INT’L TRADE LAW
BASIC GATT
PILLARS III
Prof David K. Linnan
USC LAW # 665
Unit Six
GATT PILLARS
RECALL THE FOUR PILLARS
Idea of four pillars within GATT/WTO system:
1.
Most Favored Nations [two weeks ago]
2.
National Treatment [last week]
3.
Trade Liberalization (negotiated tariff reductions in
trade rounds) [this week, customs law]
4.
Non-Tariff Barriers & “Fair Trade” [week after next]
CONSIDER WTO VIDEO AS PRINCIPLES ACROSS DIFFERENT
AGREEMENTS, IDEA ALMOST OF CONSTITUTIONAL
PRINCIPLES
GATT AS CONST
LOOK AT ARTICLES II & VII, RE
SCHEDULE OF CONCESSIONS &
CUSTOMS VALUATION
GATT 1947 AGREEMENT
Look at Art II generally on tariff
negotiations, but also recognition of
things like problems with domestic
law (court decisions, Art II(5)); Art VII
customs valuation
CURRENT TREAT
LOOK AT SUBSIDIARY WTO AGREEMENTS & CODES SINCE
TOKYO ROUND
Agreement on Implementing Art VII (Customs Valuation
Agreement)
Agreement on Preshipment Inspection (but post-9/11 more
issues)
Agreement on Rules of Origin (ROO)
Harmonized Tariff Arrangements
PLUS CONCEPT OF IMPLEMENTATION IN DOMESTIC LAW
(CUSTOMS & IMPORT EXPORT UNDER COMMERCE
DEPARTMENT)
RULES OF ORIGIN
TWO DIFFERENT KINDS OF ROOS
1. Non-preferential identification of goods
as “foreign” (assumption basis in true
info to customers; is this consistent
with open commerce & free markets)
2. Preferential ROOs as with NAFTA,
AFTA benefit of FTA (discuss w/ FTAs)
UNDERLYING ISSUES OF COMPOSITE
GOODS SAME FOR BOTH, DIFFERENT
OUTCOMES (POTENTIALLY FORFEIT VS.
HIGHER TARIFFS)
ROOs II
RE NON-PREFERENTIAL,
SATISFACTORY ID
What is a “conspicuous” marking?
Pabrini v US
[Taiwanese umbrella labels]
IS CARAN D’ACHE PEN MARKING
CONSPICUOUS? WHAT DOES
“SWISS MADE” MEAN?
ROOs III
SUBSTANTIAL TRANSFORMATION RULE ON MIXED
& REWORKED GOODS
1.
Can work both on tariff rates (via
classification) & country determinations
2.
Uniroyal v US
[Topsiders manufactured in part inside &
outside US, elements of rule as “new name,
character or use”?]
WHAT IS RESOLUTION OF CARAN D’ACHE
ASSEMBLY? PAINTING? SCREW TOGETHER?
WHAT?
CUSTOMS ENTRY
CONCEPT OF ENTRY & IMPLICITLY CUSTOMS TERRITORY
1.
Language of customs a geographic one (“behind
customs barrier”), but a legal concept instead with
exceptions
a.
FTZs (beloved of state development officials &
local infrastructure people)
i.
Privileged
ii.
Non-privileged
b.
Bonded warehouses
HOW DOES BMW DEAL WITH IMPORTED PARTS &
ASSEMBLY? STRAIGHT OFF AT PORT OR ENTRY OR VIA
FTZ & WHY?
CLASSIFICATION
HARMONIZED SYSTEM
1.
Interpretation rules
a.
Classification & valuation w/
importer initially
b.
Interpretation
i.
Entireties (finished and
disassembled goods)
ii.
Equal specificity (competing
descrip)
iii.
Essential character (with mixed
good, materials give item its character)
iv.
Heading last in numerical order
v.
Closest heading for analogous
goods
CLASSIFICATION
CLASSIFICATION PROBLEMS
Simod America v US
[Italian shoes, argument about unfinished
footwear vs component treatment under
substantial completeness test, injection
soles]
Marubeni v US
[Nissan Pathfinder, car vs truck treatment
based on 2 versus 4 door config]
VALUATION
METHODOLOGIES
GATT VS US LAW?
Transaction value and form of business
(middleman problem)
Nissho Iwai American v US
[rail cars]
WHAT IS TREATMENT ON WALMART
BUYING FROM CHINA?
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