What are the Rules to determine Community Origin?

Under Article 84 of the RTC - Community Rules of Origin concerns goods that have been consigned from one Member State to a consignee in another Member State and shall be treated as being of Community Origin where the goods: (1) have been wholly produced within the Community; or (2) have been produced within the Community wholly or partly from materials imported from outside the Community or from materials of undetermined origin by a process which effects a substantial transformation.

Goods that have been consigned from one Member State to a consignee in another Member State for repair, renovation or improvement shall, on their return to the Member State from which they were exported, be treated for the purpose of re-importation only, in like manner as goods which are of Community origin, provided that the goods are reconsigned directly to that Member State from which they were exported and the value of materials imported from outside the Community or of undetermined origin which have been used in the process of repair, renovation or improvement does not exceed: (1) in the case where the goods have undergone the process of repair, renovation or improvement in a More Developed Country, 65 per cent of the cost of repair, renovation or improvement; (2) in the case where the goods have undergone the process of repair, renovation or improvement in a Less Developed Country, 80 per cent of the cost of repair, renovation or improvement.

Where there is an interruption or inadequacy of supplies of regional materials and the manufacturer of goods, for which the qualifying condition for Community origin is that of 'wholly produced' or 'produced from regional materials', is unable by reason of circumstances beyond his control to obtain supplies of the regional materials, he shall so inform the competent authority.

The competent authority shall: after receipt of information from the manufacturer, cause investigations to be made into the matter, and if he is satisfied that the representation from the manufacturer is justified, submit to the Secretary-General in the prescribed instrument an application for a certificate provided for in this Article; at the time of making the application, inform the other Member States of the inability of the manufacturer to obtain the supplies of the required materials from within the Community with respect to quantities and specifications of the materials sought and the period during which the materials are required.

What happens if the competent authority is satisfied that the claim is justified?

The Trade Board Limited (TBL) in consultation with the Ministry of Investment, Industry and Commerce (MIIC), will submit an application to the Secretary-General of CARICOM on behalf of the manufacturer.

A certificate authorizing the use of extra-regional materials to confer origin would be issued.

The safeguard mechanism would have been triggered, authorizing the preferential treatment of the specified items contained in the certificate, for the requesting Member State, for a specific time period.

The issue of a certificate in accordance with paragraph 7 shall be reported by the Secretary-General to COTED at the Meeting of COTED next following the date of issue thereof.

Trade Liberalization and CSME

Authored by Chrisshane Myrie

Other

12th Grade

Used 2+ times

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What is the CSME?

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What Authority guides Trade Liberalization under the RTC?

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What are the Objectives of the Community?

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What are the Organs of the Community?

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What is the Community Trade Policy?

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What are the Objectives of the Community Trade Policy?

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How can Community Trade Policy Objectives be achieved?

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Trade Liberalization and CSME

What is the CSME?

What Authority guides Trade Liberalization under the RTC?

What are the Objectives of the Community?

What are the Organs of the Community?

What is the Community Trade Policy?

What are the Objectives of the Community Trade Policy?

How can Community Trade Policy Objectives be achieved?

What is MFN?

What is the CET?

Which Community Organ Manages the CET?

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