Materi Kuliah Hukum Perdagangan Internasional

GATT

TARIFF

 Tariffs, also called "customs duties", are the most

common and widely used barrier to market access for goods.

 Tariffs can be specific, ad valorem_{, or mixed. A specific}

tariff is an amount based on the weight, volume or quantity of product, for example, US$ 7 per kilo. Ad

valorem _{tariff refers to the tax levied as a percentage of}

SCHEDULE OF CONCESSION

 The schedules consist of a list of products for which a

maximum applicable customs duty has been agreed by the Member concerned.

 The product is identified by a code and its description is usually based on theHarmonized Commodity

Description and Coding System of Classification (HS).  This maximum applicable customs duty represents the

NON

_‐

TARIFF BARRIERS

Non-tariff barriers also restrict the market access of goods. Non-tariff barriers include quantitative restrictions (such as quotas) and other barriers (for example, lack of transparency in trade

regulation, unfair and arbitrary application of trade regulations, customs formalities, technical barriers to trade and government procurement practices).

1.

QUANTITATIVE RESTRICTIONS

Quantitative restrictions are a ban on imports or exports after a determined quantity (the quota) has entered the territory.

According to Article XI:1 of GATT, quantitative restrictions should not be maintained by WTO Members.

The prohibition means that only import duties can be used to regulate goods trade at

SPECIFIC QR EXCEPTIONS

The specific exceptions to the general prohibition against the use of QRs are to:

1.Prevent critical shortage of foodstuffs or other essential products (GATT Article XI:2a);

2.Remove temporary surpluses of a domestic like product for which the imported product is a

directsubstitute (GATT Article XI:2b);

3.Uphold import restrictions on agricultural and fisheries products (GATT Article XI:2c).

OTHER NON TARIFF BARRIERS

1.Sanitary and phytosanitary measures set out in the Agreement on the Application of Sanitary and Phytosanitary Measures (the "SPS

Agreement");

2.Technical barriers to trade set out in the

Agreement on Technical Barriers to Trade (the "TBT Agreement");

3.Customs formalities and procedures; and 4.Government procurement practices.

1.

TECHNICAL REGULATIONS AND

STANDARDS

 Article 2.2 of the TBT Agreement provides that "Members shall ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade".  Technical regulations shall not be more trade-restrictive

than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would cause.

 In assessing such risks, relevant elements of consideration are, inter alia: available scientific and technical

information, related processing technology or intended end-uses of products.

2.

SANITARY AND PHYTOSANITARY

MEASURES

to use different standards and different methods for inspecting products

Not misused for protectionist purposes and do not result in unnecessary barriers to international trade.

to use international standards, guidelines and recommendations where they exist

3.

CUSTOMS FORMALITIES AND

PROCEDURES



need for minimizing the incidence and

complexity of import and export

formalities.



shall not impose substantial penalties for

minor breaches of customs regulations or

procedural requirements.

4.

PRE

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SHIPMENT INSPECTION

the practice of employing specialized private companies to check shipment details

(essentially price, quantity, quality) of goods to be shipped overseas.

to safeguard national financial interests

(prevention of capital flight and commercial fraud as well as customs duty evasion, for

instance) and to compensate for inadequacies in administrative infrastructures.

5.

RULES OF ORIGIN

Rules of origin are used:

1.To determine whether imported products shall receive most-favoured-nation (MFN) treatment or preferential treatment;

2.To implement measures and instruments of

commercial policy such as anti-dumping duties and safeguard measures;

3.For the purpose of trade statistics; and

4.For the application of labelling and marking requirements.

6.

IMPORT LICENSING PROCEDURES



import licensing for the following purposes:

1.to administer quantitative or other import

restrictions;

2.to keep track of imports (usually for

statistical purposes).

1.

TECHNICAL REGULATIONS AND

STANDARDS

 Article 2.2 of the TBT Agreement provides that "Members shall ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade".

 Technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would cause.

 In assessing such risks, relevant elements of consideration are, inter alia: available scientific and technical

information, related processing technology or intended end-uses of products.

2.

SANITARY AND PHYTOSANITARY

MEASURES

to use different standards and different methods for inspecting products

Not misused for protectionist purposes and do not result in unnecessary barriers to international trade.

to use international standards, guidelines and recommendations where they exist

3.

CUSTOMS FORMALITIES AND

PROCEDURES



need for minimizing the incidence and

complexity of import and export

formalities.



shall not impose substantial penalties for

minor breaches of customs regulations or

procedural requirements.

4.

PRE

_‐

SHIPMENT INSPECTION

the practice of employing specialized private companies to check shipment details

(essentially price, quantity, quality) of goods to be shipped overseas.

to safeguard national financial interests

(prevention of capital flight and commercial fraud as well as customs duty evasion, for

instance) and to compensate for inadequacies in administrative infrastructures.

5.

RULES OF ORIGIN

Rules of origin are used:

1.To determine whether imported products shall receive most-favoured-nation (MFN) treatment or preferential treatment;

2.To implement measures and instruments of

commercial policy such as anti-dumping duties and safeguard measures;

3.For the purpose of trade statistics; and

4.For the application of labelling and marking requirements.

6.

IMPORT LICENSING PROCEDURES



import licensing for the following purposes:

1.to administer quantitative or other import

restrictions;

2.to keep track of imports (usually for

statistical purposes).