Origin

Question 1

What’s the purpose of rules of origin ?

Answer 1

To determine the “nationality of a good

Question 2

What is the status of a good ?

Answer 2

The country where a good is released for free circulation (can be lost when the good is exported)

Question 3

What is the provenance of a good ?

Answer 3

The last country that the good passed through

Question 4

What are the two types of origin ? (+application?

Answer 4

Preferential origin : reduced or exemption of customs duties (specific agreements like EFTA, GSP, EurMed, FTA, …)
Non-preferential Origin : Quantitative restrictions, anti dumping, Statistics, made-in régulations (all countries)

Question 5

All products have necessarily a _ (due to the common law)

Answer 5

Non preferential origin

Question 6

The non preferential origin determines among others : (3)

Answer 6

The applicable customs duties
The application of any trade Policy measures (quota, anti-dumping duties, trade embargoes, …)
Marking régulations (“made in”)

Question 7

What’s the legal Framework of the non preferential origin ?

Answer 7

Art 60 UCC : acquisition of origin (goods wholly obtained, Goods the production of which involves more than one country or territory)
UCC delegated Act art 31 to 36
UCC implementing Act annex 22-14 (certificate of origin for non preferential import arrangement

Question 8

Name example of goods wholly obtained

Answer 8

mineral products (where extracted), vegetable products (where harvested), live animals (where born and raised)

Question 9

What determines the origin of a good which production involves more than one country or territory ?

Answer 9

Where the goods underwent their last substantial processing or working
Which was economically-justified
In an undertaking equipped for that purpose
And resulting in the manufactured of a new product or representing an important stage of manufacture

Question 10

What are the rules (2) in which criteria determining the last substantial processing or working are organized ?

Answer 10

Primary rules

Residual rules

Question 11

Where are the primary rules ? (see p40 for more info)

Answer 11

Chapter and list rules of annex 22-10 UCC DA

Question 12

What rule is part of the residual rules ?

Answer 12

the major portion rule : If all materials are originating in the same country, its the country where the goods underwent their last substancial processing or working

Question 13

Residual rules should be applied if : (3)

Answer 13

the application of primary rules didn’t allows the determination of the non-preferential origin
or
the operation doesn’t go beyond the minimal operations as specified in art 34 of the UCC DA
or
the is not economically justified (there might be a mis-writting in my notebook, soz)

Question 14

According to art 34 UCC DA, what are 8 minimal operation ?

Answer 14

• op. to ensure the preservation of product during transport and storage
• simple op. like removal of dust, screening, classifying, washing, cutting up
• change of packing
• putting up goods in sets or ensembles
• affixing on marks, label etc on product or packaging
• simple assembly of parts products to constitute a complete product
• dissaembly or change of use
• a combination of 2 or more than thoses 7 types of operations

Question 15

Name 3 example of certificate of origine

Answer 15

EUR1
FormA
Universal certificate of Origin

Question 16

On which goods preferntial origin confers certain tariff benefits ?

Answer 16

Goods with originating status

Question 17

Where can bi or multilateral agreement can be founded ?

Answer 17

They are published in the Official Journal of the EU

updated list on douane.gouv.fr or ec.europa.eu

Question 18

4 sufficiently worked or processed ?

Answer 18

• Specific working operation which confers origin
• Variation : changign of HS position (ex : manufacture in which all the materials used are classified within a heading other than that of the product)
• Base percentages for non-originating products/material (ex: the value of al the materials does not exceed 40% of the EXW price of a product)
• Combination and options (example : a criteria or another criteria)

Question 19

Inssuficient operations are listed in

Answer 19

Origin protocol (of 2 or more contries)

Question 20

What are the relaxing provisions to sufficiently worked or processed principle ? (9)

Answer 20

• General tolerance rule
• Cumulation
• Bilateral cumuation
• Diagonal cumulation
• Full cumulation
• Territoriality
• Direct transport
• No drawback
• Proof