ABOUT THE RULES OF ORIGIN FOR GOODS IN INTERNATIONAL TRADE

The rules of origin for goods are understood in this research as legal instruments that respond to the dynamism of commercial exchanges within a changing market context, where new scenarios constantly emerge, leading to the refinement of production processes and product innovation. The study places special emphasis on the use of rules of origin as instruments of trade policy for controlling the flow of trade and investments, as well as on the crucial role that information and interaction between states and interest groups play in the development of trade strategies and policy implementation. The role of the company, and among them, multinationals, is relevant in the configuration of the commercial regime; therefore, it is analyzed how the rules of origin are constituted as legal instruments that allow companies to establish advantages aimed at the internationalization of production. In the origin regime, the private sector, specifically companies, producers, and merchants, are the ones who ultimately execute the rules; therefore, it is estimated that these instruments regulating trade have an impact on decision-making regarding how production processes are structured, and thus, they must be known, explored, and analyzed by those involved in production and commercial chains.

The analysis now presented is largely retrospective, that is, on trade regimes with rules that have already been issued, agreed upon, and implemented. This is so because such information provides data that facilitate the deduction of the essential characteristics and economic and political effects of the origin regimes. Similarly, it is important to reiterate that one of the inherent difficulties of international trade is the proliferation of common and preferential origin regimes. Therefore, the research is partly limited to the North American experience, mainly with the North American Free Trade Agreement (NAFTA), the predecessor of the current United States-Mexico-Canada Agreement (USMCA). In this sense, while constant reference is made to the experience of the North American partners, it is also contrasted with data from the European community, undoubtedly a benchmark of depth in economic integration, as well as the harmonization of origin rules within the GATT-WTO system. Similarly, it should be noted that in the reference to the state, the activities of other public authorities are also included, such as the administrative authorities of an international organization with customs jurisdiction, like the case of the European Union.

In the present research, it is assumed that the origin regime of goods is a complex issue in itself that must be deconstructed and analyzed from a critical and multidisciplinary perspective. Moreover, due to the multiplicity of origin regimes, it is assumed that there is a factual convergence, or a directed harmonization, as the case may be, to make exchanges more efficient and allow the commercial system to operate optimally; specifically, that there are institutional efforts to enable interaction between origin regimes regardless of their inherent complexity.

Thus, in the first chapter, the concept, characteristics, and typology of the origin regime of goods are addressed, which constitutes an essentially descriptive study that provides sufficient elements to identify the subject of analysis. Subsequently, from a qualitative perspective and drawing on the main theories, Chapter II analyzes the origin regime based on the effects it generates in trade and investments, as determining measures for the structuring of legal-commercial regimes, the implementation of commercial instruments (tariffs, quantitative restrictions, safeguards, country of origin marking, statistical trade control, etc.), and the formation of value chains. Regarding Chapter III, a theoretical analysis of origin regimes is proposed in terms of their complexity, essential elements, circumstantial elements, gradation of flexibility, transformation control, and system management elements. Subsequently, in Chapter IV, the origin regime is studied concerning the management of actors, interests, and the flow of information, as necessary elements to identify the problems that emerge in the negotiation and implementation of origin regimes. Regarding Chapter V, the mechanics of origin regime negotiations are analyzed as a multi-level intervention dynamic, focusing on the processes carried out in the North American area, specifically the NAFTA and the subsequent USMCA. As much as possible, a global view of the phenomenon is sought, allowing for the comparison of national, multilateral, or preferential origin regimes; and for this reason, the focus is not on customs specifics except in cases where it is necessary for the analysis.