PDF, GB, 56 p., 1,3 Mo - Femise

PDF, GB, 56 p., 1,3 Mo - Femise PDF, GB, 56 p., 1,3 Mo - Femise

12.10.2013 Views

4. What drives the significance of ROOs? The evidence above indicates that the introduction of diagonal cumulation significantly impacted on trade flows between the cumulating countries. This then provides direct evidence that the underlying rules of origin were indeed constraining, as discussed in Section 2.2 of this paper. For the EU’s Southern Mediterranean partner countries this is an important conclusion – for it suggests that participation in the Pan-Euro-Mediterranean rules of origin is likely to increase the degree of intraregional integration, and is likely to enhance the positive welfare effects of closer integration with themselves and with the EU. In this part of the paper we build on the preceding analysis and examine whether any light can be shed on circumstances under which rules of origin are more likely to be constraining. This is an important empirical and policy question, as it can help to identify policies which are then likely to minimise the constraining impact of rules of origin. 4.1 Firm, sectoral, and country level characteristics The factors which are likely to impact on the constraining nature of rules of origin will inevitably be related to firm level, sectoral level and country level characteristics. These are summarised below: Firm level characteristics: • The nature of the production processes employed. This is likely to be relevant both when the underlying ROO is based on a specific production processing criterion, but also when the criterion is value added base as the underlying production technology will determine the share of value added in production. • The degree of the (vertical) integration of the firm in an international supply chain. For firms that are more closely integrated into international supply chains the sourcing of imported intermediates is likely to be more significant, and consequently changes in rules of origin are more likely to have an impact. • The efficiency of the firm, where the underlying ROO is based on the value added criterion. The share of domestic value added to (imported) intermediates is likely to be higher for less as opposed to more efficient firms, hence making it more likely that less efficient firms would be able to satisfy the ROO criterion. • The bigger the cost difference in intermediate supply between firms in cumulating (be this bilaterally or diagonally) and non-cumulating countries. If the cost of intermediates produced in non-cumulating countries were substantially lower, that this would make it more likely that firms in the cumulating countries would wish to use those intermediates in production.

Sectoral level characteristics: • The more restrictive the ROO is in terms of either of the three criteria – change in tariff classification, value-added, specific production processes - identified earlier. Hence the higher the domestic value-added requirement the more difficult it will be for firms to achieve this. Similarly, the more constraining is the tariff transformation rule (determined by either the number of tariff classification line changes needed, or by the level of HS aggregation at which the rule is set), the more constraining will the rule be. • The level of the applied MFN tariff in the country to which the final good is exported. Recall, that the tariff is effectively the penalty that must be paid if the rule of origin is not satisfied. If the MFN tariff were zero, there would be no incentive for firms to meet the ROO, as the effective penalty would thus also be zero. It is worth noting, therefore, that the simplest way of avoiding the distortions caused by rules of origin is by the reduction / elimination of MFN tariffs. However, this of course mitigates against the desire to offer certain countries / markets preferential access – or alternatively to maintain levels of protection against competing third markets. • The higher the intermediate share in production. This applies in the case of the value content rules which stipulate the minimum amount of domestic value added required. Industries which have a low intermediate share in production will find this criterion easier to meet. Those with a high intermediate share may find it more difficult, and this will depend on the share of imported intermediates. • The higher intermediate imports relative to final goods imports are in a given sector. This is closely linked to the preceding. Industries where the share of imported intermediates is already high, or those where there is considerable scope for switching to imported intermediates are likely to be significantly affected by changes in rules of origin. Take the case of clothing exports from Egypt for example. In order to be able to export duty free to the EU, Egyptian producers are required to use Egyptian cotton. While Egyptian cotton is traditionally seen as being of high quality, it is also more expensive. Allowing for the use of imported cotton is likely to greatly increase the competitiveness of Egyptian clothing exports. Indeed it is for this reason that the Egyptian (and Moroccan) clothing industry were keen on signing a free trade agreement with Turkey, in order to be able to diagonally cumulate Turkish fabrics. • The lower the import tariffs between non-cumulating countries. Suppose the tariff on intermediates from non-cumulating countries were high. This would discourage the use of imported intermediates from these countries, and hence it is less likely that changes in the rules of origin would have as much of an impact. • The higher the export share of the final good. In sectors where the goods are produced largely for the domestic market, access to partner country markets is less important, and hence rules of origin are less likely to be an issue. Note, however, that in industries which currently have a low export share this suggests that these are industries which are not competitive in the export market. That could be driven either by an inherent lack of comparative advantage / competitiveness in that sector, or because of the restrictiveness of the rule of origin. Relaxing the rule of original will not have much impact in the former case, but it will in the latter case.

Sectoral level characteristics:<br />

• The more restrictive the ROO is in terms of either of the three criteria – change in<br />

tariff classification, value-added, specific production processes - identified earlier.<br />

Hence the higher the domestic value-added requirement the more difficult it will<br />

be for firms to achieve this. Similarly, the more constraining is the tariff<br />

transformation rule (determined by either the number of tariff classification line<br />

changes needed, or by the level of HS aggregation at which the rule is set), the<br />

more constraining will the rule be.<br />

• The level of the applied MFN tariff in the country to which the final good is<br />

exported. Recall, that the tariff is effectively the penalty that must be paid if the<br />

rule of origin is not satisfied. If the MFN tariff were zero, there would be no<br />

incentive for firms to meet the ROO, as the effective penalty would thus also be<br />

zero. It is worth noting, therefore, that the simplest way of avoiding the distortions<br />

caused by rules of origin is by the reduction / elimination of MFN tariffs.<br />

However, this of course mitigates against the desire to offer certain countries /<br />

markets preferential access – or alternatively to maintain levels of protection<br />

against competing third markets.<br />

• The higher the intermediate share in production. This applies in the case of the<br />

value content rules which stipulate the minimum amount of domestic value added<br />

required. Industries which have a low intermediate share in production will find<br />

this criterion easier to meet. Those with a high intermediate share may find it<br />

more difficult, and this will depend on the share of imported intermediates.<br />

• The higher intermediate imports relative to final goods imports are in a given<br />

sector. This is closely linked to the preceding. Industries where the share of<br />

imported intermediates is already high, or those where there is considerable scope<br />

for switching to imported intermediates are likely to be significantly affected by<br />

changes in rules of origin. Take the case of clothing exports from Egypt for<br />

example. In order to be able to export duty free to the EU, Egyptian producers are<br />

required to use Egyptian cotton. While Egyptian cotton is traditionally seen as<br />

being of high quality, it is also more expensive. Allowing for the use of imported<br />

cotton is likely to greatly increase the competitiveness of Egyptian clothing<br />

exports. Indeed it is for this reason that the Egyptian (and <strong>Mo</strong>roccan) clothing<br />

industry were keen on signing a free trade agreement with Turkey, in order to be<br />

able to diagonally cumulate Turkish fabrics.<br />

• The lower the import tariffs between non-cumulating countries. Suppose the tariff<br />

on intermediates from non-cumulating countries were high. This would<br />

discourage the use of imported intermediates from these countries, and hence it is<br />

less likely that changes in the rules of origin would have as much of an impact.<br />

• The higher the export share of the final good. In sectors where the goods are<br />

produced largely for the domestic market, access to partner country markets is less<br />

important, and hence rules of origin are less likely to be an issue. Note, however,<br />

that in industries which currently have a low export share this suggests that these<br />

are industries which are not competitive in the export market. That could be<br />

driven either by an inherent lack of comparative advantage / competitiveness in<br />

that sector, or because of the restrictiveness of the rule of origin. Relaxing the rule<br />

of original will not have much impact in the former case, but it will in the latter<br />

case.

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