The Role of the Rules of Origin in Anti- Circumvention Measure: The Analysis of the Harley-Davidson Case

• 발행기관: 한국무역학회
• 저자명: Kyoung-Jin Park
• 간행물 정보: 『Journal of Korea Trade (JKT)』Vol.29 No.6, 129~143쪽, 전체 15쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2025.10.30

국문 초록

Purpose – This paper aims to demonstrate how Rules of Origins (RoO), traditionally regarded as technical and neutral instruments, have increasingly become contentious legal tools reflecting the shifting realities of international trade. This paper analyzes the recent Harly-Davidson case handed down by the Court of Justice of the European Union (CJEU) in November 2024. By examining this case, this article argues that the RoO are becoming a regulatory burden on traders, particularly as global trade enters a new, uncertain phrase marked by the resurgence of tariff wars and retaliatory measures. Design/Methodology – This paper combines legal research, literature review, and case studies to analyze the rules of origin in anti-circumvention investigation. First, this paper overviews the multilateral framework in the WTO context. Next, it briefly touches on the EU’s legal architecture of RoO and reviews the provisions of Article 33 of Delegated Regulation (EU) 2015/2446, an anti-circumvention provision in EU customs law. It then examines the Harly- Davidson case, the first judicial decision to apply and interpret Article 33 of Delegated Regulation (EU) 2015/2466. Findings – Main findings can be summarized as follows: The CJEU clarifies that production relocation is not economically justified under Article 33 when the primary or dominant purpose of relocating production is to circumvent additional duties or measures. Secondly, the CJEU reaffirms that the right to be heard is critical in administrative proceedings. However, it further noted that a breach of such right should be warranted only where it is established that the procedural irregularity may have influenced the outcome of the decision, adversely affecting the party’s rights of defense. Originality/value – This case has a significant effect on the production and supply chain strategies for multinational enterprises under the looming of new chapter of tariff wars. It is highly expected to increase and reinforce anti-circumvention measures around the world to defend WTO member’s own interests.

목차

1. Introduction

2. Background to the Harley-Davidson Case

3. Rules of Origin under the Multilateral Context

4. Non-Preferential Rules of Origins in the EU Customs Code

5. Analysis and Implications of the Harley-Davidson Case

6. Conclusion

References

키워드

Anti-Circumvention Customs Law Duty Evasion Non-Preferential Rules of Origin Rules of Origin