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Import and export trade in China, both domestic enterprises or foreign-invested enterprises, they are engaged in a large proportion of processing trade. Processing Trade of China's foreign trade plays an important role in the development, but also the focus of the government and enterprises. Do a good job of processing trade, not only for the development of China's import and export trade, but also to improve the level of foreign investment and economic restructuring in China has an important role. This paper attempts to rules of origin of the product, analyzing the processing trade and foreign investment to improve the level of the method. Years, China has been the West's trade surplus with the individual problems. But the reality is that we just One reason is that China's export trade, 57% of the volume of trade (77% in Guangdong Province) is carried out under the processing trade. According to our survey, which trade under the export products, there is a lot of low value-added phenomenon. Means that Chinese enterprises only after simple processing of imported materials, modification, charge a small processing fee, the product exported. Most of this trade has not brought the number of high-tech, export figures is indeed the head statistics in China, disguised to pass a large trade surplus with China. More Unfortunately, the hard-won passive quota of textiles has also been a significant part of the share of processing trade. For example, U.S. textile quotas allocated to China, about 1 / 2 in the case of this situation. Can be seen, there is considerable export of processing trade of the Reform and opening up two decades, considerable scale of foreign capital, significant achievements, but not necessarily satisfactory. The reason is the How to improve China's export trade and foreign investment levels? How to use How best to expand domestic demand, the introduction of foreign high-tech? This is before us a major issue. Address these issues need supporting policies and regulations promulgated and implemented. However, we believe that rules of origin take advantage of this economic leverage, through scientific and reasonable cargo Nationality Act, to optimize our industrial structure, improve the level of China's exports and attract investment, is worth our study and an important issue. First, the meaning of rules of origin and function (a) the meaning of rules of origin origin of the goods, the goods on the International Trade in the production and constitute the vast majority of products are involved in a number of countries. Determine their Import and export products to determine the nationality of the right is a very complex, very strong legal policy work. In the long-term practice of international trade, countries gradually evolved to the last occurrence of For example, a 1886 case of United States pointed out that the The face of thousands of For this reason, most countries are both to the domestic value-added rate, specific tax items and changes in processing procedures and methods developed their own (b) the role of rules of origin for their own economic interests States to consider, from the starting orientation of the different industries has taken a different origin criteria, in order to achieve industrial restructuring , expanding domestic demand, the coordination of economic development. Therefore, rules of origin is a huge economic interests behind the As international trade in sensitive political and economic problems there, objectively, there are still all kinds of differential treatment, therefore, rules of origin also plays an important role in the following areas: country quotas, anti-dumping measures, preferential trade treatment, trade statistics by country and country of origin marking. Visible, rules of origin are involved in an important national economic interest laws, a country's external trade policy measures important part. Second, the United States, the EU is how to use rules of origin to safeguard its own economic interests? A long time, the international community have not developed a global harmonization of rules of origin. Thus, the major Western countries and regions have their own economic development against the need to develop a number of different sets of rules of origin in order to safeguard their own economic interests. For example, the U.S. and EU legislation in the rules of origin, through the flexible standards of different origin, to the introduction of high technology,[link widoczny dla zalogowanych], attract foreign investment, import restrictions to protect domestic industries and increase employment and other economic targets. (a) the use of rules of origin to the introduction of high-tech targets. For the introduction of high technology, the European Union stipulates that the high-tech products, their origin should be the location for the application of high technology. For example, the European Commission in 1987 launched a campaign to the memory made in Japan (as an integrated circuit) of the anti-dumping proceedings. At that time, some Japanese IC manufacturer to be assembled only in the EC and testing process, and will To this end, the Commission issued in 1989, rules of origin for integrated circuits, which states: the origin of integrated circuits should be carried out In accordance with the rules of origin, the production of integrated circuits in the Community of origin should be in Japan, anti-dumping duties should be paid. Development of the integrated circuit is the purpose of rules of origin: within the EC to force foreign companies to As a result, foreign companies investing in the European rapid increase in the IC industry. (b) the use of rules of origin to attract foreign investment objective. North American Free Trade Area of the enterprises to enjoy preferential tariff treatment area must be made to make the products eligible for the North American origin. North American Free Trade Agreement in the very strict rules of origin, thus forcing companies outside the North American Free Trade Zone to invest heavily to set up factories. For example, according to the North American Free Trade Agreement rules of origin,[link widoczny dla zalogowanych], copiers and all the main printed circuit board assembly must be in production in the region, the North American origin in order to obtain qualifications to be able to enjoy preferential tariff treatment to the region. The rules of origin copiers Xerox intended to prevent competitors - Japan's Canon Inc. and other low-cost China and Malaysia's state investment to set up factories, and forced Japan's Canon Inc. in the United States, Virginia, about 100 million U.S. dollars investment in the construction of a copier manufacturing plant,[link widoczny dla zalogowanych], to increase employment opportunities for Americans. (c) the use of rules of origin to restrict imports of the target. For example, the U.S. Congress decided in 1996 to the origin of textiles and clothing by the criteria of As a longer period of time in the past, China's garment industry design capacity of less common problem, I lost a considerable proportion of the U.S. Department of clothing taken from the Hong Kong tailoring, the Mainland's processing trade sewing. United States 1996 export purposes. (d) the use of government procurement in the To protect their own industries, increase employment, the United States in 1933 formulated the % -12% (or even some products up to 50%), should be given priority to buy The so-called United States each year about 2,000 billion government budget for government procurement. Strict Rules of origin in order to minimize the obstacles to international trade,[link widoczny dla zalogowanych], the Uruguay Round of the first multilateral Currently, the WTO is the origin of the goods on each standard coordination. Prior to this, non-preferential rules of origin-making powers still held hands in the country. In addition, the preferential rules of origin are not yet included in any multilateral system, therefore, in the formulation used to determine whether the product is eligible for GSP and other preferential trade treatment rules of origin, countries are still very arbitrary, We should seize the opportunity. Third, the origin of the problems legislative rules of origin of the current legislation consists of rules of origin of imported goods and export goods, rules of origin for the two blocks. To determine the applicable tax rate of imported goods, the Customs General Administration in 1986 enacted a In order to export goods the issuance of the certificate of origin rules to follow, in 1992 the State Council executive meeting drafted by the Ministry of Foreign Trade In line with the implementation of the rules, MOFTEC has successively promulgated the The core rules of origin is to determine the goods The existing rules of origin of the most important question is: failure to develop sensitivity to different products of varying degrees width strict standards of origin and thus can not effectively use rules of origin to maintain our economic interests. (a) the formulation of products not on the quota of special origin criteria, resulting in theft of export interest to be foreign. Present, to promote the development of processing trade, the origin of the value of the standard is generally low, and there is no quota for products of developing special origin criteria, the localization rate is very low under the quota of processed products can be made nationality, For example, in cloth bags, part of the foreign-invested factories in the mainland the main purpose is to apply my cloth bags exports to the U.S. These cloth bags full of raw materials from abroad, only in the mainland, But according to the rules of origin, the processed cloth bags can be made The processing of domestic industry unable to play leading role in the chain, also failed to expand domestic demand, but instead squeezed the company's domestic fabric market. (b) the domestic production capacity in China is not a relative surplus of the product development of more stringent standards of origin, resulting in export products frequently lead to foreign anti-dumping charges and sanctions. For example, in the European Union in 1994 launched against our country of origin of the big TV screens, anti-dumping investigation period, China's exports to the EU's big TV screens, a total of 515,000 units (including exports of the three Sino-Japanese joint venture to 11.7 million units produced by the Japanese kinescope), 24.5 million color TV sets for the EU total consumption of 2.1%. European color TV standard in accordance with the provisions of origin, the origin of color TV picture tube according to the origin should be determined. Thus, 11.7 million units produced by Japan's color TV picture tube assembly should be regarded as In this way, obtained through the use of Chinese-made tube However, the origin criteria according to China's color TV, the tube produced by the Japanese in our country to certificate of origin. Thus, not only the 117,000 units held by Currently, the EU is still on my big and small screen color TV impose anti-dumping duty of 28%. Shows that the origin of color TV standard is too low, contributing to a large number of enterprises with foreign-made color TV tubes, the name of This has seriously affected the export of color TV and color TV, the CPT industry in their own development. (c) With the development of timely amendment is not about the product origin criteria, rules of origin can not be reasonable cause to guide foreign investment. The origin criteria of export goods in 1992, has been developed in a period of more than eight years with the development of technology in a timely manner not to amend the product origin criteria, rules of origin can not play cause a reasonable guide the industry The role of development and foreign investment. For example, China in December 1997 in accordance with the revised the special origin criteria. Similarly, China is currently no electronic computer the special origin criteria. Thus, our current rules of origin can not be a reasonable guide to foreign investment,[link widoczny dla zalogowanych], foreign capital will not reach the objective of optimizing the industrial structure.