摘要:这篇留学生法律论文主要分析印度公司在美国所面临的问题,这份报告的目的是为了强调印度对美国出口时面临的不同问题和非关税壁垒。报告还建议利益相关方应该采取一定的措施。
anisms that affect the entry and ability of products to compete in the two markets.
Through a series of workshops, small groups of experts from targeted industry sectors will participate in technical discussions about regulations, standards, and conformity
Assessment activities that could significantly affect the requirements for their industry.
Key Players in India-US SCCP Program
Confederation of Indian Industry (CII)
The apex industry association actively involved in supporting industry participation in standards and conformance activities.
U.S. Trade and Development Agency (USTDA)
American National Standards Institute (ANSI)
US non-profit organization representing the private and public sectors and including experts from industry, standards organizations and conformance bodies.
Bureau of Indian Standards (BIS)
The National Indian Standards body and division of the Ministry of Consumer Affairs, Government of India.
1.b. Understanding Non- Tariff Barriers
“Any restriction imposed on the free flow of trade is a trade barrier. Trade barriers can either be tariff barriers, that is levy of ordinary customs duties within the binding commitments undertaken by the concerned country in accordance with Article II of GATT or non tariff barriers, i.e. any trade barriers other than the tariff barriers.”
Non-Tariff Barriers can be broadly categorized into:
Anti-Dumping and Countervailing Measures
Export Subsidies and Domestic Support
Standards, Testing, Labeling and Certification Requirements
Import Policy Barriers
Government Procurement
According to the RIS paper “Non-Tariff barriers affecting India’s Exports”, UNCTAD’s TRAINS database lists the following as some of the hardcore NTBs applicable to all imports to the United States:
Tariff quota
Antidumping duty
Countervailing duty
License for selected purchasers
Authorization to protect human life, animal life, plant health, wild life
Authorization to ensure human safety, national security
Quota to control
Prohibition to protect human health or to ensure human safety
Product characteristic requirements
Marking / labeling requirements
Testing, inspection, or quarantine requirements to protect human
Figures 1: Non-Tariff Barriers facing Indian exports in the United States
2. Survey
Data was collected by the means of a questionnaire emailed to over 8000 firms from the CII members’ database. Selected firms from the members’ databases of several export promotion councils such as TEXPROCIL, Pharmaceuticals Export Promotion Council, GJEPC were also contacted. Information was successfully gathered from 19 of these firms out of which 7 reported having some or multiple issues while exporting to the US.
2.a. Focus Sectors of SCCP
The 10 key focus sectors from Indian side are:
Gems & Jewellery
Apparels & Textiles
Machinery & Mechanical Appliances
Automotive Industry
Electrical Equipment including Instrumentation
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