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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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