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How to use
Free Trade Agreements to stay competitive
          ASEAN AFTA
What is FTA?
• A legally binding agreement between 2 or
  more countries:
  -
              Reduce barriers to trade (tariff and non-tariff)




              Facilitate cross border movement of products
              and services between the signatories’
              territories
Key Benefits of FTAs

         Help
   businesses streng   Reduced/Zero
   then cross-border    Tariff Rates
         trade


                       Make export
     Tariff Savings    more price-
                       competitive
In essence,
 Without FTAs:   E.g. Import
                  Tax=10%



                                    Tariff Savings:
                                          7%




                    Reduced
 With FTAs:        Import Tax
                 reduced by7%   Making your product more
                                 price-competitive and
                                 attractive to potential
                                        buyers ☺
Examples of FTAs
•   Asean Free Trade Agreement (AFTA)
•   Asean-China Free Trade Agreement (ACFTA)
•   Asean-Japan Free Trade Agreement (AJFTA)
•   Asean-Korean Free Trade Agreement (AKFTA)
ASEAN Free Trade
   Agreement
      AFTA
Brief of AFTA
• Launched in 1992 to eliminate tariff barriers
  among the Member States of ASEAN, namely
  Brunei Darussalam, Cambodia, Indonesia, Lao
  PDR, Malaysia, Myanmar, the Philippines,
  Singapore, Thailand and Viet Nam.
• Aim to integrate economies into a single
  production base and creating a regional
  market of 500   million people
Brief of AFTA
            Known as ASEAN 6: For ASEAN-6,
            about 99% of tariff lines covered by
            the AFTA are at 0-5%    and more
            than 60% of these items are already
            duty-free.


             Known as CLMV: about 88% of the
             products traded in the region are
             being liberalized under the AFTA.
How to qualify your products for
             AFTA?




     Product deemed to originate from ASEAN countries

     Meeting with requirements of Rule of Origin

     Validated through the provision of a Preferential
     Certificate of Origin
Meeting Requirements of Rules of Origin (R

               Regional Value Content (RVC) requirement of
                                  40 %


                                   OR
     Rule of          Change in tariff classification
     Origin
                                   OR
                  Specific manufacturing or processing
                              operations
RVC requirement of 40 %
                             Regional Value Content
                           (RVC)requirement of 40 %




Wholly obtained or produced in a          Partially obtained produced in a
         Member State                               Member State




                         Accumulation Rule            Partial-accumulation Rule
Formulas for RVC Calculation
• Direct Method




• Indirect Method
Regional Value Content

RVC requirement of 40 %                                         Rule of
                                                                          (RVC) requirement of 40 %
                                                                                       OR
                                                                                Change in tariff
                                                                Origin           classification
                                                                                       OR
                                                                           Specific manufacturing or
                                                                             processing operations


                               Regional Value Content
                             (RVC)requirement of 40 %




  Wholly obtained or produced in a          Partially obtained produced in a
           Member State                               Member State




                           Accumulation Rule            Partial-accumulation Rule
Regional Value Content
                                                   (RVC) requirement of 40 %
                                                               OR
                                         Rule of        Change in tariff
                                         Origin          classification

 Accumulation Rule                                             OR
                                                   Specific manufacturing or
                                                     processing operations




• Goods are often produced in different stages, and
  not necessarily by one manufacturer or in a single
  country.

• Accumulation allows the different stages of
  production of a good, which can take place in
  several Member States, to be aggregated
Case Study of Accumulation
Rule




                                   Regional Value Content
                                 (RVC) requirement of 40 %
                                             OR
                       Rule of        Change in tariff
                       Origin          classification
                                             OR
                                 Specific manufacturing or
                                   processing operations
RVC requirement of 40 %

                              Regional Value Content
                            (RVC)requirement of 40 %




 Wholly obtained or produced in a          Partially obtained produced in a
          Member State                               Member State




                          Accumulation Rule            Partial-accumulation Rule
Partial Accumulation Rule
• Partial cumulation allows the originating portion of a material of
  “partial” origin, i.e. the material does not meet the origin criterion
  of “RVC of not less than 40%”, to be accumulated as part of the RVC
  of a finished good. A material can contribute towards the aggregate
  RVC of the finished good, as long as the material itself has a RVC of
  20% or more=> example 1


• The qualifying RVC of the material to be cumulated shall be in direct
  proportion to its actual domestic content.


•   However, materials imported under partial cumulation are not
    eligible for preferential tariff treatment=> example 2
Partial Cumulation Example 1
Example 2
Regional Value Content (RVC) requirement of
                                    40 %


                                     OR
Rule of Origin          Change in tariff classification


                                     OR
                    Specific manufacturing or processing
                                operations
Regional Value Content
                                                                 (RVC) requirement of 40 %


Change in Tariff Classification                       Rule of
                                                      Origin
                                                                             OR
                                                                      Change in tariff
                                                                       classification
                                                                             OR
                                                                 Specific manufacturing or

• In terms of:                                                     processing operations




- Chapter
  Change in first 2 digits of HS Code, e.g. 1200.00 to 2300.00
  Most significant change in products, e.g. cotton to (cotton) dress


- Heading
  Change in first 4 digits of HS code, e.g. 1234.00 to 4321.00
  Moderate change


- Sub-heading
  Change in the last two digits of HS code, e.g. 1111.22 to 1111.33
  Minimal change to products, e.g. sugar syrup to sugar cubes
Example of Change of HS Code
at Chapter Level




                                 Regional Value Content
                               (RVC) requirement of 40 %
                                           OR
                     Rule of        Change in tariff
                     Origin          classification
                                           OR
                               Specific manufacturing or
                                 processing operations
Regional Value Content
                                                                 (RVC) requirement of 40 %


Change in Tariff Classification                       Rule of
                                                      Origin
                                                                             OR
                                                                      Change in tariff
                                                                       classification
                                                                             OR
                                                                 Specific manufacturing or
                                                                   processing operations


• In terms of:
- Chapter
  Change in first 2 digits of HS Code, e.g. 1200.00 to 2300.00
  Most significant change in products, e.g. cotton to (cotton) dress


- Heading
  Change in first 4 digits of HS code, e.g. 1234.00 to 4321.00
  Moderate change


- Sub-heading
  Change in the last two digits of HS code, e.g. 1111.22 to 1111.33
  Minimal change to products, e.g. sugar syrup to sugar cubes
Example of Change of HS Code
at Heading Level




                                 Regional Value Content
                               (RVC) requirement of 40 %
                                           OR
                     Rule of        Change in tariff
                     Origin          classification
                                           OR
                               Specific manufacturing or
                                 processing operations
Regional Value Content
                                                                 (RVC) requirement of 40 %
                                                                             OR

Change in Tariff Classification                       Rule of
                                                      Origin
                                                                      Change in tariff
                                                                       classification
                                                                             OR
                                                                 Specific manufacturing or
                                                                   processing operations

• In terms of:
- Chapter
  Change in first 2 digits of HS Code, e.g. 1200.00 to 2300.00
  Most significant change in products, e.g. cotton to (cotton) dress


- Heading
  Change in first 4 digits of HS code, e.g. 1234.00 to 4321.00
  Moderate change


- Sub-heading
  Change in the last two digits of HS code, e.g. 1111.22 to 1111.33
  Minimal change to products, e.g. sugar syrup to sugar cubes
Example of Change of HS Code
at Sub-Heading Level




                                 Regional Value Content
                               (RVC) requirement of 40 %
                                           OR
                     Rule of        Change in tariff
                     Origin          classification
                                           OR
                               Specific manufacturing or
                                 processing operations
Regional Value Content (RVC) requirement of
                                    40 %


                                     OR
Rule of Origin          Change in tariff classification


                                     OR
                    Specific manufacturing or processing
                                operations
Specific Manufacturing and
Processing Operations
• The product must have undergone its last
  manufacturing process/transformed in an
  ASEAN country

e.g.   Product X in Japan   Product X in America
                                                   Product X in any
                                                   ASEAN country




                                                               Regional Value Content
                                                             (RVC) requirement of 40 %
                                                                         OR
                                                   Rule of        Change in tariff
                                                   Origin          classification
                                                                         OR
                                                             Specific manufacturing or
                                                               processing operations
Specific Manufacturing and Processing
Operations
• Neutral Elements are factors of production which accompany a
  product but does not change the quality of the final product sold
• As such the origin of such neutral elements is not taken into the
  account in determining the origin of a good

• E.g. Machine X originated from Australia and will be exported to
  Singapore. Grease (made in Laos) is used for maintenance and trial-
  runs of the machine.
• Machine X’s FOB price is $100 while the grease is $1000. However,
  when determining the origin of the entire machine, the price of
  grease is excluded since grease is a neutral element.

•    Thus, we see that Machine X does not originate from an ASEAN
    country (i.e. Australia) and so, cannot qualify for AFTA. Regional Value Content
                                                                      (RVC) requirement of 40 %
                                                                                   OR
                                                            Rule of         Change in tariff
                                                            Origin           classification
                                                                                   OR
                                                                       Specific manufacturing or
                                                                         processing operations
Regional Value Content (RVC) requirement of
                                    40 %


                                     OR
Rule of Origin          Change in tariff classification


                                     OR
                    Specific manufacturing or processing
                                operations
How to qualify your products for
             AFTA?




    Originate from ASEAN partners
    Rule of Origin
    Certified by a Preferential
    Certificate of Origin
Preferential CO
In order to apply for a Preferential Certificate of Origin (which
serves as validation that product meets with ROO), the following
documents are to be prepared and submitted
                                Supporting
                              documents like       Other documents
        Form D (CEPT)          invoices and           needed by
                              through bill of       importing state
                                  lading
Validity of Preferential CO
• 12 months from the date of issuance

• Exporters are required to keep supporting
  records of their CO (Form D) applications for
  not less than 3 years from the date of
  issuance, subject to the laws and regulations
  of the exporting Member State.
Sample Form D
Sample Preferential CO

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Barter fli fta_ppt

  • 1. How to use Free Trade Agreements to stay competitive ASEAN AFTA
  • 2. What is FTA? • A legally binding agreement between 2 or more countries: - Reduce barriers to trade (tariff and non-tariff) Facilitate cross border movement of products and services between the signatories’ territories
  • 3. Key Benefits of FTAs Help businesses streng Reduced/Zero then cross-border Tariff Rates trade Make export Tariff Savings more price- competitive
  • 4. In essence, Without FTAs: E.g. Import Tax=10% Tariff Savings: 7% Reduced With FTAs: Import Tax reduced by7% Making your product more price-competitive and attractive to potential buyers ☺
  • 5. Examples of FTAs • Asean Free Trade Agreement (AFTA) • Asean-China Free Trade Agreement (ACFTA) • Asean-Japan Free Trade Agreement (AJFTA) • Asean-Korean Free Trade Agreement (AKFTA)
  • 6. ASEAN Free Trade Agreement AFTA
  • 7. Brief of AFTA • Launched in 1992 to eliminate tariff barriers among the Member States of ASEAN, namely Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam. • Aim to integrate economies into a single production base and creating a regional market of 500 million people
  • 8. Brief of AFTA Known as ASEAN 6: For ASEAN-6, about 99% of tariff lines covered by the AFTA are at 0-5% and more than 60% of these items are already duty-free. Known as CLMV: about 88% of the products traded in the region are being liberalized under the AFTA.
  • 9. How to qualify your products for AFTA? Product deemed to originate from ASEAN countries Meeting with requirements of Rule of Origin Validated through the provision of a Preferential Certificate of Origin
  • 10. Meeting Requirements of Rules of Origin (R Regional Value Content (RVC) requirement of 40 % OR Rule of Change in tariff classification Origin OR Specific manufacturing or processing operations
  • 11. RVC requirement of 40 % Regional Value Content (RVC)requirement of 40 % Wholly obtained or produced in a Partially obtained produced in a Member State Member State Accumulation Rule Partial-accumulation Rule
  • 12. Formulas for RVC Calculation • Direct Method • Indirect Method
  • 13. Regional Value Content RVC requirement of 40 % Rule of (RVC) requirement of 40 % OR Change in tariff Origin classification OR Specific manufacturing or processing operations Regional Value Content (RVC)requirement of 40 % Wholly obtained or produced in a Partially obtained produced in a Member State Member State Accumulation Rule Partial-accumulation Rule
  • 14. Regional Value Content (RVC) requirement of 40 % OR Rule of Change in tariff Origin classification Accumulation Rule OR Specific manufacturing or processing operations • Goods are often produced in different stages, and not necessarily by one manufacturer or in a single country. • Accumulation allows the different stages of production of a good, which can take place in several Member States, to be aggregated
  • 15. Case Study of Accumulation Rule Regional Value Content (RVC) requirement of 40 % OR Rule of Change in tariff Origin classification OR Specific manufacturing or processing operations
  • 16. RVC requirement of 40 % Regional Value Content (RVC)requirement of 40 % Wholly obtained or produced in a Partially obtained produced in a Member State Member State Accumulation Rule Partial-accumulation Rule
  • 17. Partial Accumulation Rule • Partial cumulation allows the originating portion of a material of “partial” origin, i.e. the material does not meet the origin criterion of “RVC of not less than 40%”, to be accumulated as part of the RVC of a finished good. A material can contribute towards the aggregate RVC of the finished good, as long as the material itself has a RVC of 20% or more=> example 1 • The qualifying RVC of the material to be cumulated shall be in direct proportion to its actual domestic content. • However, materials imported under partial cumulation are not eligible for preferential tariff treatment=> example 2
  • 20. Regional Value Content (RVC) requirement of 40 % OR Rule of Origin Change in tariff classification OR Specific manufacturing or processing operations
  • 21. Regional Value Content (RVC) requirement of 40 % Change in Tariff Classification Rule of Origin OR Change in tariff classification OR Specific manufacturing or • In terms of: processing operations - Chapter Change in first 2 digits of HS Code, e.g. 1200.00 to 2300.00 Most significant change in products, e.g. cotton to (cotton) dress - Heading Change in first 4 digits of HS code, e.g. 1234.00 to 4321.00 Moderate change - Sub-heading Change in the last two digits of HS code, e.g. 1111.22 to 1111.33 Minimal change to products, e.g. sugar syrup to sugar cubes
  • 22. Example of Change of HS Code at Chapter Level Regional Value Content (RVC) requirement of 40 % OR Rule of Change in tariff Origin classification OR Specific manufacturing or processing operations
  • 23. Regional Value Content (RVC) requirement of 40 % Change in Tariff Classification Rule of Origin OR Change in tariff classification OR Specific manufacturing or processing operations • In terms of: - Chapter Change in first 2 digits of HS Code, e.g. 1200.00 to 2300.00 Most significant change in products, e.g. cotton to (cotton) dress - Heading Change in first 4 digits of HS code, e.g. 1234.00 to 4321.00 Moderate change - Sub-heading Change in the last two digits of HS code, e.g. 1111.22 to 1111.33 Minimal change to products, e.g. sugar syrup to sugar cubes
  • 24. Example of Change of HS Code at Heading Level Regional Value Content (RVC) requirement of 40 % OR Rule of Change in tariff Origin classification OR Specific manufacturing or processing operations
  • 25. Regional Value Content (RVC) requirement of 40 % OR Change in Tariff Classification Rule of Origin Change in tariff classification OR Specific manufacturing or processing operations • In terms of: - Chapter Change in first 2 digits of HS Code, e.g. 1200.00 to 2300.00 Most significant change in products, e.g. cotton to (cotton) dress - Heading Change in first 4 digits of HS code, e.g. 1234.00 to 4321.00 Moderate change - Sub-heading Change in the last two digits of HS code, e.g. 1111.22 to 1111.33 Minimal change to products, e.g. sugar syrup to sugar cubes
  • 26. Example of Change of HS Code at Sub-Heading Level Regional Value Content (RVC) requirement of 40 % OR Rule of Change in tariff Origin classification OR Specific manufacturing or processing operations
  • 27. Regional Value Content (RVC) requirement of 40 % OR Rule of Origin Change in tariff classification OR Specific manufacturing or processing operations
  • 28. Specific Manufacturing and Processing Operations • The product must have undergone its last manufacturing process/transformed in an ASEAN country e.g. Product X in Japan Product X in America Product X in any ASEAN country Regional Value Content (RVC) requirement of 40 % OR Rule of Change in tariff Origin classification OR Specific manufacturing or processing operations
  • 29. Specific Manufacturing and Processing Operations • Neutral Elements are factors of production which accompany a product but does not change the quality of the final product sold • As such the origin of such neutral elements is not taken into the account in determining the origin of a good • E.g. Machine X originated from Australia and will be exported to Singapore. Grease (made in Laos) is used for maintenance and trial- runs of the machine. • Machine X’s FOB price is $100 while the grease is $1000. However, when determining the origin of the entire machine, the price of grease is excluded since grease is a neutral element. • Thus, we see that Machine X does not originate from an ASEAN country (i.e. Australia) and so, cannot qualify for AFTA. Regional Value Content (RVC) requirement of 40 % OR Rule of Change in tariff Origin classification OR Specific manufacturing or processing operations
  • 30. Regional Value Content (RVC) requirement of 40 % OR Rule of Origin Change in tariff classification OR Specific manufacturing or processing operations
  • 31. How to qualify your products for AFTA? Originate from ASEAN partners Rule of Origin Certified by a Preferential Certificate of Origin
  • 32. Preferential CO In order to apply for a Preferential Certificate of Origin (which serves as validation that product meets with ROO), the following documents are to be prepared and submitted Supporting documents like Other documents Form D (CEPT) invoices and needed by through bill of importing state lading
  • 33. Validity of Preferential CO • 12 months from the date of issuance • Exporters are required to keep supporting records of their CO (Form D) applications for not less than 3 years from the date of issuance, subject to the laws and regulations of the exporting Member State.