What is ROO?
“Rules of origin” (ROO) are the criteria used to define where a product was made. They are an essential part of trade rules because a number of policies discriminate between exporting countries: quotas, preferential tariffs, anti-dumping actions, countervailing duty (charged to counter export subsidies), and more. This is complicated by globalization and the way a product can be processed in several countries before it is ready for the market.
There is wide variation in the practice of governments with regard to the rules of origin. While the requirement of substantial transformation is universally recognized, some governments apply the criterion of change of tariff classification, others the ad valorem percentage criterion and yet others the criterion of manufacturing or processing operation. In a globalizing world it has become even more important that a degree of harmonization is achieved in these practices in implementing such a requirement.
The Concept of Origin
Origin is the "economic" nationality of goods in international trade. There are two kinds : non-preferential and preferential.
- Non-preferential origin confers an "economic" nationality on goods. It is used for determining the origin of products subject to all kinds of commercial policy measures e.g. anti-dumping measures, quantitative restrictions, tariff quotas, etc. It is also used for statistical purposes. Other provisions, such as those related to public tenders or origin marking, are also linked with the non-preferential origin of the products.
- Preferential origin confers certain benefits on goods traded between particular countries, namely entry at a reduced or zero rate of duty.
Where are rules of origin used? Rules of origin are used:
- to implement measures and instruments of commercial policy such as anti-dumping duties and safeguard measures;
- to determine whether imported products shall receive most-favored-nation (MFN) treatment or preferential treatment;
- for the purpose of trade statistics;
- for the application of labeling and marking requirements; and
- for government procurement.
ROO SCHEMES IN THAILAND
Thailand does not have specific laws, judicial decisions or administrative rulings of general application relating to non-preferential rules of origin. Preferential rules of origin regarding the Global System of Trade Preferences (GSTP) are specified in Annex II of the GSTP Agreement. Imports from ASEAN countries are subject to the rules of origin for the ASEAN CEPT Scheme. A certificate of origin is required for GSTP or ASEAN preferential imports.
Preferential rules of origin differ amongst FTAs agreements: for bilateral agreements, i.e. TAFTA and TNZCEP, are specified in Chapter IV of these agreements. A certificate of origin is required for TAFTA, while the declaration of origin specified on the invoice or any other document issued in respect of the good is required for TNZCEP.
The Rules of Origin Division, under the Customs Tariff Bureau, Thai Customs reviews the progress of harmonization, improvement, and simplification of non?preferential and the preferential rules of origin.