Preferential Rules of Origin in the Law of the WTO and PTAs

Diana E. Wade, Ph.D. (2022), Bocconi University, is a lawyer. She has published articles and chapters on IP and trade law, including in The Southern California Law Review, Semiotic Inquiry, Irish Journal of European Law, and the European Yearbook of International Economic Law.

• Preface and AcknowledgementsAbbreviationsIntroduction1 3D Printing and Advanced Manufacturing: Opportunities to Explore Rules of Origin2 Approach to Exploring Rules of Origin and 3D Printing3 Proposals for Rules of Origin in the Era of Advance Manufacturing and Structure of the Book4 A Quick Note on Terminology1 Preferential Rules of Origin in the WTO Legal Framework1 The Agreement on Rules of Origin: Transitional Provisions for Non-­preferential Rules and Guidelines for Preferential Rules1.1 Non-­preferential Rules of Origin in the Agreement on Rules of Origin1.2 The Common Declaration with Regard to Preferential Rules of Origin2 The Legality of Preferential Rules of Origin in Free Trade Agreements3 The World Customs Organization and the Harmonized System Nomenclature4 Local Content Requirement – Not to Be Confused with Prohibited Local Content Requirement under the SCM and TRIMS Agreements5 Conclusion2 Rules of Origin in the Context of Traditional Manufacturing1 The Wholly Obtained or Produced Criterion2 The Substantial Transformation Criteria: Change of Tariff Heading, Technical Test, and Ad Valorem Percentage2.1 Change of Tariff Heading2.2 Technical Test or Specific Manufacturing or Processing Operations2.3 What is and What is Not Sufficient Processing?2.4 Ad Valorem Percentage3 Cumulation Provisions: Variations on the Ad Valorem Criterion3.1 Cumulation: PEM3.2 Cumulation: US Trade Agreements4 Administration of Rules of Origin: Into the Factory and Customs Offices5 Conclusion3 Exploring Critiques of Preferential Rules of Origin and Positioning Rules in a Framework for Digital Trade1 Rules of Origin: Unpredictable and Not Very Transparent Rules of the Game2 Economic Perspective: With Preferential Rules of Origin, Some States Have a Bigger Piece of the Pie3 How Do You Solve a Problem Like Preferential Rules of Origin?4 Should There Be Next-­Generation Rules of Origin?5 The Role of Rules of Origin in Digital Trade5.1 Rules of Origin for Services and Where to Find Them5.2 Is a 3D File a Good or a Service?6 Conclusion4 Preferential Rules of Origin in the Context of 3D Printing1 The Likelihood that a 3D Printed Product Can Be Wholly Produced in a PTA Territory2 From Ink to Printed Product: A Change of Tariff Heading, but Is It Sufficient Processing to Qualify for Origin?2.1 Is Printing and Post-­Processing Sufficient Processing?2.2 3D Printing: Fewer Parts to Assemble, but Is Assembly Simple?2.3 Application of the Technical Test and Preliminary Conclusions3 Determining the Origin of a 3D Printed Good under CTH with Service and Tangible Inputs3.1 Differences between Classification of Services under GATS and Classification of Goods under the HS3.2 Do 3D Files Undergo Substantial Processing or a Substantial Transformation?4 Ad Valorem Criterion: Which Input Has the Most Value and Where Is It Created?4.1 Value of Traditional Manufacturing Inputs: Materials, Labor, and Direct Overhead4.2 Value of the 3D File4.3 Hybridization of RoO: In Search of the Origin of the Service Input5 Conclusion5 Preferential Rules of Origin for Advanced Manufactured Products: An Opportunity to Modernize Perspectives on Preferential Rules of Origin1 Rules of Origin for 3D Printed Goods and Other Advanced Manufactured Goods: Economic and Trade Policy Concerns2 Modernizing Preferential RoO: Linking Origin Determination of the 3D File to the Origin of the 3D Printed Good2.1 Technical Considerations for RoO for Advanced Manufactured Products2.2 Determining the Value of 3D File3 RoO: Connected to, but Not Dependent on, E-­Commerce Regulation4 A Proposal for a WTO Instrument on Preferential RoO for Advanced Manufactured Goods4.1 Initial Considerations4.2 Designing a RoO Instrument under the WTO5 Tapping into the WTO’s Strengths: Assisting the Trade Community with Designing and Complying with RoO for Advanced Manufactured Products5.1 Activity by the Secretariat and the Committee on Rules of Origin5.2 Collaboration with Participants in Global Trade5.3 Bringing Disputes on RoO for Advanced Manufactured Goods to the DSB5.4 RoO for Advanced Manufactured Goods: An Opportunity for the WTO6 Improving the Preferential Rules of Origin System for All States and Traders, Great and Small7 ConclusionConclusion: A New Horizon for Preferential Rules of OriginBibliographyIndex