The Comparative Study Of China And U.S. Non-preferential Rules Of Origin

With the continuous development of world trade, the role of tariff barriers is gradually weaken, and the non-tariff barriers more and more become to be the new weapons for every nations to protect their trade. Though rules of origin which used to determine the "nationality" of the goods is not in the scope of non-tariff barriers, it's critical for these non-tariff barriers like anti-dumping, quotas and other instruments to play a role, and its position in international trade is more and more prominent. The United States originated the concept of country of origin.It has studied the issue long before and gain much experience. Meanwhile the United States have long been aware of the tremendous energy hidden in rules of origin,it has pay much attention to the issue and spares no efforts to continuously improve the rules of origin in order to better safeguard their interests. U.S. non-preferential rules of origin are model, not only the content is detailed and rigorous, operation is strong, but also the system is complete and the purpose is explicit. In recent years, with the continuous development in the area of international trade China has also come to realize the importance of rules of origin in the international arena and also began to study the rules of origin and other related issues. Government departments are also actively modify the standards to develop a new non-preferential rules of origin which is more standardized, more suited to the requirements of the new era. However, comparing with the U.S. experience accumulated over the years, China new non-preferential rules of origin remain immature. There are still many problems urgent need to solve. Nowadays the World trade is Competitive, the loopholes in these rules of origin exist one more day, it will bring to China's trade development more losses, so in order to avoid further expansion of loss, these problems must be soon put on the agenda.With the introduction and comparison of China and U.S. non-preferential rules of origin, this paper hopes to find the problems and loopholes present in our non-preferential rules of origin. And then with the analysis to explore the United States'specific practices of the similar issues, seek a direction for our origin revised work and contribute a power to formulating more effective non-preferential rules of origin. I hope that the relevant departments learn from the American experience, combine our own conditions and needs of development to complete our modifying and improving work on origin as soon as possible.This article is divided into five parts. The first part is the introduction, it introduces the purpose and the significance of study and at home and abroad the academic community's current situation and achievements of the study with both China and the U.S. non-preferential rules of origin, stressing the importance of comparing with the U.S. non-preferential rules of origin to find issues in China non-preferential rules of origin. The second part is the relevant basic theory of the rules of origin, including the meaning and classification of rules of origin, origin criteria, laying the groundwork for the following studies. The third part is China non-preferential rules of origin, with the introduction of the history of China non-preferential rules of origin and the contents of "Republic of China rules of origin of imports and exports", so that readers could have a comprehensive understanding of China non-preferential rules of origin. The fourth part is the U.S. non-preferential rules of origin which introduces four sets of the U.S. non-preferential rules of origin used for MFN, Country of Origin Marking, Government Procurement and textile and apparel products. They have different purposes and there is a detailed analysis of specific provisions and effects. The last part is the contrast of two countries' non-preferential rules of origin, that is the focus of this article, especially the comparison of different points of rules for the two countries.Discover the problems of China non-preferential rules of origin, and with the analysis of the United States' mature and appropriate treatment look for a direction for the work of revising and improving China non-preferential rules of origin.This paper aims to find out gaps, find out the direction of solution through the analysis of the different points of China and U.S. non-preferential rules of origin, This is a different angle from many other scholars studying China non-preferential rules of origin, so it adds a bit new to this article.