning that enough processing or value addition occurs to create a new product with a different tariff classification. This is commonly referred to as the HS Code Change rule.
   • Value Added Rules: Some agreements set a minimum percentage of value-added (either as a percentage of cost or price) that must be achieved in the member country.
   • Example: A Tshirt made in one country but sewn from fabric imported from another country may qualify for preferential treatment if the sewing process constitutes sufficient transformation.
3. Regional Value Content (RVC)
   • Definition: The Regional Value Content (RVC) criterion is a common method in many FTAs and PTAs to determine origin. It requires that a certain percentage of a product's value be added within the trading bloc.
   • Formula: RVC = (Ex-works Price−Non-originating materials/Ex-works price) × 100
     • Ex-works price: The price of the product when it leaves the factory.
     • Non-originating materials: The cost of materials that come from outside the trade area.
   • Thresholds: Trade agreements often specify minimum RVC thresholds (e.g., 40%, 60%, 70%) for a product to qualify as originating.

Example: If a car is manufactured in a country under an FTA, and 60% of the parts used in its production come from member countries, it may qualify as an originating product under that agreement.

4. Cumulative Rules of Origin
   • Definition: Cumulative ROO allow countries in an agreement to count processing and value added in all member countries as part of the criteria for origin determination.
   • Example: If a component is produced in one-member country and assembled in another, the total value added in both countries can be counted when determining if the final product qualifies as originating.
5. De Minimis Rule
   • Definition: This rule allows a product to qualify as originating even if a small percentage (typically 10% or less) of its value comes from non-member countries. This is to account for minor inputs that do not substantially change the origin status of the product.
   • Example: A textile product manufactured in an FTA country could still qualify as originating, even if some minor components (such as buttons or zippers) are sourced from outside the region.

Examples of Rules of Origin in Trade Agreements

1. USMCA (United States-Mexico-Canada Agreement)
   • The automobile sector in the USMCA includes strict rules of origin. For example, 75% of the value of a vehicle must be produced within the three countries (Canada, Mexico, and the United States) for it to be considered originating.
   • There are also labor value content rules that require a certain portion of the vehicle's parts to be made by workers earning a certain wage rate.
2. EU-Canada Comprehensive Economic and Trade Agreement (CETA)
   • The CETA agreement allows for cumulative rules of origin, which means that materials from both the EU and Canada can be combined to meet the necessary requirements for origin status.
3. ASEAN-Australia-New Zealand Free Trade Area (AANZFTA)
   • AANZFTA uses a regional value content (RVC) criterion, which requires a certain percentage of the value of a product to come from ASEAN, Australia, or New Zealand for the product to qualify as originating.
4. India-Japan CEPA
   • Under the India-Japan CEPA, substantial transformation and regional value content are often used to determine whether a product qualifies as originating. For instance, the transformation of raw materials into a final product with sufficient added value in either country can result in preferential tariff treatment.

Challenges and Considerations

1. Complexity: Different trade agreements have different ROO, which can create complexity for exporters and importers trying to navigate multiple agreements.
2. Verification: Authorities may require documentation or proof (such as certificates of origin) to verify that a product meets the rules of origin.
3. Transhipment and Fraud: There can be issues with goods being rerouted through a member country to claim preferential treatment, requiring strong verification and enforcement mechanisms.
4. Cost of Compliance: Adhering to ROO requirements may involve additional paperwork, audits, and adjustments in the production process, which can increase costs for businesses.

Conclusion:  Rules of Origin (ROO) play a crucial role in determining eligibility for preferential tariffs under trade agreements. They aim to ensure that only products genuinely produced or sufficiently processed in member countries benefit from trade preferences. Understanding and complying with ROO is essential for businesses engaged in international trade under agreements like FTAs, PTAs, CECAs, and CEPAs, as failure to meet ROO can result in the loss of preferential tariff treatment.