Transcript Slide 1
Business Implications of India’s Trade Agreements Tamanna Chaturvedi Consultant Indian Institute of Foreign Trade WTO Objectives WTO came into existence on 1st Jan 1995 for the purpose of : Transparent, free and rule-based trading system Provide common institutional framework for conduct of trade relations among members Facilitate the implementation, administration and operation of Multilateral Trade Agreements Rules and Procedures Governing Dispute Settlement Trade Policy Review Mechanism Concern for LDCs and NFIDCs Concern on Non-trade issues such as Food Security, environment, health, etc. BASIC PRINCIPLES 1. NON-DISCRIMINATION MFN (Most Favored Nation) Members are bound to grant to the products of other members treatment not less favorable than that accorded to the products of any other country. National Treatment Once goods have cleared customs, imported goods must be treated no less favorably than the equivalent domestically produced goods. 2. PREDICTABLE AND GROWING ACCESS TO THE MARKETS Prohibition of Quantitative Restrictions Binding of Tariffs Bound Tariffs cannot be increased Progressive reduction in the protection. Exceptions: Safeguards, BOP. 3. FAIR COMPETITION 4. 5. TRANSPARENCY ENCOURAGE DEVELOPMENT Then why entering into trade agreements? Tariff and Non Tariff barriers For Herbal exports MFN range Switzerland 0-0 Japan 0-10 USA 0-6 NTM% NTM Description 50% Labelling requirement Product ch.requirement to protect 8% human health (cert req) 60% Testing and sampling Tariffs and NTMs on Indian Exports (i) Tariffs and NTMs together imposed on (ii) Oilseeds in Taiwan Cane Sugar in Bangladesh Bovine meat in Egypt Crustaceans in Thailand Malt extract in USA Bangladesh Only NTMs Pepper in Canada Rice in Nigeria Oilseeds in USA, Taiwan Cane sugar in Malaysia, Indonesia Fish products in USA Tea in USA Major Export Markets for Herbal Products Italy USA Germany Japan UK Switzerland France Existence of Preferential Trade Arrangements Germany (23.16%) UK(7.37%) India (0.28%) Switzerland France (36.03%) Preference for EU Countries Stages of an Regional Trading Arrangement Common currency Macroeconomic policy coordination Free movement of factors of production CET (BTIA) GSTP Global System of Trade preferences What all can possibly be added in an FTA? Economic Co-operation in identified sectors Institutional framework to enable environment for greater flow of investments SPS-TBT considerations MRA on standards, mutual recognition, assessment procedures, equivalence MOU on harmonization on Ayurvedic/traditional medicines Custom clearance agreement Consumer Protection and legal meteorology Trade defense measures Double taxation Avoidance Convention (DTAC) Bilateral Investment Promotion & Protection Agreement (BIPA) Treatment of “Shell Companies” Air services agreement & open skies for charter flights Health care, education, media, tourism Unauthorized trade Govn procurement, IPRs & GIs Dispute Settlement process Which Arrangement to choose from? CEPA: Tariff Elimination on goods E-0 Tariff will be entirely eliminated on the date the agreement enters into force (January 01, 2010) E-5 Tariff will be removed in 5 equal annual stages beginning on the date the agreement enters into force, effective January 1 of the year* four E-8 Tariff will be removed in 8 equal annual stages beginning on the date the agreement enters into force, effective January 1 of the year* seven RED Tariff will be reduced to 1 – 5 % from the base rate (2006) in 8 equal annual stages beginning on the date the agreement enters into force, effective January 1 of the year seven SEN Tariff will be reduced by 50% of the base rate (2006) in 8 equal annual stages for India and 10 annual stages for Korea on the date the agreement enters into force, effective January 1 of the year seven (for Korea) and year nine (for India) EXC Tariff is exempted from the obligation of tariff reduction or elimination Let’s check the implications out of a total of 5227 tariff lines, 14.7% of the tariff lines have been placed under the Exception list, which accounts for 14.5% of the import value. 71.5% of the tariff lines are subjected to tariff elimination, most of this (over 90%) is accounted by E8. However, in terms of import value, E0 accounts for 38.4% while E8 accounts for 22.1%. Compared to this, the combined import significance of RED and SEN is low at 11%. Out of a total of 11261 tariff lines, about 89% is subjected to tariff elimination, whose share in import value is 84.5% Unlike India, about for 61% of the total imports. The relative importance of E5 in much higher for Korea as compared to India. The Exception list account for only 7% of the imports. India's Export to Korea HS 2 Digit HS 6 Digit Tariff rates in Korea Korea's Schedule of tariff concessions 1 27 (Mineral Fuel, Oil, etc) 271011 (Light Oil, Preps (Not Crude)) 5 RED 2 29 (Organic Chemicals) 290124 (Buta-1,3-Diene and Isoprene) 0 E-0 3 26 (Ores, Slag, Ash) 262030 (Mainly Containing Cooper) 2 E-0 4 52 (Cotton + Yarn, Fabric) 520523 (Single Yarn, Combed, 43-52Nm) 8 EXC 5 72 (Iron & Steel) 720241 (Chromium >4% Carbon) 3 E-0 6 71 (Precious Stones, Metals) 711299 (Waste And Scrap of Precious metals) 2 E-0 7 84 (Machinery) 840999 (Spark-ignition Parts) 5 E-0 8 23 (Food Waste; Animal Feed) 230649 (Rape/Colza Seed Oilcake) 0 E-0 9 76 (Aluminum) 760110 (Not Alloy) 3 E-0 10 79 (Zinc + Articles Thereof) 790111 (N Al=>99.99% Zinc Weight) 5 E-0 11 32 (Tanning, Dye, Paint, Putty) 320417 (Pigments & Preparations) 8 E-5 12 85 (Electrical Electrodes) 854511 (Furnace Carbon Electrode) 5 E-0 13 24 (Tobacco) 240120 (Stemmed/Stripped) 20 EXC 14 12 (Misc Grain, Seed, Fruit) 120740 (Sesame Seed) 630% or 6660/kg EXC 15 38 (Misc Chemical Products) 380891 (Insecticides, In Forms) 6.5 E-0 16 78 (Lead) 780199 (Other Non Refined) 5 E-0 17 41 (Hides & Skins) 411410 (CHAMOIS Leather Prep Tan/Crust ) 5 E-5 18 87 (Vehicles, Not Railway) 870899 (Other 8708) 8 E-0 19 73 (Iron/Steel Products) 730490 (Other 7304) 0 E-0 20 03 (Fish & Seafood) 030379 (Other 0303) 10 to 63 E-8 & EXC at 8th HS level Major Goods Benefiting from CEPA Staging Category E-0 Exports to Korea Naphtha, benzene, polycarbonates E-5 Lubricating oil, u-sonic scanning applications, glass beads E-8 Antibiotics, other residues, nonindustrial / unworked diamonds Cashew nuts, turmeric (curcuma), gasoline Corn for animal feed, mango, single cotton yarn Meat of bovine animals, meat of swine, pure cotton yarn RED SEN EXC Analyzing Indo ASEAN agreement Export opp. in ind ASEAN countries Thailand: Electrical machinery, Nucler reactors, Vehicles, Mineral Fuels, Pearls Malaysia: Cereals, Copper, Organic Chemicals Idonesia: Electrical Machinery, Vehicles, Cotton, Iron, Iron & Steel, Ships & boats Electrical Machinery, Vehicles, Cotton, Iron, Iron & Steel, Ships & boats Philippines: Meat, Food residues, Pharmaceutical, Rubber, Electrical machinery, Vehicles Vietnam: Meat, Electrical machinery, Ships & boats Import Duty concessions. structure Thailand:Vehicles (87) Malaysia: Electrical machinery (85) Indonesia: Edible Fruits & nuts (08), Electrical machinery (85), paper board (48) Philippines:Vehicles (87), Optical photo (90), Paper Board (48) Vietnam: Coffee, Tea, Spices (09), Electrical machinery (85) Duty Concessions for Sri Lankan Exports to India Tariff Reduct ion Tariff Lines Remarks 1998 2005 100% 1351 4150 50% 2799 0 50%Tea 5 5 50%Garme nts 25%Textile s 233 528 233 528 The Rules of Origin (RoO) criteria have To be made duty free alsofrom been2004 defined under ISLFTA. The duties will of be tea applicable 50% fixed tariff preferential concession for imports from Sri Lanka if of the value-addition is at a (Annual maximumonly quota 15domestic million Kilograms) minimum of 35 percent or while 25 percent Garments covering Chapters 61 & 62 remaining when Indian inputs comprise 10 percent. in the negative list, will be given 50 percent tariff concessions on a fixed basis, subject to an annual restriction of eight million pieces, of which six million shall be extended the concession only if made of Indian fabric. On utilization of the unrestricted quota, an additional quota of 2 million pieces out of 8 million pieces is permitted. The quota level per category is increased from 1.5 million to 2 million pieces per category per year. Concessions of Textile items restricted to 25 percent on Chapters 5156, 58-60, & 63. Four Chapters under the Textile sector retained in the negative list (Chapters 50, 57, 61, and 62) Total Tariff Lines at 6 digit Duty Free Tariff Line Concessional Tariff Lines Negative List Tariff Lines (01) Live Animals 28 0 23(100.0) 0 (02) Meat & Edible Meat 70 38 21(36.0) 0 (03) Fish & Crustaceans 95 0 94(100.0) 0 (04) Dairy Products 28 0 27(100.0) 0 (05) Products of Animal Origin 17 0 17(100.0) 0 (06) Live Trees & Other Plants 14 5 7(58.0) 0 (07) Edible Vegetables 64 43 13(23.0) 0 (09) Coffee, Tea, Mate & Spices 34 0 28(100.0) 0 (10) Cereals 16 0 16(100.0) 0 11 Products of Milling Industry 35 0 29(100.0) 0 (18) Cocoa & Cocoa 11 0 11(100.0) 0 (19) Preparation of Cereal 20 0 19(100.0) 0 (20) Preparation of Vegetables, Fruits 57 0 50(100.0) 0 (21) Miscellaneous Edible Products 17 0 15(100.0) 0 (40) Rubber & Articles thereof 101 0 54(63.0) 32(37.0) Commodity description/code Regional 0rientation Index (Rj) Where: • Xrj represent the value of exports of j (Commodity )in RTA’s intra trade •Xtr reflect the total value of member countries’ exports within RTA •Xoj represent the value of exports of j in trade with third countries •Xto reflect the total value of member countries’ exports outside RTA Value of > 1 indicates greater tendency to export to regional markets Let’s Analyse this….. Indian shrimp exporter has two choices say USA and Australia where India does not have RTA with either of these countries. Your competing supplier of shrimps in these markets is Vietnam who in turn has an RTA with both these countries. ROI of Vietnam-USA is 3.5 and ROI of Vietnam-Australia is 4.2. In this condition, if you were to choose between USA and Australia, which market will you choose and why? Parameters to analyze an RTA Nature of RTA Status of the partner countries in an RTA Strength of an RTA: RO index Negative List Sensitive List Concessional list Duty Free list Rules of Origin Time periods of the Concessions Ready reference for Indian Exporters Tea, medicines plastics rubber refined sugar pharma white cement dyes and resins leather Vanaspati(one lakh mt), copper products (10,000mt), acrylic(10,000mt), organic chemicals, pharma, essential oils, plastics, rubber, textiles Zinc oxide(2,500mt) electric machinery Ready reference for Indian Exporters ROO :30% Tea, medicines refined sugar white cement ROO :10-100% plastics rubber pharma dyes and resins leather Vanaspati(one lakh mt), copper products (10,000mt), acrylic(10,000mt), textiles Zinc oxide(2,500mt) ROO :10-20100% organic chemicals, pharma, essential oils, plastics, rubber, electric machinery Ready reference for Indian Importers raisins, dry fruits, fresh fruits, spices meat, fish, rock salt, iodine, copper ore, chemicals, leather, newsprint, paper, wood/plywood all products of nepalese interest Meat products, chemicals, dyes and pigments, raw hides and skins, leather, glass, wool, articles of iron and steel, electrical machinery