ECFA를 통해 본 CEPA 내 중국 및 홍콩의 서비스무역법률 및 원산지규칙의 개선방안 고찰 －ECFA 규정의 고찰을 통한 시사점을 중심으로－

Guangdong is adjacent to Hong Kong and there is frequent trade between two cities. CEPA, as an important method for China to join regional economic integration, has far reaching influence on the trade development between the two cities. Under the conditions, how to master the opportunity and challenge of CEPA agreement, to avoid and prevent the threat of detour dump and antidump, to take advantage of government, enterprise and talents to cooperate with each other in international trade and make full use of antidump coordinative effect of CEPA have turned out to be a subject worthy of research. Rules of origin is one of the fundamental instruments to implement the CEPA. Under the present CEPA framework, the foremost rules of origin for trade in goods is the “manufacturing or processing operations” criteria, supplemented with the “change in tariff heading” criteria as well as the “value - added content” criteria. As for trade in services, CEPA adopts the registration and local operation criteria to determine the “service supplier". These rules match well, to some extends, with the economic realities of Hong Kong, but certain problems still emerged from practices, for example, some rules are far more than accurate, some are too complicated, and some even cause suspect of violating relevant WTO rules. Therefore, we may adopt the “change in tariff heading” critera and the cumulation provision on trade in goods and adopt the “loose capital control” critera on trade in service.