Page 25 - Abyssinia Business Network ABN August 2019
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packaging and blending, require   In contrast, tea exported from  they  do not  require  a  change  in
                relatively smaller enhancements to   Kenya is subject to a 2.5 per cent  classification.
                existing productive capabilities.  tariff. While understandable from a
                                                  historical perspective, these kinds  While  the  political  economy
                                                  of disparity  may  inadvertently  motives behind the more restrictive
                                                  disrupt  the  smooth  working of  regime in EAC are understandable
                                                  EAC trade integration  and create  in light of tea’s importance for the
                                                  incentives for trade deflection.  subregion, the   interplay  of  these
                                                                                   different regimes has a determining
                                                  Given the situation  described  effect on the market potential of the
                                                  above, it would be worthwhile  region. For instance, the pivotal role
                                                  to compare the rules of origin  of Kenya in the regional value chain
                                                  provisions for tea products across  is not only due to its dominance in
                                                  selected   regional   economic terms of tea production, but is also
                                                  communities,  with a view to  partly facilitated by its overlapping
                Second, consideration  of the     examining  commonalities  and/ membership  of COMESA and
                prevalence of overlapping regional   or  differences,  in  an  attempt  to  EAC. Although blending does not
                economic community membership     determine how they have shaped the  confer origin, the relatively looser
                also points to some of the flaws of   corresponding value  chain  and to  rules of origin criteria  adopted  by
                the existing   configuration,  which  assess the scope for harmonization.  the former imply that  tea  from the
                could be addressed by the         The summary comparison in table  United  Republic  of  Tanzania
                Continental  Free  Trade Area.    5 suggests that even for a fairly  may, for example, be exported to
                Given  the  differential  extent   simple product such as tea, there is  Kenya duty free under the EAC
                of  tariff  liberalization  in  such   a considerable degree of variability  arrangement, then blended with an
                communities,        overlapping   in the rules of origin discipline  equivalent value of Kenyan tea in
                membership of different regional  across the regional economic  Mombasa and again exported duty
                economic     communities    has   communities.  Such variability is  free to other COMESA countries,
                important  consequences  in  terms   even  greater  when considering  provided that  the  value  of non-
                of  different  tariff  rates  faced  by   some of these, such as ECCAS and  originating  material  is less than
                exporters, a situation  with the   ECOWAS, which have general  60  per  cent.  The  same  option,
                potential to hinder the viability of   rules that are formulated in terms  however, would incur higher costs
                regional value chains, or at the very   of uniform percentages  of value  if  blending  took  place  in  Dar-es-
                least, to shape their configurations   added  content  applied  across  the  Salaam, as the United Republic
                in  a  suboptimal  manner. For    board. In principle, among the  of Tanzania is a member of EAC,
                instance,  tea  exports from EAC   regional  economic  communities  but not of COMESA; hence  the
                to  Egypt  are  subject  to  different   considered in table  5, the degree  final product would not be eligible
                tariffs.  This  depends  on  whether   of  restrictiveness  varies  between  for COMESA treatment.  At the
                the  exports  originate  in  Kenya,   EAC, where all tea must be wholly same  time,  the  differences  in
                which  like  Egypt,  is a  member   obtained;  SADC,  where a more  rules of origin provisions might
                of COMESA,  or whether they       permissive regime applies to black  inadvertently  have  contradictory
                originate in the United Republic   tea; and COMESA,where variable  implications  in practice.  For
                of Tanzania. As a member of EAC   percentages  of non-originating  instance, the same blend of 70 per
                and SADC, but not of COMESA,      inputs  can  be  utilized  without  cent Tanzanian black tea and 30 per
                the United Republic of Tanzania is   prejudice to preferential treatment,  cent non-African black tea may be
                subject to the mostfavoured nation   depending on which criterion is  considered  an originating  product
                tariff. Likewise, Burundi, Rwanda,   utilized to prove originating status.  within SADC, but not within EAC,
                Uganda and the United Republic    In comparison, the rules of origin  with  ensuing  effects  on  the  level
                of Tanzania benefit from duty-free   provisions of the European Union  of  market  access  across  different
                treatment  for African  LDCs with   Generalized System of Preference  African countries and regional
                regard to exports from Morocco.   scheme are even more liberal,  as  economic communities.

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