Page 174 - CW E-Magazine (5-9-2023)
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Special Report                                                                                                                                                                   Special Report


                                                                                                                        It is crucial to understand that HS
       FTAs at risk: Harmonised system revisions complicate                                                          revisions  do  not  seek  to  amend  the

       rules of origin                                                                                               underlying ROOs; rather, they aug-
                                                                                                                     ment the complexity of rule appli-
                                                                                                                     cation.  Customs  offi cials  necessitate
            ailure to synchronise rules of  formed within this territory, or meet a   RAFAEL CORNEJO                 goods to be categorised according to
            origin with HS revisions can  designated  threshold of value-added   Founding Director                   the current HS version, while ROOs
       Famplify the scope  for  errors  contribution.                      Origen Digital                            mandate  their  classifi cation  in  the
       and fraudulent activities, distorting the                                                                     version  that  defi nes  the  FTA’s  rules.
       objectives of FTAs.               Substantial transformation        SURENDAR SINGH                            Failure to synchronise ROOs with HS
                                           The concept of substantial trans-  Associate Professor                    revisions can amplify the scope for
          Free trade agreements (FTAs) play  formation stands as the most applied   FORE School of Management        errors and fraudulent activities, dis-
       a vital role in global trade by expand-  principle. It stipulates that a good   New Delhi                     torting the intended application of the
       ing market access through the reduc-  undergoes a change in its tariff classifi -  Email: drsurendarsingh@gmail.com  agreement.
       tion or elimination of tariffs among  cation as a result of its production within   JEREMY HARRIS
       participating nations.  These agree-  the  FTA  territory.  This  classifi cation   Economist                  Distorted trade dynamics and origins
       ments substantially reduce the cost of  process involves the utilisation of the   Inter-American Development Bank  within FTAs
       goods and services for both consumers  Harmonised Commodity Description   Washington, D.C                        Our recent article, “Examining Dis-
       and businesses, fostering heightened  and Coding System (referred to as HS),                                  tortions in Rules of Origin Resulting
       trade and spurring economic growth.  whereby ROOs can specify the requi-  The Harmonised System Com-          from Harmonised  System Revisions:  2002 (four revisions behind). Although  FTAs. This issue is pervasive on a global
       It is important to recognize that FTAs  site extent of alteration in this classifi -  mittee  (HSC),  convened by the WCO   A Case  Study of India’s Select  Free  not all HS alterations signifi cantly im-  scale, with substantial portions of trade
       are intricate arrangements that wield  cation between inputs sourced from   and comprised of representatives from   Trade Agreements,” offers an in-depth  pact rule application, our fi ndings indi-  under FTAs prone to misapplication of
       signifi cant  infl uence  over  the  eco-  non-FTA members and the goods traded   member nations, spearheads the evolu-  analysis of the implications stemming  cate that products potentially  affected  ROOs. Governments’ failure  to  main-
       nomies involved.                  under the agreement.  This is impera-  tion and upkeep of the HS. This sys-  from the 2002 HS revision on rules of  comprise 48% of India’s bilateral trade  tain alignment between the rules and
                                         tive to ensure eligibility for tariff-free   tem serves as a critical  instrument  in   origin within India’s FTAs with Japan  with Korea  and 16% of trade with  the corres-ponding HS  version is an
       Rules of origin                   treatment.                       international trade, furnishing a shared   and Korea.                        Japan.                            endemic  concern, one that cannot be
          Within the realm of FTAs, the deter-                            framework for classifying goods and                                                                            excused based on its prevalence across
       mination  of goods’ eligibility  for pre-  HS Coding system        promoting equitable and effi cient trade       Neither of these agreements has   Japan and Korea are not solitary in-  various nations.
       ferential tariffs  is  established through   The HS undergoes updates every fi ve   practices.  Regular  updates  to the HS   been updated to refl ect HS changes; the  stances in India’s FTA landscape. The
       the  application of rules of origin  years under the auspices of the  World   ensure its alignment with the latest   Japan FTA adheres to the 2007 HS ver-  challenge of correctly applying ROOs   [The article fi rst appeared in Policycir-
       (ROOs). These ROOs comprise a set of  Customs Organisation (WCO). This glob-  developments  in the  global  economy,   sion (three revisions  outdated), while  when they remain unchanged amidst   cle, an independent media platform owned
       criteria that a product must fulfi l to be  ally  recognised  system  classifi es  goods   accommodating emerging  technolo-  the Korea agreement aligns with HS  HS revisions is not  unique  to  India’s   by Peninsula Media LLP.]
       classifi ed as originating within the FTA  for customs purposes and is employed by   gies, shifts in trade patterns, and inter-
       territory. The specifi c regulations gov-  more than 200 countries and territories to   national accords.                         Chemical Weekly | Import-Export Data
       erning ROOs differ based on the FTA  facilitate the categorisation of goods for
       and the nature of the product in ques-  import, export, and statistical tracking.   Potential pitfalls of FTAs                           Market Surveys | Directories
       tion. To qualify for preferential tariffs,  The HS is periodically revised to refl ect   Alterations to the Harmonised Sys-
       goods must either be wholly produced  shifts in techno-logy, trade dynamics, and   tem have a direct  impact  on rules of              Business Forums | Expositions
       in the FTA region, substantially trans-  international agreements.  origin within FTAs.  ROOs  predicated
                                                                          on  tariff  classifi cation  modifi cations   The only organisation in India catering exclusively to the needs of the entire chemical industry
                                                                          are  defi ned  with  reference  to  specifi c
                                                                          HS versions. Revisions to the HS can
                                                                          reshape the classifi cation of inputs and                                                 Contact:
                                                                          outputs under the same code. If traders                         SEVAK PUBLICATIONS PVT. LTD.
                                                                          and customs authorities do not correctly
                                                                          apply the rules using the relevant HS                           602-B, Godrej Coliseum, K.J. Somaiya Hospital Road,
                                                                          version, this may render compliance                               Behind Everard Nagar, Sion (E), Mumbai 400 022.
                                                                          with  certain regulations either more
                                                                          manageable or more arduous, contingent                                       Phone: +91-22-24044471 / 72
                                                                          on the sourcing practices of the
           Mr. Rafael Cornejo   Mr. Surendar Singh     Mr. Jeremy Harris                                                                          Email: admin@chemicalweekly.com
                                                                          producer.

       174                                                                 Chemical Weekly  September 5, 2023        Chemical Weekly  September 5, 2023                                                              175


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