한국과 캐나다 양국이 체결한 기존 FTA 원산지규정 비교ㆍ분석

Comparative Analysis of Rules of Origin in the FTAs Established by Korea and Canada

&nbsp;&nbsp;With surveying based on an analysis of item by item, Korea and Canada trade relation structure is generally mutual compensatory rather than serious competitive. So, the forthcoming Korea and Canada FTA will bring remarkable development of trade between both countries.<BR>&nbsp;&nbsp;Generally determination of the origin of an imported good is needed to ascertain whether such a good is eligible for preferential treatment in the importing country. Also, rules of origin in an FTA prevent products from non-parties to the FTA parties to gain preferential access to the market. So, in order to prevent a free rider, each FTA, including the prospective Korea-Canada, the Korea-the United States FTA, has rules of origin. Of course, the rules of origin in an FTA should be complied with the WTO legal regime.<BR>&nbsp;&nbsp;To arrange better rules of origin in the conclusion of Korea-Canada FTA, the article analyzes rules of origin in the FTAs established by Korea and Canada, such as NAFTA, the Canada-Chile, the Korea-Chile, and the Korea-Singapore FTA. The analysis of rules of origin in those FTAs would be helpful in the negotiation for the conclusion of Korea-the United States FTA, etc.<BR>&nbsp;&nbsp;As the Korea-Singapore FTA, the goods produced in the "Gaesong Industrial Complex" and other economic zones located in North Korea shall be considered originating goods in the Korea-Canada FTA. Such exceptional rules would be a good practice for future FTA negotiation such as the Korea-the United States FTA.<BR>&nbsp;&nbsp;Considering many Korean producers use lots of the non-originating materials produced in China, generally the "RVC" requirements of Canadian draft should be relaxed. Also, the maximum value of "De Minimis" should be extended from ten percent of the Canadian draft.<BR>&nbsp;&nbsp;"Outward processing" rules in the Korea-Singapore FTA and Diagonal cumulation rules need to be induced in the Korea-Canada FTA.