Preferential Rules of Origin in the Law of the WTO and PTAs: The Challenge of 3D Printing(19 World Trade Institute Advanced Studies)

Where does a 3D printed good come from? This book examines preferential rules of origin within the context of advanced manufacturing, focusing on 3D printing. From a foundation in the legal and technical aspects of rules of origin, it explores why 3D printing implies reconsidering how materials, labour, and technology factor into the determination of the origin of a good and the risks and opportunities this brings to producers and traders. The book suggests revisiting rules of origin in PTAs and encourages the WTO to promote incorporating rules or origin and new production methods into a balanced trade framework that supports producers, traders, and consumers globally.

Table of Contents:
Preface and Acknowledgements Abbreviations Introduction  1 3D Printing and Advanced Manufacturing: Opportunities to Explore Rules of Origin  2 Approach to Exploring Rules of Origin and 3D Printing  3 Proposals for Rules of Origin in the Era of Advance Manufacturing and Structure of the Book  4 A Quick Note on Terminology 1 Preferential Rules of Origin in the WTO Legal Framework  1 The Agreement on Rules of Origin: Transitional Provisions for Non-­preferential Rules and Guidelines for Preferential Rules   1.1 Non-­preferential Rules of Origin in the Agreement on Rules of Origin   1.2 The Common Declaration with Regard to Preferential Rules of Origin  2 The Legality of Preferential Rules of Origin in Free Trade Agreements  3 The World Customs Organization and the Harmonized System Nomenclature  4 Local Content Requirement – Not to Be Confused with Prohibited Local Content Requirement under the SCM and TRIMS Agreements  5 Conclusion 2 Rules of Origin in the Context of Traditional Manufacturing  1 The Wholly Obtained or Produced Criterion  2 The Substantial Transformation Criteria: Change of Tariff Heading, Technical Test, and Ad Valorem Percentage   2.1 Change of Tariff Heading   2.2 Technical Test or Specific Manufacturing or Processing Operations   2.3 What is and What is Not Sufficient Processing?   2.4 Ad Valorem Percentage  3 Cumulation Provisions: Variations on the Ad Valorem Criterion   3.1 Cumulation: PEM   3.2 Cumulation: US Trade Agreements  4 Administration of Rules of Origin: Into the Factory and Customs Offices  5 Conclusion 3 Exploring Critiques of Preferential Rules of Origin and Positioning Rules in a Framework for Digital Trade  1 Rules of Origin: Unpredictable and Not Very Transparent Rules of the Game  2 Economic Perspective: With Preferential Rules of Origin, Some States Have a Bigger Piece of the Pie  3 How Do You Solve a Problem Like Preferential Rules of Origin?  4 Should There Be Next-­Generation Rules of Origin?  5 The Role of Rules of Origin in Digital Trade   5.1 Rules of Origin for Services and Where to Find Them   5.2 Is a 3D File a Good or a Service?  6 Conclusion 4 Preferential Rules of Origin in the Context of 3D Printing  1 The Likelihood that a 3D Printed Product Can Be Wholly Produced in a PTA Territory  2 From Ink to Printed Product: A Change of Tariff Heading, but Is It Sufficient Processing to Qualify for Origin?   2.1 Is Printing and Post-­Processing Sufficient Processing?   2.2 3D Printing: Fewer Parts to Assemble, but Is Assembly Simple?   2.3 Application of the Technical Test and Preliminary Conclusions  3 Determining the Origin of a 3D Printed Good under CTH with Service and Tangible Inputs   3.1 Differences between Classification of Services under GATS and Classification of Goods under the HS   3.2 Do 3D Files Undergo Substantial Processing or a Substantial Transformation?  4 Ad Valorem Criterion: Which Input Has the Most Value and Where Is It Created?   4.1 Value of Traditional Manufacturing Inputs: Materials, Labor, and Direct Overhead   4.2 Value of the 3D File   4.3 Hybridization of RoO: In Search of the Origin of the Service Input  5 Conclusion 5 Preferential Rules of Origin for Advanced Manufactured Products: An Opportunity to Modernize Perspectives on Preferential Rules of Origin  1 Rules of Origin for 3D Printed Goods and Other Advanced Manufactured Goods: Economic and Trade Policy Concerns  2 Modernizing Preferential RoO: Linking Origin Determination of the 3D File to the Origin of the 3D Printed Good   2.1 Technical Considerations for RoO for Advanced Manufactured Products   2.2 Determining the Value of 3D File  3 RoO: Connected to, but Not Dependent on, E-­Commerce Regulation  4 A Proposal for a WTO Instrument on Preferential RoO for Advanced Manufactured Goods   4.1 Initial Considerations   4.2 Designing a RoO Instrument under the WTO  5 Tapping into the WTO’s Strengths: Assisting the Trade Community with Designing and Complying with RoO for Advanced Manufactured Products   5.1 Activity by the Secretariat and the Committee on Rules of Origin   5.2 Collaboration with Participants in Global Trade   5.3 Bringing Disputes on RoO for Advanced Manufactured Goods to the DSB   5.4 RoO for Advanced Manufactured Goods: An Opportunity for the WTO  6 Improving the Preferential Rules of Origin System for All States and Traders, Great and Small  7 Conclusion Conclusion: A New Horizon for Preferential Rules of Origin Bibliography Index

About the Author :
Diana E. Wade, Ph.D. (2022), Bocconi University, is a lawyer. She has published articles and chapters on IP and trade law, including in The Southern California Law Review, Semiotic Inquiry, Irish Journal of European Law, and the European Yearbook of International Economic Law.