Research On The Legal Problems Of Rules Of Origin

With the development of global economy, rules of origin(hereinafter referred to as "RO") are not only the technique problem of customs, but also used as instruments of trade policy by various countries. They are used in many fields, such as most-favored-nation treatment; anti-dumping and countervailing measures; safeguard measures; any discriminatory quantitative restrictions or tariff quotas. The criteria of RO is different in different countries, and it is ususlly used as non-tariff barriers in international trade. So there are significance of the Times and the positive values to discuss RO. This paper begins with the aspects of the theory and the practice, then introduces the framework of RO and the legal systems related to RO. To improve our country's RO, this article makes the WTO "Rules of Origin" as guidelines, and thinks of the legal practice of States and our country's RO, then promotes some suggestions of RO.This paper has five chapters. After introduceing the concept of the origin, RO and the criterion of RO, it focuses on the substantial transformation criterion in the first chapter. Then it analyzes the advantages and disadvantages of the criterion of change of tariff classification, ad valorem percentage and manufacturing of processing operation under the substantial transformation.The second chapter respectively introduces non-preferential RO and preferential RO legal system.At the third chapter, it focuses on the western countries' non-preferential RO and preferential RO legal practice, especially RO of the Korea-U.S. Free Trade Agreement and analyzes the inspiration for China RO.After introducing non-preferential RO of China in the fourth chapter, it makes an in-depth inquiry on the problems of RO, and gives some suggestions to improve the RO of our country.The last chapter introduces the basic contents of preferential RO of China, and analyzes the problem. At last, it gives some recommendations to the improvement of preferential RO of China.