Event 14 Oct. 2022
Curtis Provides Capacity Training to the Government of Uganda
more
Event 21 Sep. 2022
Kalidou Gadio Speaks at AIEN 2022 International Energy Summit
Event 06 Jun. 2023
Partner Borzu Sabahi Speaks on Panel in Tashkent Law Spring International Legal Forum in the Republic of Uzbekistan
News 15 May. 2023
Curtis represents e-commerce retailer in its fight to recover monies withheld by PayPal, the global payment giant
Event 08 May. 2023
Partner Irene Petrelli to Participate in ICC YAAF Event
News 02 May. 2023
Curtis Italy with DeA Capital in the Acquisition of Magic S.r.l
Event 07 Jun. 2023
Elisa Botero Speaks on Latin America’s H2 Potential at AIEN’s International Energy Summit
Event 23 May. 2023
Partners Luciana Ricart and Fernando Tupa Will Teach a Workshop on Hearings in Investment Arbitration for Arbanza School of Arbitration’s Online Program
Event 03 May. 2023
Dr. Borzu Sabahi to Speak at ICSID-ADGM Joint Conference: Investment Protection and Armed Conflict
Event 19 Mar. 2023
Sebastiano Nessi speaks at Bahrain Business and Legal Landscape Conference
Event 01 Jun. 2023
Curtis Environmental Chair Charles Howland to Moderate Panel Discussion on Latest Developments in Environmental Due Diligence at ABA Masterclass on Environmental Transactions
News 25 May. 2023
Curtis Files SCOTUS Amicus Brief for Distinguished Law Professors in First Amendment Retaliatory Arrest Case
News 06 Mar. 2023
Russia Sanctions at the First Anniversary: An Overview of Current Sanctions in the US, UK, and EU and How Global Companies Can Navigate Evolving and Conflicting Sanctions Regimes
Client Alert 30 Aug. 2022
The EU Adopts the “Maintenance and Alignment” Sanctions Package
Client Alert 24 Jun. 2021
Update on Virtual Notarization (Executive Order 202.7) During the COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
Update on Virtual Witnessing (New York Executive Order 202.14) During The COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
International Trade
In international trade, the rules of origin are the criteria used by national governments and international trade agreements and treaties to determine the national origin of a product or good. The WTO Agreement on Rules of Origin arising out of the Uruguay round of WTO negotiations was an attempt to harmonize the rules of origin for different countries.
Rules of origin are important because many trade rules, regulations, and laws, provide differential treatment (known as preferential rules of origin) to goods and products based on where they originate from. For example, under the NAFTA rules of origin, certain goods were granted duty-free or reduced tariff treatment.
Different countries determine country of origin rules in different ways. In the United States, for example, Customs and Border Protection will use a number of different rules to determine country of origin, including the “wholly produced” rule, the “de minimis” rule, and the “substantial transformation” rule. Other countries will apply other rules, and many trade agreements provide standards and procedures for determining country of origin.
Free trade areas develop rules of origin in order to differentiate between products made and produced within the free trade region and those without. This way, trading partners of one member of a free trade agreement can’t indirectly make use of the free trade agreement by passing their products through one country and into another.
Origin criterion refers to a condition a product or good must meet before it will be considered to originate from a particular country for the purposes of international trade. For example, one of the origin criteria for the former North American Free Trade Agreement was that it be wholly obtained or produced in a NAFTA member country.
Generally speaking, yes. Tariffs are often applied based on the country of origin test. This is particularly true when a country is a member of a free trade agreement and must differentiate between products produced by a country that is a member of the agreement and a country that is not. Country of origin rules can become complex, however, and many disputes have arisen about how to classify certain goods.
Daniel Porter
Partner
ITC Injury Proceedings
WTO and International Trade Dispute Settlement
Trade Remedy Practice
Economic Sanctions
Washington, D.C.
+1 202 452 7373
Beijing
+86 10 8564 6200
Brussels
+32 2 313 37 31
Geneva
+41 22 718 3500
We use cookies on our website to enhance your browsing experience, match your interests and assess our website performance. We do not share information with any third-party for marketing purposes. Please view our privacy policy to learn more about the use of cookies on our website. By continuing to browse our website, you consent to our use of cookies.