M4.4 Trade Agreements Flashcards
What is a bilateral Trade Agreement?
Also called preferenial trade agreement
means 2 parties have agreed to grant each other preferential benefits including reduced duty rates.
could also be with a block of countries
Also referred to as reciprocating agreements
preferred tariff treatment
What is a unilateral Trade Agreements?
extends pref treatment with out a formal agreement
Canada doesn’t receive pref duty rates in return
referred to as agreement when they are more like a trade arrangment
What counties have a bilateral agreement with Canada?
Costa Rica, Chile, Peru and a block of counties ie European union and Canada
What are some unilateral trade arangements with Canada?
Least Developed Country Tariff (LDCT)
General Preferential Tariff (GPT)
Canada commited to stimulate the growth fo exports from these countires
What does Section 24(1) if the Customs Tariff Act state?
Goods are entitled to other than GT if:
1) Proof of origin
2) goods are entitled to that tariff treatment accordance with regs under section 16
in order to use other than GPT proof of origin must be provided and other origin requirements must be met
Does both Direct Shipment and Transhipment need to be considered wen determining the country of origin?
yes, defined in the Customs tariff Act to determine origin and the Pref tariff treatment.
What does Direct Shipment mean?
Goods are shipped direct to consignee in Canada on a through bill of trading
-Can go through another country uninterrupted(transfer to another is not interupted.
Can the Cost of Production be a factor in determining Origin?
Yes, processed or manufactured goods trade arrangements outline what is allowed when using the origin method that considers the costs of production.
What does Cost of Production include?
Materials
Labor
Factory overhead
What does Cost of Production not include?
Export packing cost
gross profit or renumeration of any person
What does the De Minimis rule mean
so small or little it doesn’t need to be considered
trade agreements allow for small percentageof non-originating materials to exclude when establishing origin
varies between tariff Treatments and may not apply to all goods.
How does Section 16(1) of the Customs Tariff Act Rules of Origin define “originate”
- if the whole of the value of the good is produced in that country unless Subsection 16(2) state something to the contrary.
What does subsection 16(2) of the Customs Tariff Act, Rules of Origin mean?
the Governer in Council may make regulations regarding origin of goods no entirely produced in a particular country.
What are the 2 fundamental basic criteria for determining origin?
Wholly produced
Natural goods and substantial transformation
What is the term for the method used when determining origin, which are found in the specific trade agreement?
Origin Criteria
Where can we find the list published by the WTO for guidelines to determine wholly produced goods?
This list is found in the Rivised Kyoto Agreement Annex K of Chapter 1
What are some goods that taken to be produced wholly in a given country (Kyoto Agreement)
Mineral products extracted from its Soil, waters seabed
Live animals born and raised
Products obtained from live animals
Products obtained from hunting or fishing
Products obtained by maritime fishing, or by vessel
Products obtained aboard a factory ship
Products extracted from marine soild or subsoil outside the country’s territorial as long as the country has sole rights to work that soil or subsoil
-Scrap and waste from Manufacturing and processing operations
Generally the more complex or processed a good is, the more likely another origin rule will be required to determine originating status
True
What doe Substantial Transformation mean ?
The imported product has undergone a change that alters its functions, it characteristic or it use.
Ie strawberry jam