Non-preferential origin and sustainability: the real rules of origin challenge

Non-preferential origin is the "default" origin behind anti-dumping duties, sanctions, quotas and, increasingly, the EU's sustainability agenda - yet it is often far less well understood than preferential origin. This recording is essential viewing for customs and trade compliance professionals dealing with trade defence measures, CBAM or deforestation-related due diligence.

Topics covered:

• Why non-preferential origin matters: its role in anti-dumping and countervailing duties, safeguards, quotas, sanctions and labelling, and why these can carry far higher financial stakes than ordinary tariffs
• How non-preferential origin underpins CBAM and the EU Deforestation Regulation (EUDR)
• The international legal framework (or lack of it): GATT, the WTO Agreement on Rules of Origin, and the WCO Revised Kyoto Convention
• The EU's non-preferential origin system: the Union Customs Code, the "wholly obtained" and "last substantial transformation" tests, Annex 22-01, open norms, minimal operations and the residual "major proportion" rule
• How the US and Canadian approaches differ, including the US "substantial transformation" doctrine and its discretionary application to anti-dumping/countervailing duty cases
• The Harley-Davidson case before the EU courts, and what it reveals about the "economic justification" test for relocating production
• The US Uyghur Forced Labor Prevention Act (UFLPA) and its non-preferential origin overtones
• A Canadian case study on raw steel forgings and the multiple origin/marking tests a single product can face
• Practical advice for companies: strengthening supplier due diligence, documentary evidence and data exchange
• Applying for binding origin rulings (BOI/BTI) across different jurisdictions, and the right to be heard
• Determining non-preferential origin for kits and sets

For a broader overview of the topic, please watch the full recording. The slides are available in the Resources section.

Please note that this summary was generated using AI, based on the recording and available slides.