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。
60% U.S. content and that final assembly occur in the United States.
Buy American Act, which applies to all US federal government agency purchases, requires that all goods for public use must be produced in the US and manufactured in the US from US materials (for manufactured goods). It does not apply to services. Grant programs and state procurement are not covered by NAFTA or the WTO Agreement on Government Procurement.
Many states and municipalities include similar geographic production requirements in their procurements.
2. e. (viii) The Problems Within
Even before Indian exporters worry about facing NTBs in the US, they are faced by several challenges in terms of poor infrastructure, delays and red tape.
Table 3: DB 2009 – Trading Across Borders
Indicator
India
OECD
Documents for export (number)
8
4.5
Time for export (days)
17
10.7
Cost to export (US$ per container)
945
1,069.1
Documents for import (number)
9
5.1
Time for import (days)
20
11.4
Cost to import (US$ per container)
960
1,132.7
The World Bank estimates that container delays at Indian ports cost about $70 million a year. According to UNESCAP, cargo ships from Indian ships are not cost efficient, incurring high detention costs of approximately $15000–20000 per day.
3. Other Issues
The Department of Commerce maintains a ‘dynamic’ database for the NTBs and NTMs faced by Indian exporters in different countries
3. a. Non-Tariff Measures
Table 4: Major NTMs maintained by US against Indian Exports
Item
Details of NTM
Marine products
Increased inspections under the Bio-Terrorism Act
Customs Bond requirement
Mandatory labeling discriminating “farm raised” and “wild” with punitive fines and non-recognition of EIC certification.
Paper products
Non scientific quarantine restrictions
Customs surcharges
Eco labeling stipulations and food safety/ health standards exist on paper products exports.
Tobacco
A Tariff Rate Quota regime restricts imports.
Food products
Detailed labeling requirements are stipulated with extensive product and content description.
3.b. Non-Tariff Barriers
Table 5: Major NTBs maintained by US against Indian Exports
Commodity
Type
Details
Fish
Anti Dumping
Customs bond requirements
Regulations
Increased inspections under the Public Health Security and Bioterrorism and Response Act of 2002 (Bioterrorism Act)
Labeling
Mandatory labeling of country of origin / whether 'farm raised“ or 'wild“ for fresh fish and shellfish under the Country of Origin Labeling Program and Public Law 107-171. Punitive fines of $10000 per violation
Certification
US has not agreed to recognition of EIC certificati
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