ENFORCEMENT DECREE OF THE ACT ON SPECIAL CASES OF THE CUSTOMS ACT FOR THE IMPLEMENTATION OF FREE TRADE AGREEMENTS
Wholly Amended by Presidential Decree No. 27300, jun. 30, 2016
Amended by Presidential Decree No. 27680, Dec. 26, 2016
Presidential Decree No. 28836, Apr. 30, 2018
Presidential Decree No. 29522, Feb. 8, 2019
Presidential Decree No. 30099, Oct. 1, 2019
Presidential Decree No. 30160, Oct. 29, 2019
Presidential Decree No. 30409, Feb. 11, 2020
Presidential Decree No. 31340, Dec. 29, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe the matters delegated by the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, and other matters necessary for the implementation thereof.
CHAPTER II APPLICATION OF CONVENTIONAL TARIFFS
| Article 2 (Conventional Tariff Rates) |
| (1) | Pursuant to Article 4 (1) of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements (hereinafter referred to as the “Act”), and Article 3.4 of the Free Trade Agreement between the Government of the Republic of Korea and the Government of the Republic of Chile (hereinafter referred to as the “Agreement with Chile”), imported goods originating from the Republic of Chile subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 1. |
| (2) | Pursuant to Article 4 (1) of the Act and Article 3.4 of the Free Trade Agreement between the Government of the Republic of Korea and the Government of the Republic of Singapore (hereinafter referred to as the “Agreement with Singapore”), imported goods originating from the Republic of Singapore subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 2. |
| (3) | Pursuant to Article 4 (1) of the Act and Articles 2.1, 2.3, and 2.4 of the Free Trade Agreement between the Republic of Korea and the EFTA States (including the Agreement on Agriculture between the Republic of Korea and the Republic of Iceland, the Agreement on Agriculture between the Republic of Korea and the Kingdom of Norway, and the Agreement on Agriculture between the Republic of Korea and the Swiss Confederation, all of which constitute integral parts of the Free Trade Agreement between the Republic of Korea and the EFTA States; hereinafter referred to as the “Agreement with the EFTA States”), imported goods originating from the EFTA States (referring to the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, and the Swiss Confederation; hereinafter referred to as “EFTA States”) subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 3. |
| (4) | Pursuant to Article 4 (1) of the Act and Article 3 of the Agreement on Trade in Goods under the Framework Agreement on Comprehensive Economic Cooperation Among the Governments of the Republic of Korea and the Member Countries of the Association of Southeast Asian Nations (hereinafter referred to as the “Agreement with ASEAN Member Countries”), imported goods originating from the Member Countries of the Association of Southeast Asian Nations (referring to Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, and the Socialist Republic of Vietnam; hereinafter referred to as the “ASEAN Member Countries,”) subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 4: Provided, That ASEAN Member Countries and goods exempt from the application of conventional tariffs prescribed in attached Table 4 pursuant to paragraph 6 of Annex 1 and paragraph 7-2 of Annex 2 of the Agreement with ASEAN Member Countries are as specified in attached Table 5. |
| (5) | In cases of a good on which any Member Country of the ASEAN gives notification to the Republic of Korea pursuant to paragraph 7 of Annex 2 of the Agreement with the ASEAN Member Countries, being a good to which the said ASEAN Member Country applies a tariff rate of up to 10/100 when such good originates from the Republic of Korea, among the goods prescribed in attached Table 5 referred to in the proviso of paragraph (4), the higher of the following tariff rates shall apply to such good (hereinafter referred to as a “reciprocal tariff rate”) within the extent not exceeding the applicable tariff rate provided for in Article 50 of the Customs Act (hereinafter referred to as “most-favored-nation (“MFN”) applied rate of duty”). In such cases, goods subject to reciprocal tariff rates, applicable tariff rates, periods of application, and other related matters shall be determined and publicly notified by the Minister of Economy and Finance: |
| 1. | The tariff rate that the ASEAN Member Country applies to a good originating from the Republic of Korea, which is the same as the good subject to reciprocal tariff rates; |
| 2. | The conventional tariff rate provided for in attached Table 4. |
| (6) | Pursuant to Article 4 (1) of the Act and Article 2.4 of the Comprehensive Economic Partnership Agreement between the Republic of Korea and the Republic of India (hereinafter referred to as the “Agreement with India”), imported goods originating from the Republic of India subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 6. |
| (7) | Pursuant to Article 4 (1) of the Act and Article 2.5 of the Free Trade Agreement between the Republic of Korea, of the One Part, and the European Union and Its Member States, of the Other Part (hereinafter referred to as the “Agreement with the EU Party”), imported goods originating from the European Union and its Member States (referring to the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Croatia, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxemburg, the Republic of Hungary, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, and the Kingdom of Sweden; hereinafter referred to as the “EU Party”) subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 7. <Amended on Oct. 29, 2019> |
| (8) | Pursuant to Article 4 (1) of the Act and Article 2.3 of the Free Trade Agreement between the Republic of Korea and the Republic of Peru (hereinafter referred to as the “Agreement with Peru”), imported goods originating from Peru subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 8: Provided, That pursuant to paragraph 3 of Article 2.3 of the Agreement with Peru, in cases of goods specified in attached Table 9, among the following used goods originating from Peru, the application of conventional tariffs prescribed in attached Table 8 may be restricted: |
| 1. | Goods stated as “used goods” in the ‘description of goods’ column of headings or sub-headings in the Tariff Nomenclature of the attached Table of the Customs Act; |
| 2. | Goods reconstructed, repaired, recovered, or remanufactured through a process of restoring their original characteristics or specifications or for recovering their original functionality after being used; |
| 3. | Other goods similar to those falling under subparagraph 1 or 2. |
| (9) | Pursuant to Article 4 (1) of the Act, Article 2.3 of the Free Trade Agreement between the Republic of Korea and the United States of America (hereinafter referred to as the “Agreement with the United States of America”), and Section 1 of the Exchange of Letters related to the Free Trade Agreement between the Republic of Korea and the United States of America, imported goods originating from the United States of America subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 10: Provided, That, in cases of motor vehicles falling under HS Code 8703 that meet the conditions prescribed in paragraph 5 of Annex 22-A to the Agreement with the United States of America, notwithstanding attached Table 10, the tariff rates may be increased to a level not exceeding the MFN applied rates of duty thereon, and eligible items and applicable tariff rates thereon shall be determined and publicly notified by the Minister of Economy and Finance. |
| (10) | Pursuant to Article 4 (1) of the Act and Article 2.4 of the Agreement on Trade in Goods between the Republic of Korea and the Republic of Turkey (hereinafter referred to as the “Agreement with Turkey”), imported goods originating from the Republic of Turkey subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 11. |
| (11) | Pursuant to Article 4 (1) of the Act and Article 2.3 of the Free Trade Agreement between the Republic of Korea and the Republic of Colombia (hereinafter referred to as the “Agreement with Colombia”), imported goods originating from the Republic of Colombia subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 12. |
| (12) | Pursuant to Article 4 (1) of the Act and Article 2.3 of the Free Trade Agreement between the Government of Republic of Korea and the Government of Australia (hereinafter referred to as the “Agreement with Australia”), imported goods originating from the Republic of Australia subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 13. |
| (13) | Pursuant to Article 4 (1) of the Act and Article 2.3 of the Free Trade Agreement between the Republic of Korea and Canada (hereinafter referred to as the “Agreement with Canada”), imported goods originating from Canada subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 14. |
| (14) | Pursuant to Article 4 (1) of the Act and Article 2.4 of the Free Trade Agreement between the Republic of Korea and New Zealand (hereinafter referred to as the “Agreement with New Zealand”), imported goods originating from New Zealand subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 15. |
| (15) | Pursuant to Article 4 (1) of the Act and Article 2.3 of the Free Trade Agreement between the Republic of Korea and the Socialist Republic of Vietnam (hereinafter referred to as the “Agreement with Vietnam”), imported goods originating from Vietnam subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 16. |
| (16) | Pursuant to Article 4 (1) of the Act and Article 2.4 of the Free Trade Agreement between the Republic of Korea and the People's Republic of China (hereinafter referred to as the “Agreement with China”), imported goods originating from China subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 17. |
| (17) | Pursuant to Article 4 (1) of the Act and Article 2.4 of the Free Trade Agreement between the Republic of Korea and the Republics of Central America (hereinafter referred to as the “Agreement with the Republics of Central America”), imported goods originating from the Republic of Costa Rica, the Republic of El Salvador, the Republic of Honduras, the Republic of Nicaragua, and the Republic of Panama (hereinafter referred to as the "Republics of Central America") subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 17-2. <Newly Inserted on Feb. 8, 2019> |
| (18) | Pursuant to Article 4 (1) of the Act and Article 2.5 of the Free Trade Agreement between the Republic of Korea and the United Kingdom of Great Britain (hereinafter referred to as the “Agreement with the United Kingdom of Great Britain”), imported goods originating from the United Kingdom of Great Britain subject to conventional tariffs, and applicable tariff rates are as specified in attached Table 17-3. <Newly Inserted on Oct. 29, 2019> |
[Enforcement Date: Mar. 1, 2021] The amended provisions of Article 2 that concern the Republic of Panama [Enforcement Date: To Be Determined] The amended provisions of Article 2 (7) shall enter into force on the date when the agreement with the EU Party is not applicable in the Republic of Korea.
| Article 3 (Implementation of Quota-Based Differential Conventional Tariffs) |
| (1) | Where the limited quantities of goods are permitted to be subject to the lower or lowest tariff rate (referring to the lower or lowest tariff rate, where at least two tariff rates are set in consideration of the quantity of the same goods; hereinafter referred to as “in-quota conventional tariff rate”), among the tariff rates specified in Article 2, pursuant to Article 4 (1) of the Act, a person who intends to be eligible for in-quota conventional tariff rates shall receive a recommendation from the competent Minister or the person delegated thereby, and submit the written recommendation to the head of a customs house before an import declaration thereon is accepted. |
| (2) | Notwithstanding paragraph (1), the Commissioner of the Korea Customs Service shall allocate the quotas (hereinafter referred to as “TRQs”) of the goods prescribed by Ordinance of the Ministry of Economy and Finance, which are permitted to be subject to the in-quota conventional tariff rate, on a first-come, first-served basis (based on the day the import declaration of the said goods is filed after such goods are stored in the bonded area), and, on the date the TRQs are exhausted, the remaining quantities available for the relevant TRQs shall be allocated in proportion to the amounts of goods the import declarations on which are filed on that day. |
| (3) | Matters necessary for managing and disclosing information related to the TRQs of goods to be allocated on a first-come, first-served basis pursuant to paragraph (2), quantities to be allocated, application of the remaining TRQs, and other related matters shall be determined and publicly notified by the Commissioner of Korea Customs Service. |
| (4) | Where the competent Minister consults with any Contracting State prescribed by Ordinance of the Ministry of Economy and Finance on the methods of recommendation in relation to the application of in-quota conventional tariff rates prescribed in paragraph (1), if the outcome of such consultation includes matters with impacts on the application of in-quota conventional tariff rates, he or she shall notify the Minister of Economy and Finance thereof. |
| (5) | Where it is deemed necessary to ascertain whether matters related to recommendation of the application of in-quota conventional tariff rates referred to in paragraph (1), the allocation of TRQs referred to in paragraph (2), etc. are properly implemented, the Minister of Economy and Finance or the Commissioner of Korea Customs Service may request necessary cooperation, including submission of relevant materials, from relevant agencies and interested parties, such as persons who import goods on which TRQs have been set. |
| Article 4 (Requests for Application of Conventional Tariffs) |
| (1) | A person who intends to benefit from the application of a conventional tariff pursuant to Article 8 of the Act (hereinafter referred to as an “importer”) shall file a request for application of conventional tariffs prescribed by Ordinance of the Ministry of Economy and Finance (hereafter referred to as a “request for application of conventional tariffs” in this Article and Article 5) with the head of a customs house: Provided, That where an importer intends to claim conventional tariff treatment for any good falling under paragraph (3) 1, he or she may apply for conventional tariff treatment in such manner as shall be determined and publicly notified by the Commissioner of the Korea Customs Service. <Amended on Dec. 26, 2016> |
| (2) | A request for application of conventional tariffs shall contain the following information: |
| 1. | The trade name, name of applicant, address (including e-mail address, hereafter the same shall apply in this paragraph), corporate registration number, entry characteristic mark, telephone number, and fax number of the importer of the relevant good; |
| 2. | The trade name, name of applicant, address, telephone number, and fax number of the exporter of the relevant good; |
| 3. | The trade name, name of applicant, address, telephone number, and fax number of the producer of the relevant good: Provided, That this shall not apply where the importer is unable to identify the producer; |
| 4. | The description, model, specifications, and HS Code of the relevant good; |
| 5. | The conventional tariff rate and the origin of the relevant good, and the criteria applied in determining the origin of the relevant good; |
| 6. | Whether a document evidencing origin is available; |
| 7. | The issuance number (limited to where the importer knows it) of the certificate of origin referred to Article 2 (1) 5 of the Act (hereinafter referred to as a “certificate of origin”), date of its issuance, and issuing agency (where the certificate of origin has been completed by a person, not an agency, referring to the date of completion and the person who has completed it); |
| 8. | The country of shipment, port of shipment, and date of departure; |
| 9. | The country of transshipment, port of transshipment, and date of transshipment. |
| (3) | “Items determined by Presidential Decree” in the proviso of Article 8 (2) of the Act refer to any of the following items: |
| 1. | Goods falling under the scope prescribed in a Free Trade Agreement (hereinafter referred to as an “Agreement”), among the goods with a customs value of up to 1,000 US dollars (if the relevant Agreement otherwise specifies the amount, referring to such amount; hereafter the same shall apply in this subparagraph): Provided, That this shall not apply where goods are imported by any unjust means, such as importing the goods by installments, so that the customs value of the imported goods does not exceed 1,000 US dollars; |
| 2. | Goods determined and publicly notified by the Commissioner of the Korea Customs Service among goods the origins of which remain unchanged due to the characteristics of their production processes or importation transactions, where any identical good of the same kind and quality is imported continuously and repeatedly; |
| 3. | Goods which have undergone an advance ruling referred to in the main clause of Article 31 (1) of the Act (hereinafter referred to as an “advance ruling”) conducted by the Commissioner of the Korea Customs Service in relation to their origins (limited to where the conditions at the time of receiving the advance ruling remain the same); |
| 4. | Goods determined and publicly notified by the Commissioner of the Korea Customs Service, the origins of which can be verified, based on their kind, nature, configuration, trademark, the name of the producing country, manufacturer, etc. |
| (4) | Where an importer becomes aware of any change in the entries specified in paragraph (2) 1 through 3 after filing a request for application of conventional tariffs with the head of a customs house, the importer shall immediately notify the head of a customs house of such change. <Amended on Feb. 11, 2020> |
| (5) | A certificate of origin to be submitted by an importer when filing a request for application of conventional tariffs pursuant to the main clause of Article 8 (2) of the Act shall be within the effective period of a certificate of origin referred to in Article 6 (2) (hereinafter referred to as “effective period”) as of the filing date of an import declaration. In such cases, none of the following periods shall be counted towards the effective period: <Amended on Feb. 11, 2020> |
| 1. | Where the relevant good has arrived at the port of importation before the effective period expires: The period from the day immediately following the date such good has arrived at the port of importation to the filing date of the request for application of conventional tariffs on the relevant good; |
| 2. | Where the transportation of the relevant good is delayed due to force majeure events, such as natural disasters, or other equivalent circumstances have occurred: The period from the day immediately following the date the circumstance occurs to the date the circumstance is resolved. |
| Article 5 (Requests for Ex Post Facto Application of Conventional Tariffs) |
| (1) | A person who intends to apply for conventional tariff treatment after the relevant import declaration is accepted pursuant to Article 9 (1) or (2) of the Act shall submit a request for application of conventional tariffs attached to the following documents, to the head of a customs house: <Amended on Feb. 11, 2020> |
| 1. | Documents evidencing origin; |
| (2) | A certificate of origin, among documents evidencing origin to be submitted by an importer when filing a request for application of conventional tariffs pursuant to paragraph (1), shall be within the effective period as of the filing date of an import declaration or the filing date of the request for application of conventional tariffs. In such cases, none of the following periods shall be counted towards the effective period: |
| 1. | Where the relevant good has arrived at the port of importation before the effective period expires: The period from the day immediately following the date such good has arrived at the port of importation to the filing date of the request for application of conventional tariffs on the relevant good; |
| 2. | Where the transportation of the relevant good is delayed due to force majeure events, such as natural disasters, or other similar circumstances have occurred: The period from the day immediately following the date of occurrence of the relevant circumstance to the date of termination thereof. |
| (3) | "Period prescribed by Presidential Decree" in Article 9 (2) of the Act means 45 days. <Newly Inserted on Feb. 11, 2020> |
| (4) | Upon receipt of an application for revision of the amount of duties or a request for rectification of the amount of duties referred to in Article 9 (4) of the Act, where the head of a customs house deems it reasonable to revise or rectify the amount of duties after examining the relevant request for application of conventional tariffs and matters stated in the document evidencing origin, he or she shall revise or rectify the amount of duties accordingly. <Amended on Feb. 11, 2020> |
CHAPTER III VERIFICATION OF ORIGINS
| Article 6 (Certificates of Origin) |
| (1) | Unless otherwise provided in the relevant Agreement, matters to be stated in a certificate of origin and the methods for preparing a certificate of origin are as follows: |
| 1. | Matters prescribed by Ordinance of the Ministry of Economy and Finance, including the exporter, description, quantity, origin, etc. of the relevant good, shall be stated; |
| 2. | A certificate of origin shall be written in English; |
| 3. | A person responsible for signing certificates of origin shall be designated, and such person shall sign and issue the certificates. |
| (2) | The effective period of a certificate of origin applicable under the respective Agreements shall be one year from the date of issuance, except in any of the following circumstances: <Amended on Feb. 8, 2019> |
| 1. | The Agreement with Chile: Two years from the date of signing; |
| 2. | The Agreement with the ASEAN Member Countries: One year from the date of issuance: Provided, That if a certificate of origin is reissued to replace an incorrectly issued certificate of origin pursuant to the Agreement with the ASEAN Member Countries, such certificate of origin shall be valid for one year from the date the initial certificate of origin is issued; |
| 3. | The Agreement with Peru: One year from the date of issuance: Provided, That it shall be two years if any good stated in a certificate of origin is temporarily stored under the jurisdiction of the customs authority of any non-contracting party; |
| 4. | The Agreement with the United States of America: Four years from the date of issuance; |
| 5. | The Agreement with Colombia: One year from the date of signing; |
| 6. | The Agreement with Australia: Two years from either of the following dates: |
| 7. | The Agreement with Canada: Two years from the date of signing; |
| 8. | The Agreement with New Zealand: Two years from the date of signing; |
| 9. | The Agreement with Vietnam: One year from the day immediately following the date of issuance: Provided, That if a certificate of origin is reissued to replace an incorrectly issued certificate of origin pursuant to the Agreement with Vietnam, such certificate of origin shall be valid for one year from the date the initial certificate of origin is issued; |
| 10. | The Agreement with the Republics of Central America: One year from the date of signing. |
| (3) | Matters necessary for completing, issuing, and implementing certificates of origin specified in the following may be determined by Ordinance of the Ministry of Economy and Finance: |
| 1. | Matters related to the scope of recognition of certificates of origin issued by respective Contracting States, and the detailed standards for recognition; |
| 2. | Matters related to applying for the issuance of certificates of origin referred to in Article 11 (1) 1 of the Act, and the procedures for issuance; |
| 3. | Matters related to reporting and managing the current status, etc. of application for certificates of origin and the issuance thereof; |
| 4. | Matters related to the methods and procedures for completing and signing certificates of origin to be autonomously prepared by an exporter, producer or importer under Article 11 (1) 2 of the Act; |
| 5. | Matters related to the entries of a ledger of certificates of origin, methods for completing the ledger, and the retention period thereof; |
| 6. | Other matters necessary for implementing the Agreements in relation to documents evidencing origin. |
[Enforcement Date: Mar. 1, 2021] The amended provisions of Article 6 that concern the Republic of Panama
| Article 7 (Requirements for Certification of Approved Exporters) |
“Exporters who meet the requirements prescribed by Presidential Decree, such as the ability to prove the origin of exported goods, etc.” in Article 12 (1) of the Act means the exporters classified as follows: <Amended on Apr. 30, 2018> | 1. | Company-specific approved exporters: Exporters or producers satisfying each of the following requirements: |
| (a) | They shall be equipped with a computerized processing system to prove or have the ability by other means to prove that their goods with export records or new goods to be exported (based on the six-digit HS Code) meet the criteria for determining origins prescribed in Article 7 of the Act; |
| (b) | They shall not have any record of refusing a documentary or on-site investigation referred to in Article 17 (1) or 18 (1) of the Act over the two years prior to the date of application for certification as an approved exporter; |
| (c) | They shall keep and manage a ledger of certificates of origin; and shall designate and manage such person in exclusive charge of managing origins as shall be determined by Ordinance of the Ministry of Economy and Finance; |
| (d) | They shall not have any record of violating the obligation to retain documents referred to in Article 10 (1) 2 over the two years prior to the date of application for certification as an approved exporter; |
| (e) | They shall not have any record of applying for the issuance of a certificate of origin or any record of preparing or issuing a certificate of origin deceitfully or otherwise fraudulently over the two years prior to the date of application for certification as an approved exporter; |
| 2. | Product-specific approved exporters: Exporters or producers, other than those falling under company-specific approved exporters prescribed in subparagraph 1, who satisfy each the following requirements: |
| (a) | They shall have goods with export records or new goods to be exported (based on the six-digit HS Code) that meet the criteria for determining origins prescribed in Article 7 of the Act; |
| (b) | They shall furnish and manage a ledger of certificates of origin; and shall designate and manage such person in exclusive charge of managing origins as shall be determined by Ordinance of the Ministry of Economy and Finance. |
| Article 8 (Support for Verification of Origins by Small and Medium Enterprises) |
| (1) | “Other matters prescribed by the Presidential Decree” in subparagraph 3 of Article 13 of the Act means the following matters: |
| 1. | Consultation and training on the acquisition of certification as an approved exporter; |
| 2. | Development and dissemination of a computerized processing system related to verification of origins; |
| 3. | Consultation and training on the methods for completing and preserving documents evidencing origin; |
| 4. | Consultation and training on preparation for investigations of origins to be conducted by any Contracting State; |
| 5. | Other matters requested by small and medium enterprises in relation to verification of origins. |
| (2) | The Commissioner of the Korea Customs Service may establish and implement a plan for efficiently conducting projects for supporting the verification of origins by small and medium enterprises. |
| Article 9 (Methods for Notifying Revisions to Documents Evidencing Origin) |
| (1) | Where an exporter or producer intends to report an error in details regarding the origin of any good pursuant to the former part of Article 14 (1) of the Act to the head of the competent customs house and the importer of the relevant Contracting State, he or she shall prepare written notice of revision prescribed by Ordinance of the Ministry of Economy and Finance. |
| (2) | A written notification of revision referred to in paragraph (1) shall contain the following information: |
| 1. | The exporter and the producer, and the importer of the Contracting State; |
| 2. | The export declaration number and the filing date of export declaration; |
| 3. | The issuance number of the certificate of origin, and the date of its issuance or completion; |
| 4. | The description, specifications, and quantity of the relevant good; |
| 5. | The details of the error in question and the correction thereof. |
| Article 10 (Documents Evidencing Origin to be Retained) |
| (1) | “Documents specified by Presidential Decree, including documents evidencing origin” in Article 15 of the Act means the documents classified as follows: |
| 1. | Documents to be retained by an importer: |
| (a) | A copy of the certificate of origin (including an electronic document equivalent thereto): Provided, That it means a document evidencing that the relevant imported good is subject to conventional tariffs, where the importer claims conventional tariff treatment based on its certification or recognition pursuant to the relevant Agreement, but has not received a certificate of origin from an exporter or producer; |
| (b) | The certificate of import declaration; |
| (c) | The contract related to the relevant importation; |
| (d) | The contract related to the trade of any intellectual property; |
| (e) | Materials concerning the determination of the customs value of the relevant imported good; |
| (f) | Documents related to the international transportation of the relevant imported good; |
| (g) | A copy of the written advance ruling referred to in Article 31 (2) of the Act (hereinafter referred to as the “written advance ruling”) and evidentiary documents necessary for the advance ruling (limited to where such written advance ruling has been issued); |
| 2. | Documents to be retained by an exporter: |
| (a) | A copy of the certificate of origin (including an electronic document equivalent thereto) provided to the importer of the relevant Contracting State, and a copy of documents accompanying an application (including an electronic document equivalent thereto) for issuance of the certificate of origin; |
| (b) | The certificate of export declaration; |
| (c) | The certificate of import declaration of raw materials used for producing the relevant good (limited to where the import declaration has been filed in the name of the relevant exporter); |
| (d) | The contract related to the relevant exportation; |
| (e) | Documents evidencing the production or purchase of the relevant good and its raw materials; |
| (f) | Statement on cost accounting, bill of materials, and process specifications; |
| (g) | The management ledger of release and inventory of the relevant good and raw materials; |
| (h) | Documents prepared for the purpose of proving the origin of the relevant good and provided to the exporter by the producer or the person who has supplied or produced the materials used for producing such good; |
| 3. | Documents to be retained by a producer: |
| (a) | Documents prepared for the purpose of proving the origin of the relevant good and provided to the exporter or the importer of the relevant Contracting State; |
| (b) | The contract for supplying the relevant good, which has been concluded with the exporter; |
| (c) | Documents referred to in subparagraph 2 (c), and (e) through (g); |
| (d) | Documents prepared for the purpose of proving the origins of the materials used for producing the relevant good and provided to the producer by the person who has supplied or produced such materials. |
| (2) | “Such period as shall be prescribed by Presidential Decree” in Article 15 of the Act means the periods as classified as follows: <Amended on Feb. 11, 2020> |
| 2. | An exporter and a producer: Five years from the date of completing or issuing a certificate of origin: Provided, That it shall be three years where the Contracting State is China, as prescribed in Article 3.20 of the Agreement with China. |
| (3) | A person falling under any subparagraph of paragraph (1) may retain the documents classified under the subparagraphs of paragraph (1), using any data transfer media, such as microfilm and optical disk, or data storage media such as servers, as determined and publicly notified by the Commissioner of the Korea Customs Service. <Amended on Feb. 11, 2020> |
CHAPTER IV INVESTIGATIONS OF ORIGINS
| Article 11 (Investigations of Origins of Exported Goods) |
| (1) | Where the Commissioner of the Korea Customs Service or the head of a customs house is to conduct an investigation necessary for verifying the origin of any exported or imported good or whether the application of a conventional tariff is appropriate pursuant to Article 17 (1) or 18 (1) of the Act, he or she shall conduct a documentary investigation: Provided, That he or she may conduct an on-site investigation additionally if it is necessary to directly verify the authenticity, accuracy, etc. of documents evidencing origin as the result of a documentary investigation results indicating that it is impracticable to verify such matters only by such documentary investigation. |
| (2) | Notwithstanding paragraph (1), where the Commissioner of the Korea Customs Service or the head of a customs house deems it necessary to conduct an on-site investigation in consideration of characteristics of a person subject to the relevant investigation, he or she may conduct an on-site investigation prior to a documentary investigation. |
| (3) | Any documentary or on-site investigation referred to in paragraph (1) or (2) on any of the following persons shall be conducted only when it is found, as a result of an investigation on an importer, that it is impracticable to verify the authenticity, accuracy, etc. of documents evidencing origin or it is necessary to conduct a further investigation: |
| 1. | An exporter or producer who resides in any Contracting State; |
| (4) | The methods and procedures for documentary and on-site investigations, and other necessary matters for such investigations, in addition to those prescribed in paragraphs (1) through (3), shall be determined by Ordinance of the Ministry of Economy and Finance. |
| Article 12 (Requests to Postpone Investigations of Origins) |
| (1) | A person who intends to apply for postponement of an on-site investigation pursuant to Article 17 (3) of the Act shall submit an application for postponement of investigation prescribed by Ordinance of the Ministry of Economy and Finance to the Commissioner of the Korea Customs Service or the head of a customs house who has issued a prior notice on the relevant on-site investigation, within 15 days from the date of receipt of such prior notice. |
| (2) | An application for postponement of investigation referred to in paragraph (1) shall contain the following information: |
| 1. | The name, and address (including electronic address) or residence of the person who applies for postponement of the on-site investigation; |
| 2. | The period by which the person requests to postpone the on-site investigation and the grounds therefor. |
| (3) | An application for postponing an on-site investigation referred to in paragraph (1) shall be filed only once. In such cases, the period by which any on-site investigation can be postponed shall not exceed 60 days after the date of receipt of a prior notice. |
| (4) | Where the Commissioner of the Korea Customs Service or the head of a customs house approves the postponement of an investigation pursuant to paragraph (1), he or she shall give notice thereof to the person subject to investigation and the customs authority of the relevant Contracting State: Provided, That notice to the customs authority of any Contracting State shall be provided only if so provided for in the relevant Agreement. |
| Article 13 (Investigations of Origins upon Request of Contracting States) |
| (1) | Upon receipt of a request from the customs authority of any Contracting State to conduct an investigation for verifying the origin of any exported good prescribed in Article 18 (1) of the Act, the Commissioner of the Korea Customs Service or the head of a customs house shall notify the outcome of such investigation within the periods classified as follows: <Amended on Feb. 8, 2019; Oct. 29, 2019> |
| 1. | The EFTA States: 15 months from the date an investigation is requested; |
| 2. | The ASEAN Member Countries: Two months from the date of receipt of a request for an investigation: Provided, That the period may be extended by up to six months from the date of receipt of a request for an investigation, in consultation with the customs authority of the relevant Member Country of the ASEAN, pursuant to Rule 14.1 (d) of Appendix 1 to Annex 3 of the Agreement with the ASEAN Member Countries; |
| 3. | India: Three months from the date of receipt of a request for an investigation: Provided, That the period may be extended by up to six months from the date of receipt of a request for an investigation, in consultation with the customs authority of India, pursuant to the Article 4.11.1 (d) of the Agreement with India; |
| 4. | The EU Party: Ten months from the date an investigation is requested; |
| 5. | Peru: 150 days from the date of receipt of a request for an investigation |
| 6. | Turkey: Ten months from the date an investigation is requested; |
| 7. | Colombia: 150 days from the date an investigation is requested; |
| 8. | Vietnam: Six months from the day following the date of receipt of a request for an investigation; |
| 9. | China: Six months from the date of receipt of a request for an investigation. |
| 10. | The Republics of Central America: 150 days from the day following the date of receipt of a request for an investigation; |
| 11. | The United Kingdom of Great Britain: 10 months from the date an investigation is requested. |
| (2) | Any notice of the outcome of an investigation referred to in paragraph (1) shall be made by sending an investigation report which shall contain the following information. In such cases, the Commissioner of the Korea Customs Service or the head of a customs house may also forward a copy of documents evidencing origin submitted by a person subject to investigation (limited to where a person subject to investigation consents to it), if deemed necessary: |
| 1. | The state that has requested the investigation, and the date of receipt of the request for the investigation; |
| 2. | The person subject to the investigation, and the period of the investigation; |
| 3. | The exported good subject to the investigation; |
| 4. | The subject matters of the investigation, and the outcome thereof (including whether the origin requirements are met, the grounds for determination, and the applicable statutes and regulations); |
| 5. | The legal basis of the investigation; |
| 6. | The investigating agency, and the position and name of the person who has conducted the investigation; |
| 7. | Other matters provided for in the relevant Agreement or matters required by the customs authority which has requested the investigation. |
[Enforcement Date: Mar. 1, 2021] The amended provisions of Article 13 that concern the Republic of Panama
| Article 14 (Investigations of Origins of Textile-Related Goods upon Request of the United States of America) |
| (1) | With respect to items prescribed in Article 4.5 of the Agreement with the United States of America (hereinafter referred to as “textile-related goods”) exported to the United States of America pursuant to Article 4.3.3 of the Agreement with the United States of America, upon receipt of a request from the customs authority of the United States of America to verify whether a document evidencing origin of any of such goods exported by the Republic of Korea is genuine and correct as prescribed in Article 18 (1) of the Act, the Commissioner of the Korea Customs Service shall complete an investigation necessary for such verification within six months from the date of receipt of such request. |
| (2) | Upon completing an investigation referred to in paragraph (1), the Commissioner of the Korea Customs Service shall provide the customs authority of United States of America with an investigation report referred to in Article 13 (2), including related evidential documents, within 12 months from the date the relevant request is made by the customs authority of United States of America. |
| (3) | Where conducting an investigation for verifying the origin of an exported good pursuant to paragraph (1), the Commissioner of the of Korea Customs Service shall, upon request of the customs authority of the United States of America for verification of origin provided for in Article 4.3.6 of the Agreement with the United States of America (including a request for a joint site visit or for assistance in a verification to be conducted by the United States of America), accept such request in the absence of special circumstances. |
| (4) | Where conducting a joint site visit referred to in paragraph (3) pursuant to Article 4.3.6 of the Agreement with the United States of America, the Commissioner of the Korea Customs Service may give notification of investigation at the site, without any prior notification. In such cases, no on-site investigation shall be conducted if a person subject to investigation does not consent to an on-site investigation by the customs authority of the United States of America. |
| Article 15 (Filing Objections to Outcome of Investigations of Origins) |
| (1) | A person who intends to raise an objection against the outcome of an investigation of origin under Articles 17 (7) and 18 (2) of the Act shall submit a written objection prescribed by Ordinance of the Ministry of Economy and Finance, attached with materials verifying the details of such objection, to the Commissioner of the Korea Customs Service or the head of the customs house. |
| (2) | A written objection referred to in paragraph (1) shall contain the following information: <Amended on Dec. 26, 2016> |
| 1. | The name, and address (including electronic address) or residence of the person who raises the objection; |
| 3. | The summary and detail of the objection. |
| (3) | Upon receipt of a written objection submitted under paragraph (1), the Commissioner of the Korea Customs Service or the head of the customs house shall review the objection and notify the relevant applicant of the details of his or her determination thereon within 30 days after the date of receipt of such written objection. |
| (4) | Where the Commissioner of the Korea Customs Service or the head of a customs house deems that any details of an objection or any procedure for raising such objection is inappropriate but can be rectified, he or she may require the relevant applicant to make a rectification within a prescribed period not exceeding 20 days: Provided, That where the matters to be rectified are insignificant, he or she may make rectifications, ex officio. <Amended on Feb. 11, 2020> |
| (5) | When requiring a rectification pursuant to the main clause of paragraph (4), the Commissioner of the Korea Customs Service or the head of a customs house shall make a written request, stating the following: |
| 1. | The matters to be rectified; |
| 2. | The grounds for requiring the rectification; |
| 3. | The period for rectification; |
| 4. | Other relevant matters. |
| (6) | The period referred to in the main clause of paragraph (4) shall not be counted towards the period prescribed in paragraph (3). |
| Article 16 (Requests for Verification of Origins to Contracting States) |
| (1) | In accordance with Article 19 (1) of the Act, in any of the following cases, the Commissioner of the Korea Customs Service or the head of a customs house may request a Contracting State to verify whether documents evidencing origin are genuine and correct: |
| 1. | Where it is impracticable to verify the origin or a further verification is required, as a result of requirement for an importer to submit documents evidencing origin, etc. pursuant to Article 16 (1) of the Act; |
| 2. | Where it is impracticable to verify the origin or a further verification is required, as a result of conducting an investigation of origin on an importer pursuant to Article 17 (1) of the Act; |
| 3. | Where it is intended to conduct a sample check by means of random sampling. |
| (2) | When requesting the verification of origin to the customs authority of a Contracting State, the Commissioner of the Korea Customs Service or the head of a customs house shall send a written request specifying the following matters and a copy of documents evidencing origin collected from the relevant importer, other persons subject to such investigation, and so forth: |
| 1. | The grounds for requesting verification of origin, and matters to be requested; |
| 2. | The criteria for determining origins applied to the relevant good; |
| 3. | The deadline by which the outcome of the verification of origin shall be notified. |
| Article 17 (Suspension of Conventional Tariff Treatment) |
| (1) | The head of a customs house may suspend the application of conventional tariffs pursuant to Article 21 (1) of the Act in any of the following cases: <Amended on Feb. 11, 2020> |
| 1. | Where the head of a customs house deems that there is a suspicion of untruthfulness related to the preparation of documents evidencing origin or a request for application of conventional tariffs prescribed in Article 8 (1) or 9 (1) or (2) of the Act; |
| 2. | Where documents evidencing origin have been completed or issued deceitfully or otherwise fraudulently, or any materials or concrete reports, which support a suspicion of tax evasion, etc. exist; |
| 3. | Where it is deemed that, based on the evidence, information, etc. collected by the head of a customs house, the contents of any report or request filed by the importer, producer, or exporter fail to comply with the criteria for determining origins referred to in Article 7 of the Act. |
| (2) | Where the head of a customs house intends to suspend the application of conventional tariffs pursuant to Article 21 (1) of the Act, he or she shall provide an importer subject to investigation with written notification of suspension of application of conventional tariffs in the form prescribed by Ordinance of the Ministry of Economy and Finance. |
| (3) | Any written notification of suspension of application of conventional tariffs referred to in paragraph (2) shall contain the following information: |
| 1. | The importer subject to suspension of application of conventional tariffs; |
| 2. | The description, specifications, model, HS Code, and origin of the relevant good; |
| 3. | The period for suspension of application of conventional tariffs, and the legal grounds therefor; |
| 4. | The exporter or importer of the relevant good. |
| (4) | Where the head of a customs house gives written notification referred to in paragraph (2), he or she shall report thereon to the Commissioner of the Korea Customs Service. |
| (6) | Where an importer who has filed a duty return provided for in paragraph (5) intends to be granted conventional tariff treatment for a good subject to suspension of application of conventional tariffs on the grounds that the period of suspension of application of conventional tariffs has expired, that the suspension of application of conventional tariffs has been lifted pursuant to Article 18, and so forth, it shall file a request for application of conventional tariffs referred to in Article 8 (1) or 9 (1) or (2) of the Act. <Amended on Feb. 11, 2020> |
| Article 18 (Lifting of Suspension of Conventional Tariff Treatment) |
| (1) | Where an importer who meets all of the following requirements requests the head of a customs house to lift the suspension of application of conventional tariffs pursuant to Article 21 (3) of the Act, he or she may lift the suspension: |
| 1. | It shall be prior to the expiration of the period of suspending application of conventional tariffs; |
| 2. | The importer shall provide security equivalent to the duty amount (including internal taxes, etc. provided for in Article 4 (1) of the Customs Act) to be additionally paid if it is determined that he or she is not eligible for conventional tariff treatment. |
| (2) | Where the head of a customs house who has lifted the suspension of application of conventional tariffs under Article 21 (3) of the Act verifies, as a result of investigating or verifying the origin of a good subject to investigation prescribed in Article 17 or 19 of the Act, that the relevant good is eligible for conventional tariff treatment, he or she shall return the relevant security without delay |
| Article 19 (Management of Personally Identifiable Information) |
CHAPTER V SAFEGUARD MEASURES FOR REDRESSING DAMAGE FROM TRADE
| Article 20 (Procedures for Safeguard Measures) |
| (2) | Where the Korea Trade Commission determines to initiate an investigation or not to initiate an investigation after receipt of an application for investigation from an applicant, it shall immediately notify the Minister of Economy and Finance of such fact; and, where the Korea Trade Commission initiates an investigation, it shall give written notification thereof to the government of the relevant Contracting State. |
| (3) | Where the Korea Trade Commission determines, as a result of conducting an investigation, that a serious injury to a domestic industry has occurred or is likely to occur, or the domestic market has been disturbed or is likely to be disturbed, it may recommend a safeguard measure referred to in Article 22 (1) of the Act (hereinafter referred to as a “safeguard measure”) to the Minister of Economy and Finance, by attaching documents describing the following matters: |
| 1. | Matters related to reporting on the outcome of the investigation; |
| 2. | Details of the determination as to whether any industrial injury has occurred, and the grounds therefor; |
| 3. | Details of the recommendation on the safeguard measure, and the causes therefor; |
| 4. | Matters related to the application for an investigation. |
| (4) | Upon receipt of a recommendation on a safeguard measure referred to in paragraph (3) from the Korea Trade Commission, the Minister of Economy and Finance shall determine whether to initiate such measure and the details thereof within 30 days from the date of receipt of the recommendation: Provided, That the Minister of Economy and Finance may extend the period for determination by up to 20 days, if deemed necessary. |
| (5) | A period of time required for consulting with the Contracting State in which the relevant imported good originates on the safeguard measure, etc. shall not be counted towards the period prescribed in paragraph (4). |
| (6) | The Minister of Economy and Finance shall have prior consultations on the appropriate methods of compensation, etc. with the Contracting State in which the relevant imported good originates, as prescribed by the relevant Agreement, before determining whether to initiate a safeguard measure referred to in paragraph (4) and the details of such measure. |
| (7) | The Minister of Economy and Finance may initiate the safeguard measure, if he or she fails to reach any agreement with the said Contracting State within 30 days from the date of his or her request for prior consultations referred to in paragraph (6), unless otherwise provided in the relevant Agreement. |
| Article 21 (Notification of and Consultation on Safeguard Measures) |
| (1) | Before taking any safeguard measure, pursuant to Article 3.12.3 of the Agreement with Chile, the Minister of Economy and Finance shall refer cases related to the relevant safeguard measure to the Free Trade Commission established under the aforesaid Agreement; and upon request by Chile, he or she shall initiate consultation at the Free Trade Commission. In such cases, a period of consultation shall be up to 30 days from the date the request for such consultation is made. |
| (2) | Before taking any safeguard measure, pursuant to Article 6.4.3 of the Agreement with Singapore, the Minister of Economy and Finance shall consult with Singapore on cases related to the relevant safeguard measure and methods for trade compensation without delay. |
| (3) | Before taking any safeguard measure, pursuant to Article 2.11.3 of the Agreement with the EFTA States, the Minister of Economy and Finance shall, without delay, give written notification on cases related to the relevant safeguard measure to the EFTA States and the Joint Committee established under the aforesaid Agreement; and within 30 days from the date such notification is received, he or she shall consult with the EFTA States on cases related to the relevant safeguard measure and methods for trade compensation at the Joint Committee. |
| (4) | Before taking any safeguard measure, pursuant to paragraphs 6 and 8 of Article 9 of the Agreement with the ASEAN Member Countries, the Minister of Economy and Finance shall notify cases related to the relevant safeguard measure to the Implementing Committee established under the aforesaid Agreement; and he or she shall consult with the ASEAN Member Countries on cases related to the relevant safeguard measure and methods for trade compensation at the Implementing Committee. |
| (5) | Before taking any safeguard measure, pursuant to Article 2.23 of the Agreement with India, the Minister of Economy and Finance shall, without delay, consult with India on cases related to the relevant safeguard measure and methods for trade compensation. |
| (6) | Before taking any safeguard measure, pursuant to Article 3.2.1 of the Agreement with the EU Party, the Minister of Economy and Finance shall, without delay, consult with the EU Party on cases related to the relevant safeguard measure. |
| (7) | Pursuant to Paragraphs 2 and 3 of Article 8.6 of the Agreement with Peru, the Minister of Economy and Finance shall provide a copy of a non-confidential copy of an investigation report of the Korea Trade Commission to Peru, and upon request by Peru, he or she shall consult with it on cases related to the relevant safeguard measure (including the initiation of an investigation on the relevant safeguard measure, notifications provided in relation to the relevant provisional safeguard measure, and the relevant safeguard measure and the extension thereof, and materials published in relation to the investigation of the Korea Fair Trade Commission). |
| (8) | Before taking any safeguard measure concerning a good (excluding textile-related goods) originating from the United States of America, pursuant to Article 10.2.1 of the Agreement with the United States of America, the Minister of Economy and Finance shall without delay consult with the United States of America. |
| (9) | Before initiating an investigation for taking any safeguard measure concerning a textile-related good originating from the United States of America, pursuant to Article 4.1.3 of the Agreement with the United States of America, the Korea Trade Commission shall provide details of the investigation procedures prescribed in Article 20 to the United States of America. |
| (10) | Where the Minister of Economy and Finance intends to take any safeguard measure concerning a textile-related good originating from the United States of America pursuant to Article 4.1.4 of the Agreement with the United States of America, he or she shall without delay give prior written notification thereon to the United States of America; and, upon request by the United States of America for consultation on the relevant safeguard measure, he or she shall comply with such request. |
| (11) | Before taking any safeguard measure, pursuant to Article 4.2.1 of the Agreement with Turkey, the Minister of Economy and Finance shall without delay consult with Turkey on cases related to the relevant safeguard measure. |
| (12) | Pursuant to Article 7.2.1 of the Agreement with Columbia, the Minister of Economy and Finance shall consult with Columbia within 30 days from the date an investigation for taking a safeguard measure is initiated. |
| (13) | Pursuant to Article 6.2.2 of the Agreement with Australia, the Minister of Economy and Finance shall give written notification on the initiation of an investigation for taking a safeguard measure to Australia, and consult with Australia before taking the relevant safeguard measure. |
| (14) | Pursuant to Article 7.2.2 of the Agreement with Canada, the Minister of Economy and Finance shall without delay give written notification on the initiation of an investigation for taking a safeguard measure and a written request for consultations thereon to Canada. |
| (15) | Pursuant to Article 7.3.2 of the Agreement with New Zealand, the Minister of Economy and Finance shall give written notification on the initiation of an investigation for taking a safeguard measure to New Zealand, and consult with it before taking the relevant safeguard measure. |
| (16) | Pursuant to Article 7.2.1 of the Agreement with Vietnam, the Minister of Economy and Finance shall give written notification on the initiation of an investigation for taking a safeguard measure and a written request for consultations thereon to Vietnam. |
| (17) | Pursuant to Article 7.2.1 of the Agreement with China, the Minister of Economy and Finance shall give written notification on the initiation of an investigation for taking a safeguard measure to China, and consult with it before taking the relevant safeguard measure. |
| (18) | The Minister of Economy and Finance shall notify, in writing, the relevant contracting party of the fact that the Government has begun an investigation to take any safeguard measure pursuant to Article 7.2.1 of the Agreement with the Republics of Central America, and consult with the contracting party within 30 days from the date of initiating the investigation. <Newly Inserted on Feb. 8, 2019> |
| (19) | Before taking any safeguard measure, pursuant to Article 3.2.1 of the Agreement with the United Kingdom of Great Britain, the Minister of Economy and Finance shall, without delay, consult with the United Kingdom of Great Britain on cases related to the relevant safeguard measure. <Newly Inserted on Oct. 29, 2019> |
[Enforcement Date: Mar. 1, 2021] The amended provisions of Article 21 that concern the Republic of Panama
| Article 22 (Goods subject to Safeguard Measures and Range of Rates of Customs Duties) |
| (1) | In accordance with Article 22 (1) of the Act and the Agreement with the relevant Contracting State, the Minister of Economy and Finance may take any of the following measures concerning imported goods originating from Singapore, the EFTA States, the ASEAN Member Countries, India, the United States of America, or the Republics of Central America [in cases of imported goods originating from the United States of America, limited to textile-related goods and motor vehicles falling under HS Code 8703 or 8704 (hereinafter referred to as “motor vehicles”)]. In such cases, when the relevant measure is terminated, the rates of customs duty provided for in Articles 4 and 5 of the Act shall apply: <Amended on Feb. 8, 2019> |
| 1. | Suspending the progressive annual reduction of the conventional tariff rate on the relevant good, and continuing to apply the conventional tariff rate in effect on the date of suspension: Provided, That where the rate of customs duty applied under this measure exceeds the MFN applied rate of duty in effect on the date such measure is taken, the latter shall apply; |
| 2. | Increasing the rate of customs duty on the relevant good to a level not to exceed the lesser of: (i) the MFN applied rate of duty on the relevant good in effect on the date the safeguard measure is taken; and (ii) the MFN applied rate of duty on the relevant good in effect on the day immediately preceding the date the Agreement with the relevant Contracting State enters into force; |
| (2) | Notwithstanding paragraph (1), pursuant to paragraph 7 of Article 9 of the Agreement with the ASEAN Member Countries, where the share of goods subject to a safeguard measure does not exceed 3/100 of the total imports of the relevant goods from all the ASEAN Member Countries over the period of investigation, the Minister of Economy and Finance shall not take a safeguard measure against such goods. |
| (3) | In accordance with Article 22 (1) of the Act and the Agreement with the relevant Contracting State, the Minister of Economy and Finance may take any of the following measures concerning imported goods originating from Chile, the EU Party, Peru, Turkey, Columbia, Vietnam, China, or the United Kingdom of Great Britain; and when the relevant measure is terminated, the rates of customs duty provided for in Articles 4 and 5 of the Act shall be apply: <Amended on Oct. 29, 2019> |
| 1. | Suspending the progressive annual reduction of the conventional tariff rate on the relevant good, and continuing to apply the conventional tariff rate in effect on the date of suspension: Provided, That where the rate of customs duty applied under this measure exceeds the MFN applied rate of duty in effect on the date such measure is taken, the latter shall apply; |
| 2. | Increasing the rate of customs duty on the relevant good to a level not exceeding the lesser of: (i) the MFN applied rate of duty on the relevant good in effect on the date the safeguard measure is taken; and (ii) the base tariff rate on the relevant good as established in the Agreement with the relevant Contracting State. |
| (4) | In accordance with Article 22 (1) of the Act and the Agreement with the relevant Contracting State, the Minister of Economy and Finance may take any of the following measures concerning imported goods originating from the United States of America, Australia, Canada, or New Zealand (in cases of imported goods originating from the United States of America, excluding textile-related goods and motor vehicles); and when the relevant measure is terminated, the rates of customs duties provided for in Articles 4 and 5 of the Act shall apply: <Amended on Dec. 26, 2016> |
| 1. | Suspending the progressive annual reduction of the conventional tariff rate on the relevant good, and continuing to apply the conventional tariff rate in effect on the date of suspension: Provided, That where the rate of customs duty applied under this measure exceeds the MFN applied rate of duty in effect on the date such measure is taken, the latter shall apply; |
| 2. | Increasing the rate of customs duty on the relevant good to a level not to exceed the lesser of: (i) the MFN applied rate of duty on the relevant good in effect on the date the safeguard measure is taken; and (ii) the MFN applied rate of duty on the relevant good in effect on the day immediately preceding the date the Agreement with the relevant Contracting State enters into force; |
| 3. | In cases of a customs duty applied to a good on a seasonal basis, increasing the rate of duty to a level that, for each season, does not exceed the lesser of: (i) the MFN applied rate of duty on the relevant good in effect for the corresponding season immediately preceding the date the safeguard measure is taken; and (ii) the MFN applied rate of duty on the relevant good in effect for the corresponding season immediately preceding the date the Agreement with the relevant Contracting State enters into force. |
[Enforcement Date: Mar. 1, 2021] The amended provisions of Article 22 that concern the Republic of Panama
| Article 23 (Transition Periods of Safeguard Measures and Scope of Application Periods) |
| (1) | The Minister of Economy and Finance may, pursuant to the Agreement with the relevant Contracting State, apply a safeguard measure to any of the following imported goods only within a fixed period of time according to the following classification: <Amended on Dec. 26, 2016; Feb. 8, 2019; Oct. 29, 2019> |
| 1. | Imported goods originating from the ASEAN Member Countries: The transition period provided for in paragraph 2 of Article 9 of the Agreement with the ASEAN Member Countries for the relevant good (referring to the period that begins from the date the Agreement with the ASEAN Member Countries enters into force, and ends seven years after the date of completion of last-stage reduction or elimination of a customs duty for the relevant good); |
| 2. | Imported goods originating from India: The transition period provided for in Article 2.22 of the Agreement with India for the relevant good (referring to the period that begins from the date the Agreement with India enters into force, and ends 10 years after the date of completion of last-stage reduction or elimination of a customs duty for the relevant good); |
| 3. | Imported goods originating from the EU Party: Except with the consent of the EU Party prescribed in Article 3.2 of the Agreement with the EU Party, the transition period for the relevant good (referring to the period that begins from the date the Agreement with the EU Party enters into force and ends 10 years after the date of completion of last-stage reduction or elimination of a customs duty for the relevant good); |
| 4. | Imported goods originating from Peru: The transition period provided for in Article 8.3 of the Agreement with Peru for the relevant good (referring to the ten-year period that runs from the day immediately following the date the Agreement with Peru enters into force: Provided, That in cases of goods for which the period that runs from the day immediately following the date the Agreement with Peru enters into force to the date of elimination of customs duties is at least 10 years, the application period shall refer to the period that begins from the day immediately following the date the Agreement with the EU Party enters into force, and ends five years after the date of elimination of a customs duty for the relevant good); |
| 5. | Imported goods originating from the United States of America, classified as follows: |
| (a) | Imported goods (excluding textile-related goods and motor vehicles): Except with the consent of the United States of America prescribed in Article 10.2.5 of the Agreement with the United States of America, the transition period for the relevant good (referring to the ten-year period that runs from the date the Agreement with the United States of America enters into force: Provided, That in cases of goods for which the period from the date the Agreement with the United States of America enters into force to the date of elimination of customs duties exceeds 10 years, the application period shall refer to the period from the date the Agreement with the United States of America enters into force to the date of elimination of a customs duty for the relevant good; |
| (b) | Textile-related goods: The transition period for textile-related goods provided for in Article 4.1.5 of the Agreement with the United States of America (referring to the period that begins from the date the Agreement with the United States of America enters into force, and ends 10 years after the date of elimination of a customs duty for the relevant good); |
| (c) | Motor vehicles: the transition period for motor vehicles provided for in Section D of the Exchange of Letters related to the Free Trade Agreement between the Republic of Korea and the United States of America (referring to the period that begins from the date the Agreement with the United States of America enters into force, and ends 10 years after the date of elimination of a customs duty for the relevant good); |
| 6. | Imported goods originating from Turkey: Except with the consent of Turkey prescribed in Article 4.2 of the Agreement with Turkey, the transition period provided for in Article 4.5 of the aforesaid Agreement (referring to the ten-year period that runs from the date the Agreement with Turkey enters into force); |
| 7. | Imported goods originating from Columbia: The transition period provided for in Article 7.6 of the Agreement with Columbia, as prescribed in Article 7.2.4 of the aforesaid Agreement (referring to the ten-year period that runs from the date the Agreement with Columbia enters into force: Provided, That in cases of goods for which the period from the date the Agreement with Columbia enters into force to the date of elimination of customs duties exceeds 10 years, the application period shall refer to the period from the date the Agreement with Columbia enters into force to the date of elimination of a customs duty for the relevant good); |
| 8. | Imported goods originating from Australia: The transition period provided for in Article 6.6 of the Agreement with Australia, as prescribed in Article 6.2.4 of the aforesaid Agreement (referring to the period that begins from the date the Agreement with Australia enters into force, and ends five years after the date of completion of last-stage reduction or elimination of a customs duty for the relevant good); |
| 9. | Imported goods originating from Canada: The transition period provided for in Article 7.9 of the Agreement with Canada, as prescribed in Article 7.4 of the aforesaid Agreement (referring to the period beginning on the date the Agreement with Canada enters into force and ending on the date that is earlier between; (i) 10 years after the date of elimination of a customs duty for the relevant good; and (ii) 15 years after the Agreement with Canada enters into force); |
| 10. | Imported goods originating from New Zealand: The transition period provided for in Article 7.1 of the Agreement with New Zealand, as prescribed in Article 7.3.4 of the aforesaid Agreement (referring to the period that begins from the date the Agreement with New Zealand enters into force, and ends five years after the date of completion of last-stage reduction or elimination of a customs duty for the relevant good); |
| 11. | Imported goods originating from Vietnam: The transition period provided for in Article 7.12 of the Agreement with Vietnam, as prescribed in Article 7.2 of the aforesaid Agreement (referring to the ten-year period that runs from the date the Agreement with Vietnam enters into force, or the period from the date the Agreement with Vietnam enters into force to the date of elimination of a customs duty for the relevant good if the period of elimination of a customs duty exceeds 10 years for the relevant good); |
| 12. | Imported goods originating from China: Except with the consent of China prescribed in Article 7.2 of the Agreement with China, the transition period provided for in the aforesaid Agreement for the relevant good (referring to the ten-year period that runs from the date the Agreement with China enters into force, or the period from the date the Agreement with China enters into force to the date of elimination of a customs duty for the relevant good if the period of elimination of a customs duty exceeds 10 years for the relevant good). |
| 13. | Imported goods originating from the Republics of Central America: Except with the consent of the Republics of Central America prescribed in Article 7.2 of the Agreement with the Republics of Central America, the transition period provided in Article 7.15 of the same Agreement (referring to the 10-year period that runs from the day immediately following the date the Agreement with the Republics of Central America enters into force: Provided, That in cases of goods for which the period that runs from the day immediately following the date the Agreement with the Republics of Central America enters into force to the date of elimination of customs duties is at least 10 years, the application period shall refer to the period that begins from the day immediately following the date the Agreement with the Republics of Central America enters into force, and ends three years after the date of elimination of a customs duty for the relevant good); |
| 14. | Imported goods originating from the United Kingdom of Great Britain: Except with the consent of the United Kingdom of Great Britain prescribed in Article 3.2 of the Agreement with the United Kingdom of Great Britain, the transition period for the relevant good (referring to the period that begins from the date the Agreement with the United Kingdom of Great Britain enters into force and ends 10 years after the date of completion of last-stage reduction or elimination of a customs duty for the relevant good). |
| (2) | The period of a safeguard measure against imported goods originating from any Contracting State shall not exceed the periods classified as follows, including the period of a provisional safeguard measure prescribed in Article 23 (1) of the Act (hereinafter referred to as the “period of a provisional safeguard measure”): <Amended on Feb. 8, 2019; Oct. 29, 2019> |
| 1. | Imported goods originating from Singapore: Two years; |
| 2. | Imported goods originating from the EFTA States: One year; |
| 3. | Imported goods originating from the ASEAN Member Countries: Three years; |
| 4. | Imported goods originating from India: Two years; |
| 5. | Imported goods originating from the EU Party: Two years; |
| 6. | Imported goods originating from Peru: Two years; |
| 7. | Imported goods originating from the United States of America: Two years; |
| 8. | Imported goods originating from Turkey: Two years; |
| 9. | Imported goods originating from Columbia: Two years; |
| 10. | Imported goods originating from Australia: Two years; |
| 11. | Imported goods originating from Canada: Two years; |
| 12. | Imported goods originating from New Zealand: Two years; |
| 13. | Imported goods originating from Vietnam: Two years; |
| 14. | Imported goods originating from China: Two years; |
| 15. | Imported goods originating from the Republics of Central America: Two years; |
| 16. | Imported goods originating from the United Kingdom of Great Britain: Two years. |
| (3) | Notwithstanding paragraph (2), where the period of a safeguard measure is to be extended as a result of the review prescribed in Article 26, the total period of applying a safeguard measure which includes the period of a provisional safeguard measure and the period of a safeguard measure and any extension thereof shall not exceed the periods classified as follows: <Amended on Feb. 8, 2019; Oct. 29, 2019> |
| 1. | Imported goods originating from Singapore: Four years; |
| 2. | Imported goods originating from the EFTA States: Three years; |
| 3. | Imported goods originating from the ASEAN Member Countries: Four years; |
| 4. | Imported goods originating from India: Four years; |
| 5. | Imported goods originating from the EU Party: Four years; |
| 6. | Imported goods originating from Peru: Four years; |
| 7. | Imported goods originating from the United States of America, classified as follows: |
| (a) | Textile-related goods and motor vehicles originating from the United States of America: Four years; |
| (b) | Goods originating from the United States of America, other than those falling under item (a): Three years; |
| 8. | Imported goods originating from Turkey: Three years; |
| 9. | Imported goods originating from Columbia: Three years; |
| 10. | Imported goods originating from Australia: Three years; |
| 11. | Imported goods originating from Canada: Four years; |
| 12. | Imported goods originating from New Zealand: Three years; |
| 13. | Imported goods originating from Vietnam: Three years; |
| 14. | Imported goods originating from China: Four years; |
| 15. | Imported goods originating from the Republics of Central America: Four years; |
| 16. | Imported goods originating from the United Kingdom of Great Britain: Four years. |
| (4) | Notwithstanding paragraphs (2) and (3), with respect to any of the following goods subject to a safeguard measure, the Minister of Economy and Finance shall terminate the relevant safeguard measure when the transition period referred to in paragraph (1) expires: Provided, That where consent from the relevant Contracting State is obtained in relation to the goods specified in subparagraph 2, the safeguard measure may not be terminated even after the transition period referred to in paragraph (1) expires: <Amended on Feb. 8, 2019; Oct. 29, 2019> |
| 1. | Goods originating from the ASEAN Member Countries, India, Peru, Columbia, Australia, Canada, New Zealand, Vietnam, or China and textile-related goods and motor vehicles originating from the United States of America; |
| 2. | Goods originating from the EU Party, Turkey, the United States of America, the Republics of Central America, and the United Kingdom of Great Britain (excluding textile-related goods and motor vehicles from among goods originating from the United States of America). |
[Enforcement Date: Mar. 1, 2021] The amended provisions of Article 23 that concern the Republic of Panama
| Article 24 (Prohibition of Reapplication of Safeguard Measures) |
| (1) | Notwithstanding Article 22, pursuant to the Agreement with the relevant Contracting State, the Minister of Economy and Finance shall not take a safeguard measure against goods classified as follows: <Amended on Feb. 8, 2019> |
| 1. | Goods originating from the EFTA States: Pursuant to Article 2.11.5 of the Agreement with the EFTA States, a safeguard measure shall not be taken against a good which has been previously subject to a safeguard measure if three years has not elapsed since the expiration of the application period of such measure; |
| 2. | Goods originating from India: Pursuant to Article 2.23 of the Agreement with India, a safeguard measure shall not be taken against a good which has been previously subject to such measure if a period of time equal to the period during which such measure has been previously applied (the period of time shall be two years, if the period during which such measure has been taken is less than two years) has not elapsed since the expiration of the application period of such measure; |
| 3. | Goods originating from Peru: Pursuant to Article 8.3 of the Agreement with Peru, a safeguard measure shall not be taken against a good which has been previously subject to such measure if a period of time equal to the period during which such measure has been previously applied (the period of time shall be one year, if the period during which such measure has been taken is less than one year) has not elapsed since the expiration of the application period of such measure; |
| 4. | Goods (excluding motor vehicles) originating from the United States of America: Pursuant to Article 4.1.5 and Article 10.2.6 of the Agreement with the United States of America, a safeguard measure shall not be taken more than once against the same good; |
| 5. | Goods originating from Turkey: Pursuant to Article 4.2.7 of the Agreement with Turkey, a safeguard measure shall not be taken more than once against the same good; |
| 6. | Goods originating from Columbia: Pursuant to Article 7.2.5 of the Agreement with Columbia, a safeguard measure shall not be taken more than once against the same good; |
| 7. | Goods originating from Australia: Pursuant to Article 6.2.5 of the Agreement with Australia, a safeguard measure shall not be taken more than once against the same good; |
| 8. | Goods originating from New Zealand: Pursuant to Article 7.3.5 of the Agreement with New Zealand, a safeguard measure shall not be taken more than once against the same good; |
| 9. | Goods originating from Vietnam: Pursuant to Articles 7.2.6 of the Agreement with Vietnam, a safeguard measure shall not be taken more than once against the same good; |
| 10. | Goods originating from China: Pursuant to Article 7.2 of the Agreement with China, a safeguard measure shall not be taken against a good which has been previously subject to such measure if a period of time equal to the period during which such measure has been previously applied (the period of time shall be two years, if the period during which such measure has been taken is less than two years) has not elapsed since the expiration of the application period of such measure; |
| 11. | Goods originating from the Republics of Central America: Pursuant to Article 7.2 of the Agreement with the Republics of Central America, a safeguard measure shall not be taken against a good which has been previously subject to such measure if a period of time equal to the period during which such measure has been previously applied (the period of time shall be two years, if the period during which such measure has been taken is less than two years) has not elapsed since the expiration of the application period of such measure. |
| (2) | Notwithstanding Article 22, pursuant to paragraph 6 of Article 9 of the Agreement with the ASEAN Member Countries, the Minister of Economy and Finance shall not repeatedly take a safeguard measure against the same good originating from the ASEAN Member Countries before a period of time equal to the period during which such measure has been previously applied (the period of time shall be two years, if the period during which such measure has been previously taken is less than two years) elapses after the expiration of the application period of such measure: Provided, That where the following requirements are met, a safeguard measure may be taken for a prescribed period not exceeding 180 days: |
| 1. | At least one year has elapsed from the date of initiating a safeguard measure against the relevant good; |
| 2. | The number of safeguard measures taken against the relevant good within five years retroactively from the date of resuming a safeguard measure shall be not more than two times. |
[Enforcement Date: Mar. 1, 2021] The amended provisions of Article 24 that concern the Republic of Panama
| Article 25 (Consultations on Methods of Trade Compensation after Safeguard Measures) |
| (1) | Where the Minister of Economy and Finance takes a safeguard measure against a specified agricultural product originating from Chile, pursuant to Article 3.12.5 of the Agreement with Chile, he or she shall consult on appropriate trade compensation with Chile. |
| (2) | Where the Minister of Economy and Finance takes a safeguard measure against goods originating from the EFTA States, Peru, the United States of America, Turkey, Columbia, Australia, Canada, New Zealand, Vietnam, China, the Republics of Central America, and the United Kingdom of Great Britain pursuant to the Agreement with the relevant Contracting State, he or she shall consult with the relevant Contracting State on appropriate trade compensation within 30 days from the date such measure is taken. <Amended on Feb. 8, 2019; Oct. 29, 2019> |
| (3) | Pursuant to Article 4.1.6 of the Agreement with the United States of America, where the Minister of Economy and Finance provides to the United States of America appropriate trade compensation regarding textile-related goods originating from the United States of America, such compensation shall be limited to the textile-related goods, unless the Republic of Korea and the United States of America otherwise agree. |
[Enforcement Date: Mar. 1, 2021] The amended provisions of Article 25 that concern the Republic of Panama
| Article 26 (Procedures for Reviewing Safeguard Measures) |
When the Minister of Economy and Finance conducts a review referred to in Article 67 of the Customs Act on any safeguard measure, he or she shall examine the following matters: | 1. | Whether any circumstance has occurred or is likely to occur in which it is deemed necessary to modify details of the relevant safeguard measure after its implementation; |
| 2. | Whether the termination of the relevant safeguard measure is likely to cause any injury to domestic industries; |
| 3. | Whether any change has occurred in relation to goods subject to the safeguard measure, or the requirements for application thereof, including revision of tariff classification. |
| Article 27 (States subject to Progressive Liberalization of Safeguard Measures) |
“Contracting States prescribed by Presidential Decree” in the proviso of Article 22 (4) of the Act means Singapore, Peru, the United States of America (limited to where goods, other than motor vehicles, originate in the United States of America), Turkey, Columbia, Australia, New Zealand, Vietnam, China, and the Republics of Central America. <Amended on Feb. 8, 2019> [Enforcement Date: Mar. 1, 2021] The amended provisions of Article 27 that concern the Republic of Panama
| Article 28 (Procedures for Provisional Safeguard Measures and Scope of Periods Thereof) |
| (1) | Where the Korea Trade Commission deems it necessary to take a provisional safeguard measure, and makes a recommendation thereon, the Minister of Economy and Finance shall determine whether to take the measure and the details thereof within 30 days from the date of receipt of the recommendation of the Korea Trade Commission. |
| (2) | Where the Minister of Economy and Finance makes a determination prescribed in paragraph (1), he or she shall provide prior notification thereof to the relevant Contracting State before taking the provisional safeguard measure, and initiate consultations with it immediately after taking such measure. |
| (3) | A period of any provisional safeguard measure shall not exceed 200 days (it shall be 120 days in cases of imported goods originating from Chile and 180 days in cases of imported goods originating from Peru). |
| Article 29 (Special Cases concerning Procedures for Provisional Safeguard Measures) |
| (1) | The Minister of Economy and Finance shall not take a provisional safeguard measure against imported goods originating from the United States of America (limited to where goods, other than motor vehicles, originate from the United States of America), Columbia, Canada, Vietnam, or the Republics of Central America until at least 45 days after the date an investigation is initiated. <Amended on Feb. 8, 2019> |
| (2) | Before making a preliminary determination in any investigation regarding imported goods prescribed in paragraph (1), the Korea Trade Commission shall publish a public notice in the Official Gazette setting forth the methods for obtaining a non-confidential copy of the application requesting the relevant safeguard measure. |
| (3) | The Korea Trade Commission shall provide interested parties in a provisional safeguard measure with an opportunity for submitting evidence and opinions regarding the relevant measure for a period of at least 20 days from the day immediately following the date a public notice prescribed in paragraph (2) is published in the Official Gazette. |
[Enforcement Date: Mar. 1, 2021] The amended provisions of Article 29 that concern the Republic of Panama
| Article 30 (Special Safeguard Measures against Specified Agricultural, Forest, and Livestock Goods) |
| (1) | The specified agricultural, forest, and livestock goods originating from any Contracting State subject to a special safeguard measure pursuant Article 24 of the Act and the Agreement with the relevant Contracting State (hereinafter referred to as a “special safeguard measure”), the standard trigger level referred to in the aforesaid Article (hereinafter referred to as a “standard trigger level”), and the applicable duty rates shall be as follows: <Amended on Oct. 29, 2019> |
| 1. | The Agreement with the EU Party: Attached Table 18; |
| 2. | The Agreement with Peru: Attached Table 19; |
| 3. | The Agreement with the United State of America: Attached Table 20; |
| 4. | The Agreement with Columbia: Attached Table 21; |
| 5. | The Agreement with Australia: Attached Table 22; |
| 6. | The Agreement with Canada: Attached Table 23; |
| 7. | The Agreement with New Zealand: Attached Table 24. |
| 8. | The Agreement with the United Kingdom of Great Britain: Attached Table 24-2. |
| (2) | Where the applicable duty rate pursuant to the attached tables specified in the subparagraphs of paragraph (1) exceeds the lesser between; (i) the MFN applied rate of duty on the relevant good on the date a special safeguard measure is applied, and (ii) the MFN applied rate of duty on the relevant good in effect on the day immediately preceding the date the Agreement with the relevant Contracting State enters into force, such lesser rate shall apply. |
| (3) | Where the Minister of Economy and Finance takes a special safeguard measure pursuant to paragraph (1), none of the following measures shall be taken simultaneously: Provided, That where a special safeguard measure prescribed in paragraph (1) is taken against any specified agricultural, forest, and livestock good originating from the United States of America or Columbia, the measures provided for in subparagraphs 1 and 2 shall not be taken simultaneously: |
| (4) | Where a standard trigger level is exceeded, the Commissioner of the Korea Customs Service shall immediately notify such fact to the Minister of Economy and Finance, and publish the same via the information and communications network he or she has designated. |
| (5) | The Commissioner of the Korea Customs Service shall report, without delay, the details of the imposition of a customs duty according to a special safeguard measure to the Minister of Economy and Finance. |
| (6) | Within 60 days from taking a special safeguard measure pursuant to paragraph (1), the Minister of Economy and Finance shall notify, in writing, the relevant Contracting State of such fact and data related to such measure, and on a written request of the relevant Contracting State for consultations on the special safeguard measure, he or she shall comply with it. |
| (7) | The Minister of Economy and Finance shall not apply a special safeguard measure to goods which are subject to an in-quota conventional tariff rate pursuant to Article 3 and the following: <Amended on Oct. 29, 2019> |
| 1. | Appendix 2-A-1 of the Agreement with the EU Party; |
| 2. | Appendix 2-B-1 of the Agreement with the United States of America; |
| 3. | Appendix 2-A-1 of the Agreement with the United Kingdom of Great Britain. |
| (8) | Article 3 (2) and (3) shall apply mutatis mutandis to the methods of allocating the TRQ of any good subject to a special safeguard measure prescribed in paragraph (1) on which an in-quota conventional tariff rate is applied on a first-come, first-served basis pursuant to Annex 3-A of the Agreement with the United States of America and Annex 2-F of the Agreement with Canada, as well as to the management and disclosure of information thereon. |
| (9) | Pursuant to Article 3.6.8 of the Agreement with the EU Party, Article 6.7.7 of the Agreement with Australia, Article 2.14.6 of the Agreement with New Zealand, and Article 3.6.8 of the Agreement with the United Kingdom of Great Britain, any specified agricultural, forest, and livestock good originating from the EU Party, Australia, New Zealand, or the United Kingdom of Great Britain which was en route on the basis of a contract made before a special safeguard measure is taken shall be exempted from any such special safeguard measure. In such cases, the import quantities of the goods exempted from a special safeguard measure may be counted in the volume of imports of the goods in question during the following year for the purpose of calculating the trigger level for a special safeguard measure in that year. <Amended on Oct. 29, 2019> |
| Article 31 (Special Cases concerning Imposition of Emergency Tariffs under the Customs Act) |
| (1) | “Contracting States specified by Presidential Decree” in Article 25 (1) of the Act means India, Peru, the United States of America, Columbia, Australia, Canada, New Zealand, and Vietnam. |
| (2) | “Contracting States specified by Presidential Decree” in Article 25 (2) of the Act means the United States of America and China. |
| (3) | Detailed matters concerning agricultural, forest, and livestock goods exempted from a special safeguard measure prescribed in Article 68 of the Customs Act pursuant to Article 25 (2) of the Act, among the agricultural, forest, and livestock goods originating from the United States of America or China, and other related matters shall be prescribed by Ordinance of the Ministry of Economy and Finance. |
| Article 32 (Special Cases concerning Countermeasures against Measures Taken by Contracting States) |
| (1) | Where a safeguard measure is taken by India as a result of an absolute increase in imports and such measure conforms to the Agreement with India, pursuant to Article 2.25.2 of the Agreement with India, the Minister of Economy and Finance shall not take a countermeasure prescribed in Article 26 (2) of the Act (hereinafter referred to as a “countermeasure”) for the first two years (for the first three years after the date such measure was taken where the time has been extended for a period exceeding two years pursuant to Article 2.23 (g) (ii) of the Agreement with India) during which such safeguard measure is in effect. |
| (2) | Where a safeguard measure taken by the EU Party conforms to the Agreement with the EU Party, pursuant to Article 3.4 of the Agreement with the EU Party, the Minister of Economy and Finance shall not take a countermeasure within the first 24 months during which such safeguard measure is in effect. |
| (3) | Where the Republic of Korea and the United States of America are unable to agree on compensation prescribed in Article 26 (1) of the Act for textile-related goods originating from the Republic of Korea within 30 days from the date a safeguard measure is taken against such goods, pursuant to Article 4.1.6 of the Agreement with the United States of America, the Minister of Economy and Finance may take a countermeasure. |
| (4) | Where a safeguard measure taken by the United States of America against motor vehicles originating from the Republic of Korea conforms to the Agreement with the United States of America, pursuant to Section D of the Exchange of Letters related to the Free Trade Agreement between the Republic of Korea and the United States of America, the Minister of Economy and Finance shall not take a countermeasure within 24 months from the date such safeguard measure is taken. |
| (5) | Where a safeguard measure is taken by Turkey as a result of an absolute increase in imports and such measure conforms to the Agreement with Turkey, pursuant to Article 4.4.3 of the Agreement with Turkey, the Minister of Economy and Finance shall not take a countermeasure for the first two years during which such safeguard measure is in effect. |
| (6) | Where a safeguard measure is taken by Columbia as a result of an absolute increase in imports and such measure conforms to the Agreement with Columbia, pursuant to Article 7.4.3 of the Agreement with Columbia, the Minister of Economy and Finance shall not take a countermeasure for the first two years during which such safeguard measure is in effect. |
| (7) | Where a safeguard measure taken by Canada conforms to the Agreement with Canada, pursuant to Article 7.2.4 of the Agreement with Canada, the Minister of Economy and Finance shall not take a countermeasure for the first 24 months during which such safeguard measure is in effect. |
| (8) | Where a safeguard measure is taken by Vietnam as a result of an absolute increase in imports and such measure conforms to the Agreement with Vietnam, pursuant to Article 7.4.5 of the Agreement with Vietnam, the Minister of Economy and Finance shall not take a countermeasure for the first 24 months during which such safeguard measure is in effect. |
| (9) | Where a safeguard measure is taken by China as a result of an absolute increase in imports and such measure conforms to the Agreement with China, pursuant to Article 7.4.4 of the Agreement with China, the Minister of Economy and Finance shall not take a countermeasure for the first two years during which such safeguard measure is in effect. |
| (10) | Where a safeguard measure taken by the United Kingdom of Great Britain conforms to the Agreement with the United Kingdom of Great Britain, pursuant to Article 3.4 of the Agreement with the United Kingdom of Great Britain, the Minister of Economy and Finance shall not take a countermeasure within the first 24 months during which such safeguard measure is in effect. <Newly Inserted on Oct. 29, 2019> |
| Article 33 (Consultations on Anti-Dumping Duties) |
| (1) | Upon receipt of an application for an investigation necessary for imposing an anti-dumping duty prescribed in Article 51 of the Customs Act (hereinafter referred to as an “anti-dumping duty”) on imported goods from a Contracting State, the Korea Trade Commission shall notify such fact in writing to the government of the relevant Contracting State by the deadlines classified as follows: <Amended on Feb. 8, 2019; Oct. 29, 2019> |
| 1. | The EFTA States, the United States of America, Columbia, Australia, Canada, New Zealand, and the Republics of Central America: Prior to initiating the investigation; |
| 2. | India: Ten days prior to initiating the investigation (excluding Saturdays and legal holidays); |
| 3. | The EU Party, Turkey, Vietnam, and the United Kingdom of Great Britain: 15 days prior to initiating the investigation; |
| 4. | China: Seven days prior to initiating the investigation. |
| (2) | Where the Korea Trade Commission initiates an investigation into dumping, and material injury, etc. prescribed in Article 52 (1) of the Customs Act (hereafter referred to as “investigation into dumping, etc.” in this Article) in relation to any good imported from a Contracting State, it shall provide the relevant Contracting State with an opportunity to enter into consultations by the deadlines classified as follows: |
| 1. | The EFTA States, the United States of America, Columbia, Canada, Vietnam, and the Republics of Central America: Prior to initiating the investigation; |
| 2. | Australia and New Zealand: Immediately after initiating the investigation; |
| 3. | China: Seven days prior to initiating the investigation. |
| 1. | A copy of the questionnaire to exporters or producers of the goods subject to the investigation; |
| 2. | A list of major exporters or producers of the goods subject to the investigation. |
| (4) | Pursuant to Article 7.10 of the Agreement with China, the Korea Trade Commission shall notify the relevant exporters and producers of China of the general nature of information subject to an investigation and information which needs to be provided prior to an on-site investigation, and the outcome of the investigation shall be disclosed to the relevant exporters and producers of China subject to the investigation. |
| (5) | Pursuant to Article 3.12 of the Agreement with the EU Party, Article 4.10 of the Agreement with Turkey, Article 7.10 of the Agreement with Vietnam, Article 7.13 of the Agreement with China, or Article 3.12 of the Agreement with the United Kingdom of Great Britain where the Korea Trade Commission conducts a cumulative assessment provided for in Article 63 (3) of the Enforcement Decree of the Customs Act on the effect of imported goods from the EU Party, Turkey, Vietnam, China, or the United Kingdom of Great Britain, it shall examine, with special care, whether the cumulative assessment is appropriate in light of the conditions of competition among the imported goods and the conditions of competition between the imported goods and the like domestic goods. <Amended on Oct. 29, 2019> |
| (6) | After initiating an investigation into dumping, etc. in relation to goods imported from the United States of America, Australia, Canada, New Zealand, Vietnam or China, the Korea Trade Commission shall provide, in writing, information necessary for proposing a pledge prescribed in Article 54 (1) of the Customs Act (hereinafter referred to as “proposal of a pledge”) to the United States of America or the Embassy of the United States of America, Australia, Canada or the Embassy of Canada, New Zealand, Vietnam or the Embassy of Vietnam, or China or the Embassy of China. |
| (7) | With respect to a proposal of pledge regarding goods imported from the United States of America, Columbia, Canada, or the Republics of Central America (referring to a proposal of a pledge regarding price adjustment in cases of the United States of America, Columbia, and the Republics of Central America), the Minister of Economy and Finance shall provide an opportunity to enter into consultations to exporters of the United States of America, Columbia, Canada, or the Republics of Central America. <Amended on Feb. 8, 2019> |
| (8) | Where a preliminary affirmative determination of dumping and material injury, etc. caused by such dumping, as prescribed in Article 51 of the Customs Act, has been made in a preliminary investigation on goods imported from Australia, New Zealand, Vietnam or China, the Minister of Economy and Finance shall inform exporters of Australia, New Zealand, Vietnam or China about the availability of a proposal of a pledge regarding anti-dumping duties. |
| (9) | Where the dumping margin of goods imported from the EU Party, Turkey, or the United Kingdom of Great Britain subject to anti-dumping duties or the margin for which a proposal of pledge is being implemented is found to be less than the threshold determined by Ordinance of the Ministry of Economy and Finance upon the review conducted under Article 56 (1) of the Customs Act (hereinafter referred to as “review”), pursuant to Article 3.13 of the Agreement with the EU Party, Article 4.11 of the Agreement with Turkey, or Article 3.13 of the Agreement with the United Kingdom of Great Britain, the Minister of Economy and Finance shall terminate the application of the anti-dumping duties or the implementation of the pledge. <Amended on Oct. 29, 2019> |
| (10) | Where the imposition of an anti-dumping duty is terminated as a result of a review on goods imported from India, the Korea Trade Commission shall not initiate an investigation on the same goods imported from India regarding dumping, etc. to for one year from the termination of imposition of the anti-dumping duty: Provided, That this shall not apply in cases meeting the following requirements: |
| 1. | Where dumping or material injury to domestic industries has recurred after terminating the imposition of the anti-dumping duty; |
| 2. | Where there is evidence proving that an investigation is needed to prevent material injury due to dumping, or any threat thereof, to domestic industries. |
| (11) | Where the imposition of an anti-dumping duty is terminated as a result of a review on goods imported from the EU Party, Turkey, Vietnam, or the United Kingdom of Great Britain, pursuant to Article 3.11 of the Agreement with the EU Party, Article 4.9 of the Agreement with Turkey, Article 7.9 of the Agreement with Vietnam, or Article 3.11 of the Agreement with the United Kingdom of Great Britain, the Korea Trade Commission shall not initiate an investigation on the same goods imported from the EU Party, Turkey, Vietnam, or the United Kingdom of Great Britain regarding dumping, etc. for one year from the termination of imposition of the anti-dumping duty: Provided, That this shall not apply where it is verified that the circumstances have changed before initiating an investigation. <Amended on Oct. 29, 2019> |
| (12) | Where the imposition of an anti-dumping duty is terminated as a result of a review on goods imported from China or the Republics of Central America, if the Korea Trade Commission receives an application for an investigation necessary for imposing an anti-dumping duty on the same goods imported from China or the Republics of Central America within 12 months from the termination of imposition of the anti-dumping duty, it shall examine such application with special care. <Amended on Feb. 8, 2019> |
[Enforcement Date: Mar. 1, 2021] The amended provisions of Article 33 that concern the Republic of Panama
| Article 34 (Consultations concerning Countervailing Duties) |
| (1) | Upon receipt of an application for an investigation necessary for imposing a countervailing duty prescribed in Article 57 of the Customs Act (hereinafter referred to as “countervailing duty”) on goods imported from a Contracting State, the Korea Trade Commission shall, without delay, notify the Minister of Economy and Finance of the details of such application. |
| (2) | Upon receipt of an application for an investigation necessary for imposing a countervailing duty on goods imported from the EFTA States, the EU Party, Peru, the United States of America, Turkey, Columbia, Australia, Canada, New Zealand, Vietnam, China, the Republics of Central America, or the United Kingdom of Great Britain, the Korea Trade Commission shall notify, in writing, the details of such application (in the case of Peru, referring to a copy of the questionnaire to exporters or producers of the goods subject to the investigation and a list of major exporters or producers of the goods subject to the investigation) to the relevant Contracting State before initiating the investigation (in the case of the EFTA States, it shall be 30 days before initiating the investigation as prescribed in Article 2.9.2 of the Agreement with the EFTA States), and consult with the relevant Contracting State before initiating the investigation: Provided, That where the EFTA States request consultations within 10 days from the date of receipt of such written notification, the Korea Trade Commission shall consult with the EFTA States at the Joint Committee established under Article 8.1 of the Agreement with the EFTA States. <Amended on Feb. 8, 2019; Oct. 29, 2019> |
| (3) | The Korea Trade Commission shall notify the Minister of Economy and Finance of the outcome of the consultations prescribed in paragraph (2). |
| (5) | Pursuant to Article 7.10 of the Agreement with China, the Korea Trade Commission shall notify the relevant exporters and producers of China of the general nature of information subject to investigation and information that needs to be provided prior to an on-site investigation, and the outcome of the investigation shall be disclosed to the relevant exporters and producers of China subject to the investigation. |
| (6) | Where the Korea Trade Commission conducts a cumulative assessment prescribed in Article 77 (3) of the Enforcement Decree of the Customs Act on the injury caused by goods imported from the EU Party, Turkey, Vietnam, China, or the United Kingdom of Great Britain, it shall examine, with special care, whether such cumulative assessment is appropriate in light of the conditions of competition among the imported goods and the conditions of competition between the imported goods and the like domestic goods. <Amended on Oct. 29, 2019> |
| (7) | After initiating an investigation into the payment of subsidies, etc., and material injury, etc. prescribed in Article 58 (1) of the Customs Act in relation to goods imported from the United States of America, Australia, Canada, New Zealand, Vietnam or China, the Korea Trade Commission shall provide, in writing, information necessary for proposing a pledge prescribed in Article 60 (1) of the aforesaid Act to the Embassy of the United States of America or the United States of America, Australia, the Embassy of Canada or Canada, New Zealand, Vietnam or the Embassy of Vietnam, or China or the Embassy of China. |
| (8) | With respect to proposals of pledges classified as follows, the Minister of Economy and Finance shall provide a Contracting State or exporter with an opportunity to enter into consultations: <Amended on Feb. 8, 2019> |
| 1. | The United States of America: Proposal of a pledge concerning price adjustment prescribed in Article 60 (1) of the Customs Act or an undertaking on quantity prescribed in Article 10.7.4 of the Agreement with the United States of America; |
| 3. | Canada: Proposal of an undertaking on countervailing duties; |
| 4. | The Republics of Central America: Proposal of a pledge concerning price adjustment prescribed in Article 60 (1) of the Customs Act or an undertaking on quantity prescribed in Article 7.9.2 of the Agreement with the Republics of Central America. |
| (9) | Where a preliminary affirmative determination of subsidization and material injury, etc. caused by such subsidization, prescribed in Article 57 of the Customs Act, has been made in a preliminary investigation on goods imported from Australia, New Zealand, Vietnam or China, the Minister of Economy and Finance shall inform the relevant Contracting State and exporters of goods subject to countervailing duties about the availability of a proposal of an undertaking regarding countervailing duties. |
| (10) | Where the Minister of Economy and Finance imposes countervailing duties on goods imported from the EU Party, Peru, Turkey, or the United Kingdom of Great Britain, such imposition shall be limited to the extent necessary for remedying subsidization and material injury, etc. caused by such subsidization, prescribed in Article 57 of the Customs Act. <Amended on Oct. 29, 2019> |
[Enforcement Date: Mar. 1, 2021] The amended provisions of Article 34 that concern the Republic of Panama
CHAPTER VI SPECIAL EXCEPTIONS TO CUSTOMS CLEARANCE AND RECIPROCAL COOPERATION ON CUSTOMS AFFAIRS
| Article 35 (Special Exceptions to Customs Clearance Procedures) |
The Commissioner of the Korea Customs Service may exempt an express shipment imported from the United States of America, the value of which does not exceed the amount set by Ordinance of the Ministry of Economy and Finance, from an import declaration required under Article 241 (1) of the Customs Act, pursuant to Article 29 of the Act and Article 7.7 of the Agreement with the United States of America, in the absence of special circumstances. [This Article Wholly Amended on Dec. 26, 2016]
| Article 36 (Customs Duty Exemptions for Temporarily Imported Goods) |
| (1) | “Period prescribed by Presidential Decree” in Article 30 (1) 1 of the Act means a period approved by the head of a customs house within one year from the date of acceptance of an import declaration, in consideration of the related documents, such as a contract for temporary importation, the reasons for importation, and the conditions, service life, usage, etc. of the relevant goods. |
| (2) | Notwithstanding paragraph (1), the head of a customs house may extend the period by up to one year, in any extenuating circumstances. |
| Article 37 (Advance Rulings on Origins) |
| (1) | “Matters prescribed by Presidential Decree” in the main clause of Article 31 (1) of the Act means any of the following matters: |
| 1. | Matters concerning the origin of the relevant good and the origin of the materials used for the production thereof; |
| 2. | Matters concerning the tariff classification, and value or cost determination of the relevant good and the materials used for the production thereof; |
| 3. | Matters concerning the calculation of added-value created in the course of producing, processing, or manufacturing the relevant good; |
| 4. | Matters concerning the refund, reduction or exemption of customs duties on the relevant good; |
| 5. | Matters concerning the indication of the origin of the relevant good; |
| 6. | Matters concerning quota-based differential application of conventional tariffs prescribed in Article 3; |
| 7. | Other matters prescribed by Ordinance of the Ministry of Economy and Finance, which constitute the basis of the application of conventional tariffs or exemption from customs duties. |
| (2) | “Documents prescribed by Presidential Decree” in the main clause of Article 31 (1) of the Act means the following documents: |
| 1. | An application for an advance ruling prescribed by Ordinance of the Ministry of Economy and Finance (the following matters shall be described therein): |
| (b) | The description, specifications, and HS Code of the relevant good; |
| 2. | Documents describing matters necessary for an advance ruling regarding the subject matters of the application, including the descriptions, HS Codes, prices and origins of the respective materials used for producing the relevant good, such as transaction contract, statement on cost accounting, bill of materials, process specifications, and so forth. |
| (3) | Where it is deemed impracticable to make an advance ruling on the subject matters of the application, such as whether the criteria for determining origins are met, due to incomplete documents submitted under paragraph (2), the Commissioner of the Korea Customs Service may require the applicant to rectify the relevant documents within a prescribed period not exceeding 20 days. |
| (4) | The Commissioner of the Korea Customs Service may return an application for an advance ruling in any of the following circumstances: |
| 1. | Where the applicant fails to comply with a request for rectification made by the Commissioner of the Korea Customs Service under paragraph (3); |
| 3. | Where procedures for dissatisfaction application, such as raising of an objection, a petition for examination or adjudication, filing of a lawsuit, etc., are pending with respect to a case involving the same subject matter as addressed in the application for an advance ruling. |
| (5) | “Period prescribed by Presidential Decree” in the main clause of Article 31 (2) of the Act means 90 days from the date of receipt of an application for an advance ruling. In such cases, the period for rectification referred to in paragraph (3) shall not be counted towards such period. |
| (6) | “Exceptional circumstances prescribed by Presidential Decree” in Article 31 (3) of the Act means any of the following cases: |
| 1. | Where the contents of an advance ruling fail to reflect any changed circumstance, due to any change in the facts or circumstance forming the basis of the advance ruling or due to the amendment of the Agreement or a relevant statute or regulation, before the import declaration is filed after the advance ruling; |
| 2. | Where a serious mistake is found in the course of an advance ruling, because the applicant has submitted false materials or failed to submit materials necessary for the advance ruling; |
| 3. | Where a final determination of the competent authority before which an objection, a petition for examination or adjudication, or a lawsuit has been filed with respect to a case involving the same subject matter as addressed in the application for the advance ruling or a ruling of a court is different from the details of the advance ruling. |
| Article 38 (Filing Objections to Results of Advance Rulings on Origin) |
| (1) | In accordance with Article 31 (5) of the Act, a person who intends to file an objection to the results of an advance ruling shall submit a written objection prescribed by Ordinance of the Ministry of Economy and Finance, attached with materials verifying the details of the objection and a copy of the written advance ruling, to the Commissioner of the Korea Customs Service. |
| (2) | A written application referred to in paragraph (1) shall contain the following information: |
| 1. | The name, and address (including electronic address) or residence of the person who raises the objection; |
| 2. | The date of receipt of the written advance ruling and contents thereof; |
| 3. | The description and HS Code of the relevant good; |
| 4. | The summery and detail of the objection. |
| (3) | Article 15 (3) through (6) shall apply mutatis mutandis to the procedures for filing objections prescribed in paragraph (1). In such cases, the "Commissioner of the Korea Customs Service or the head of a customs house" shall be construed as the "Commissioner of the Korea Customs Service." |
| Article 39 (Modification of Contents of Advance Rulings) |
| (1) | “Grounds prescribed by Presidential Decree, such as changes in facts or circumstances in which a written advance ruling was based” in Article 32 (1) of the Act means any of the following cases: |
| 1. | Where any fact or circumstance forming the basis of an advance ruling has changed, or where, as a result of the amendment of the relevant Agreement or statues, the criteria for determining the origin of the relevant good, or the tariff classification, etc. based on which its origin is determined have changed; |
| 2. | Where there is an error in the tariff classification, added value estimation, etc. of any good or material subject to advance ruling; |
| (2) | Where a person in receipt of a written advance ruling prescribed in Article 31 (2) of the Act becomes aware that a cause falling under any subparagraph of paragraph (1) has occurred, he or she may give notice of the relevant change to the Commissioner of the Korea Customs Service, as prescribed by Ordinance of the Ministry of Economy and Finance. |
| (3) | Upon receipt of the notice referred to in paragraph (2), or if deemed necessary, the Commissioner of the Korea Customs Service may modify or revoke a written advance ruling after reviewing the changed fact. In such cases, the Commissioner of the Korea Customs Service shall notify the applicant of relevant issues including the following: |
| 1. | The reasons and legal grounds for modifying or revoking the relevant written advance ruling, its application date, and goods subject to such modification or revocation; |
| 2. | The procedures for applying for deferral of the application of modification of a written advance ruling prescribed in Article 40. |
| Article 40 (Special Cases concerning Effects of Modifications of Written Advance Rulings) |
Pursuant to the proviso of Article 32 (3) of the Act and the Agreement with the relevant Contracting State, where any importer (including exporters and producers of the relevant Contracting State) who has relied in good faith on the contents of an advance ruling provides evidence that he or she will sustain losses if the contents of the modified written advance ruling apply to him or her in accordance with Ordinance of the Ministry of Economy and Finance, the Commissioner of the Korea Customs Service may apply the contents of the written advance ruling before modification to such importer for a period not exceeding the periods according to the following classifications from the date of modification of the relevant written advance ruling:
| Article 41 (Procedures for Reciprocal Cooperation) |
| 1. | Matters concerning mutual administrative assistance necessary for verifying origin; |
| 2. | Matters concerning the exchange of information on statutes and regulations related to origin; |
| 3. | Matters concerning the improvement and development of customs clearance procedures, such as the establishment of paperless customs clearance procedures and the promotion of an electronic trade environment; |
| 4. | Matters concerning education and training of customs officials and persons engaged in customs clearance affairs; |
| 5. | Exchange of information necessary for verifying the origins of exported or imported goods; |
| (2) | The Commissioner of the Korea Customs Service may consult with the customs authority of any Contracting State on matters necessary for administrative cooperation on tariff matters, such as the procedures and methods for and scope of cooperation in verification of origin. |
| (3) | The Minister of Economy and Finance may designate and utilize an official in exclusive charge of consultation on customs duties to consult with Contracting States on the implementation of the Agreements (limited to tariff matters) under Article 33 (1) of the Act and to operate a consultative organization referred to in Article 33 (1) of the Act. |
| Article 42 (Special Cases concerning Procedures for Reciprocal Cooperation under the Agreement with the EU Party) |
| (1) | Pursuant to Article 33 (2) of the Act and Article 14.1 of the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation entered into with the EU Party, the Minister of Economy and Finance shall exchange with the EU Party available information on their duty drawback and inward processing schemes applicable to raw materials for export as well as statistics on export and import prescribed by Ordinance of the Ministry of Economy and Finance (referring to statistics for a period from January 1 to December 31 of the immediately preceding year; hereafter referred to as “statistics on export and import, etc.” in this Article) on a yearly and reciprocal basis. |
| (2) | Where the Commissioner of the Korea Customs Service intends to exchange statistics on export and import, etc. with the EU Party, he or she shall report them to the Minister of Economy and Finance by no later than one month before exchanging them with the EU Party. |
| (3) | The Minister of Economy and Finance may require the Commissioner of the Korea Customs Service to submit statistics on export and import, etc., if deemed necessary for reciprocal cooperation with the EU Party. |
| (4) | Pursuant to Article 33 (1) of the Act and Article 14.2 of the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation entered into with the EU Party, at any time after the Agreement with the EU Party enters into force, the Minister of Economy and Finance may consult with the EU Party with a view to discussing possible limitations on duty drawback and inward processing schemes for a particular good where there is a change in raw material sourcing patterns which may have a negative effect on domestic producers of like or directly competitive goods and the requirements prescribed by Ordinance of the Ministry of Economy and Finance are satisfied. |
| (5) | In cases of any disagreement as to whether the conditions prescribed in paragraph (4) are met between the Minister of Economy and Finance and the EU Party, Article 14.3 of the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation entered into with the EU Party shall apply. |
| Article 42-2 (Special Cases concerning Procedures for Reciprocal Cooperation under the Agreement with the United Kingdom of Great Britain) |
| (1) | Pursuant to Article 33 (2) of the Act and Article 14.1 of the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation entered into with the United Kingdom of Great Britain, the Minister of Economy and Finance shall exchange with the United Kingdom of Great Britain available information on their duty drawback and inward processing schemes applicable to raw materials for export as well as statistics on export and import prescribed by Ordinance of the Ministry of Economy and Finance (referring to statistics for a period from January 1 to December 31 of the immediately preceding year; hereafter referred to as “statistics on export and import, etc.” in this Article) on a yearly and reciprocal basis. |
| (2) | Where the Commissioner of the Korea Customs Service intends to exchange statistics on export and import, etc. with the United Kingdom of Great Britain, he or she shall report them to the Minister of Economy and Finance by no later than one month before exchanging them with the United Kingdom of Great Britain. |
| (3) | The Minister of Economy and Finance may require the Commissioner of the Korea Customs Service to submit statistics on export and import, etc., if deemed necessary for reciprocal cooperation with the United Kingdom of Great Britain. |
| (4) | Pursuant to Article 33 (1) of the Act and Article 14.2 of the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation entered into with the United Kingdom of Great Britain, at any time after the Agreement with the United Kingdom of Great Britain enters into force, the Minister of Economy and Finance may consult with the United Kingdom of Great Britain with a view to discussing possible limitations on duty drawback and inward processing schemes for a particular good where there is a change in raw material sourcing patterns which may have a negative effect on domestic producers of like or directly competitive goods and the requirements prescribed by Ordinance of the Ministry of Economy and Finance are satisfied. |
| (5) | In cases of any disagreement as to whether the conditions prescribed in paragraph (4) are met between the Minister of Economy and Finance and the United Kingdom of Great Britain, Article 14.3 of the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation entered into with the United Kingdom of Great Britain shall apply. |
[This Article Newly Inserted on Oct. 29, 2019]
| Article 43 (Procedures for Filing Applications for Reciprocal Consultations on Customs Duties) |
| (1) | A person who intends to apply for reciprocal consultation on customs duties pursuant to Article 34 (1) of the Act shall submit an application for reciprocal consultation on customs duties in the form prescribed by Ordinance of the Ministry of Economy and Finance to the Minister of Economy and Finance. |
| (2) | An application for reciprocal consultation on customs duties referred to in paragraph (1) shall include the following matters: |
| 1. | A written notice of origin determination and a written notice of imposition of customs duties, or a document in lieu thereof issued by a Contracting State, with regard to the application for reciprocal consultation on customs duties; |
| 2. | A written appeal, if an applicant or his or her agent (including a person who has imported the good through the applicant, and his or her agent) in a Contracting State files an appeal before the competent authority of the relevant Contracting State. |
| (3) | Where the Minister of Economy and Finance determines that reciprocal consultation on custom duties prescribed in Article 34 (1) of the Act is required, upon review of the application filed under paragraph (1), or ex officio, he or she may request the customs authority of the relevant Contracting State to take a necessary measure for rectification, after consulting with the Minister of Trade, Industry and Energy. |
| (4) | Where the customs authority of the relevant Contracting State fails to agree to have consultation or to accept the request for rectification within a reasonable period from the date of receipt of such request for rectification, the Minister of Economy and Finance may request the customs authority of the relevant Contracting State to hold a meeting of the consultative organization pursuant to Article 34 (3) of the Act. |
| (5) | Upon completing reciprocal consultation on customs duties with the customs authority of a Contracting State, the Minister of Economy and Finance shall notify, in writing, the outcome thereof to the relevant applicant within 30 days from the date of completion of such reciprocal consultation. |
CHAPTER VII RESTRICTIONS ON APPLICATION OF CONVENTIONAL TARIFFS
| Article 44 (Restrictions on Application of Conventional Tariffs) |
| (2) | “Other cases falling under causes prescribed by Presidential Decree” in Article 35 (1) 8 of the Act means any of the following cases: |
| 1. | Where it becomes impracticable for the Commissioner of the Korea Customs Service or the head of a customs house to conduct an investigation of origin due to the bankruptcy, business closure, or unknown whereabouts of a person subject to investigation prescribed in Article 17 (1) of the Act, or other extenuating circumstances corresponding thereto; |
| 2. | Where a person subject to investigation prescribed in Article 17 (1) of the Act, refuses, obstructs, or evades any documentary or on-site investigation conducted by the Commissioner of the Korea Customs Service or the head of a customs house. |
| Article 45 (Special Cases of Restrictions on Application of Conventional Tariffs) |
| (1) | Where the head of a customs house restricts the application of conventional tariffs under Article 35 (1) 1 of the Act on the ground that an importer of goods originating from any Member Country of the ASEAN has submitted a certificate of origin completed or issued by misrepresentation, he or she shall send written notice specifying the subject goods, reasons for such restriction and the relevant legal grounds therefor, attached with the certificate of origin submitted by the said importer, to the competent authority of the relevant Member County of the ASEAN within two months after taking such measure, in the manner determined by the Commissioner of the Korea Customs Service. |
| (2) | Within two months from the date the head of a customs house gives written notice referred to in paragraph (1), the competent authority of the relevant Member Country of the ASEAN in receipt of such notice may explain to the head of the customs house that the relevant matters stated in the certificate of origin have been misrepresented by an inadvertent error, and have no substantial effect on the determination of origin. |
| (3) | Where the explanation referred to in paragraph (2) is deemed well-grounded, the head of a customs house shall notify the relevant importer of such fact and refund customs duties levied and collected pursuant to the latter part, with the exception of the subparagraphs, of Article 35 (1) of the Act to him or her. In such cases, additional dues on refund of customs duties shall not be paid. |
| (4) | Where the head of a customs house restricts the application of conventional tariffs to textile-related goods imported from the United States of America on the ground specified in Article 35 (1) 5 of the Act, he or she shall give prior notice thereon to the customs authority of the United States of America. |
| Article 46 (Initial Date in Reckoning Periods of Excluding Imposition of Custom Duties) |
“Date prescribed by Presidential Decree” in the former part of Article 35 (2) of the Act means the date immediately after either of the following dates: <Amended on Feb. 11, 2020> | 1. | Where a request for application of conventional tariffs is filed pursuant to Article 8 (1) of the Act, the date such request for application is filed; |
| 2. | Where a request for application of conventional tariffs is filed after an import declaration is accepted pursuant to Article 9 (1) or (2) of the Act, the date such request for application is filed. |
| Article 47 (Additional Duties) |
| (1) | “Unjust means prescribed by Presidential Decree, such as forgery or alteration of a certificate of origin” in Article 36 (1) 1 of the Act means any of the following: |
| 1. | Where an importer has completed a certificate of origin by fraud or has forged or altered it; |
| 2. | Where an importer destroys materials necessary for examining the amounts of duties, such as documents evidencing origin, for the purpose of wholly or partially concealing facts based on which the tax base or the amount of customs duties is determined; |
| 3. | Other cases where an importer commits any unjust act for the purpose of becoming eligible for conventional tariffs. |
| 1. | Where an importer notified of an error in a document evidencing origin pursuant to Article 14 (2) of the Act makes a revised declaration before receiving notice on an investigation of origin referred to in Article 17 (1) of the Act: Provided, That the same shall apply only when the importer is not responsible for such error; |
| 2. | With respect to a request for verifying origin made by the Commissioner of the Korea Customs Service or the head of a customs house to the customs authority of a Contracting State under Article 19 (1) of the Act, where the customs authority of the Contracting State fails to notify the outcome of such verification within the period prescribed by Ordinance of the Ministry of Economy and Finance; |
| 3. | Where an exporter or producer of a Contracting State has failed to submit materials requested by the Commissioner of the Korea Customs Service or the head of a customs house under Article 16 (1) of the Act within the period prescribed in paragraph (2) of the aforesaid Article or submitted materials by misrepresentation, or in other cases where an importer has justifiable reasons in relation to the collection of shortage of customs duties. |
| (4) | In any of the cases prescribed in the subparagraphs of paragraph (3), the head of a customs house shall not collect additional duties falling under the subparagraphs of Article 36 (2) of the Act. <Amended on Feb. 11, 2020> |
| Article 48 (Designation of Persons Subject to Restrictions on Application of Conventional Tariffs) |
| (1) | Where the head of a customs house intends to designate a person subject to restriction on application of conventional tariffs pursuant to Article 37 (1) of the Act (hereinafter referred to as “person subject to restriction on application”), he or she shall provide the person to be designated as a person subject to restriction on application with an opportunity to present his or her opinions orally or in writing within a prescribed period not exceeding 30 days. In such cases, if the person fails to present any opinion within the prescribed period, he or she shall be deemed to have no opinion. |
| (2) | Upon designating a person subject to restriction on application, the head of a customs house shall report such designation and the following matters to the Commissioner of the Korea Customs Service, and publish them via the information and communications network designated by the Commissioner of the Korea Customs Service (hereinafter referred to as the “designated information and communications network”), and if necessary, he or she may post the same information on a bulletin board of the competent customs house: |
| 1. | The trade name/name and address of the person subject to restriction on application; |
| 2. | The description, model, specifications, HS Code, and exporting country of the good subject to restriction on application of conventional tariffs; |
| 3. | The period of and grounds for restricting application of conventional tariffs. |
| (3) | Upon receipt of a report referred to in paragraph (2), the Commissioner of the Korea Customs Service shall immediately notify the relevant facts to the person to be designated as a person subject to restriction on application and the customs authority of the relevant Contracting State. |
| (4) | The designation of a person subject to restriction on application shall take effect on the date the head of a customs house publishes the relevant facts via the designated information and communications network. |
| (5) | The head of a customs house shall conduct an examination referred to in Article 37 (3) of the Act on a good subject to restriction on application of conventional tariffs prescribed in paragraph (2) 2 before accepting the import declaration thereon. |
| Article 49 (Revocation of Designation of Persons Subject to Restrictions on Application of Conventional Tariffs) |
| (1) | A person designated as a person subject to restriction on application pursuant to Article 37 (1) of the Act may file an application for revocation of such designation, attached with the following documents, with the head of the competent customs house, as prescribed in paragraph (4) of the aforesaid Article: |
| 1. | An application prescribed by Ordinance of the Ministry of Economy and Finance (including the following information): |
| (a) | The name and address (including electronic address) of the applicant; |
| (b) | The date the person is designated as a person subject to restriction on application, and the period of such designation; |
| (c) | The description, specifications, model, HS Code, and exporting country of the good subject to restriction on application of conventional tariffs; |
| (e) | The grounds for applying for the revocation of designation as a person subject to restriction on application; |
| 2. | Documents evidencing origin. |
| (2) | Upon receipt of an application filed under paragraph (1), the head of a customs house shall revoke the designation as a person subject to restriction on application, if he or she deems that the relevant documents evidencing origin have been completed faithfully after examining the application. |
| (3) | Upon determining a revocation of the designation of a person subject to restriction on application pursuant to paragraph (2), the head of a customs house shall report such determination to the Commissioner of the Korea Customs Service, and publish it via the designated information and communications network within seven days from the date of such determination, and, if necessary, he or she may post the same on a bulletin board of the competent customs house. |
| (4) | Upon receipt of a report referred to in paragraph (3), the Commissioner of the Korea Customs Service shall immediately give notice thereof to the relevant applicant and the customs authority of the relevant Contracting State, respectively. |
| (5) | The revocation of designation of a person subject to restriction on application shall take effect on the date such revocation is published via the designated information and communications network under paragraph (3). |
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 50 (Duty of Confidentiality) |
| (1) | “Issuer of a document evidencing origin who is specified by Presidential Decree” in the main clause, with the exception of the subparagraphs, of Article 38 (1) and Article 44 (2) 7 of the Act means an employee in charge of issuing certificates of origin at an agency authorized to issue certificates of origin under Article 11 (1) 1 of the Act (excluding a customs house; hereafter referred to as “issuing authority” in this Article). |
| (2) | Anyone who submits materials to the Commissioner of the Korea Customs Service, the head of a customs house, or the head of an issuing authority pursuant to Article 38 (1) of the Act may request that such materials should be treated as confidential by presenting justifiable grounds. |
| (3) | Upon receipt of a request prescribed in paragraph (2), the Commissioner of the Korea Customs Service, the head of a customs house, or the head of an issuing authority shall classify and treat the relevant materials as confidential, except in extenuating circumstances. |
| (4) | Notwithstanding paragraphs (2) and (3), where any of the following materials, if disclosed, is likely to damage to the interest of the submitter of the document or any other interested party, the Commissioner of the Korea Customs Service, the head of a customs house, or the head of an issuing authority shall classify such materials as confidential pursuant to Article 38 (1) of the Act, even though no request is made by the submitter or any other interested party: |
| 2. | Manufacturing process; |
| 3. | Name and address of the other party of the transaction, and the transaction volume; |
| 4. | Documents evidencing origin provided by the customs authority of a Contracting State pursuant to the relevant Agreement; |
| 5. | Other materials deemed appropriate to treat confidentially by the Commissioner of the Korea Customs Service or the head of a customs house. |
| (5) | Materials classified as confidential pursuant to paragraphs (2) through (4) (hereinafter referred to as “confidential materials”) shall be retained for five years from the date of their submission, except in extenuating circumstances, and shall be destroyed by means of incineration, shredding, etc. after the expiration of the period of preservation. |
| (6) | Where the Commissioner of the Korea Customs Service or the head of a customs house is asked to provide any confidential material by the customs authority of any Contracting State, he or she shall notify the relevant submitter of his or her receipt of such request and may provide the confidential material to the customs authority of the Contracting State only when the relevant submitter has consented to the provision of such material. |
| (7) | When providing any confidential material to the customs authority of any Contracting State pursuant to paragraph (6), the Commissioner of the Korea Customs Service or the head of the customs house may require the customs authority to submit a written guarantee for keeping the material confidential. In such cases, he or she may refuse to provide the material if the customs authority of the Contracting State refuses to submit a written guarantee. |
| Article 51 (Persons Entitled to File Objections) |
“An exporter or producer of any Contracting State prescribed by Presidential Decree” in Article 39 of the Act means: | 1. | An exporter or producer of Chile who has completed and signed a certificate of origin for a good that has become the subject of a determination of origin pursuant to Article 5.10 of the Agreement with Chile, or who has received an advance ruling on determination of origin prescribed in Article 5.9 of the Agreement with Chile; |
| 2. | An exporter or producer of Singapore who has been issued with a certificate of origin for a good that has become the subject of a determination of origin or has completed documents for verifying origin pursuant to Article 5.11 of the Agreement with Singapore, or who has received an advance ruling pursuant to Article 5.8 of the Agreement with Singapore; |
| 3. | An exporter or producer of Colombia who has completed and signed a certificate of origin for a good that has become the subject to a determination of origin pursuant to Article 4.10 of the Agreement with Colombia, or who has received an advance ruling pursuant to Article 4.9 of the Agreement with Colombia; |
| 4. | An exporter or producer of Australia who has completed and signed, or been issued with a certificate of origin for a good that has become the subject to a determination of origin pursuant to Article 4.8 of the Agreement with Australia, or who has received an advance ruling pursuant to Article 4.7 of the Agreement with Australia; |
| 5. | An exporter or producer of Canada who has completed and signed a certificate of origin for a good that has become the subject to a determination of origin pursuant to Article 4.11 of the Agreement with Canada, or who has received an advance ruling pursuant to Article 4.10 of the Agreement with Canada. |
| Article 52 (Delegation of Authority) |
Pursuant to Article 42 of the Act, the Commissioner of the Korea Customs Service shall delegate authorities over the following affairs to the head of the Customs Valuation and Classification Institute: Provided, That an advance ruling, etc. on matters prescribed in Article 37 (1) 4 through 6 shall be excluded herefrom: | 1. | An advance ruling on origin, etc. prescribed in Article 31 of the Act, and the notification of the outcome of an advance ruling and processing of any objection filed in relation thereto; |
| Article 53 (Determination on Document Formats) |
Except for those determined by Ordinance of the Ministry of Economy and Finance, application forms and other document formats referred to in the Act or this Decree shall be determined and publicly notified by the Commissioner of the Korea Customs Service.
CHAPTER IX PENALTY PROVISIONS
| Article 54 (Standards for Imposing Administrative Fines) |
ADDENDA <Presidential Decree No. 27300, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016: Provided, That the following amended provisions shall enter into force on the dates classified as follows:
| 1. | The amended provisions of Articles 2 (11), 6 (2) 5, 13 (1) 7, 21 (12), and 22 (3), 23 (1) 7, 23 (2) 9, 23 (3) 9, 23 (4) 1, 24 (1) 6, 25 (2), 27, 29 (1), 30 (1) 4, 30 (3), 31 (1), 32 (6), 31 (1) 1, 31 (2) 1, 31 (7), 34 (2), 34 (8) 2, subparagraph 2 of Article 35, subparagraph 3 of Article 51, and attached Tables 12 and 21 (limited to cases related to Columbia): The date the Agreement with Columbia enters into force; |
| 2. | The amended provisions of attached Table 5 (limited to goods originating from Laos, Malaysia or Vietnam): The corresponding dates on which the protocols concerning the exemption of reciprocal tariff rates respectively concluded between the Republic of Korea and Laos, the Republic of Korea and Malaysia, and the Republic of Korea and Vietnam enter into force. |
Article 2 (Applicability to Procedures for Investigating Origins)
The amended provisions of Article 14 shall also apply to cases where an investigation of origin is being conducted as at the time this Decree enters into force.
Article 3 (Special Cases concerning Certificates of Origin)
The following shall apply to certificates of origin prepared and signed or issued pursuant to the Agreements with Contracting States:
| 1. | A certificate of origin issued within 90 days before the enforcement date, January 1, 2010, of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, as amended by Presidential Decree No. 21940, which meets the requirements prescribed in the Agreement with India or the Agreement with the ASEAN Member Countries as well as Article 2 of the aforesaid Decree shall be construed as a certificate of origin referred to in Article 2 of the aforesaid Decree for the purpose of filing a request for application of conventional tariffs, etc.; |
| 2. | Where the certificate of origin (referring to a certificate of origin which meets the requirements prescribed in the Agreement with the EU Party and Article 2 of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, as amended by Presidential Decree No. 22999) of a good, which is being transported, stored in a bonded warehouse, or in a free trade zone defined in subparagraph 1 of Article 2 of the Act on Designation and Management of Free Trade Zones, as of the enforcement date, July 1, 2011, of the aforesaid Decree, is issued within 12 months after the aforesaid Decree enters into force and is submitted along with documents evidencing that the relevant good has been transported directly to the relevant Contracting State, such certificate of origin shall be construed as a certificate of origin referred to in Article 2 of the aforesaid Decree; |
| 3. | Where the certificate of origin (referring to a certificate of origin which meets the requirements prescribed in the Agreement with Turkey and Article 2 (1) of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, as amended by Presidential Decree No. 24232) of a good, which is being transported, stored in a bonded warehouse, or in a free trade zone defined in subparagraph 1 of Article 2 of the Act on Designation and Management of Free Trade Zones, as of the enforcement date, May 1, 2013, of the aforesaid Decree, is issued within 12 months after the aforesaid Decree enters into force and is submitted along with documents evidencing that the relevant good has been transported directly to the relevant Contracting State, such certificate of origin shall be construed as a certificate of origin referred to in Article 2 (1) of the aforesaid Decree; |
| 4. | Pursuant to paragraph 7 of Article 3.15 of the Agreement with Australia or paragraph 7 of Article 4.1 of the Agreement with Canada, notwithstanding the amended provisions of Article 9-2 (2) 6 and 7 of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements as amended by Presidential Decree No. 25848, the effective period of a certificate of origin completed and signed before the aforesaid Decree enters into force on January 1, 2015, shall be two years from the date of its signing; and, pursuant to paragraph 1 of Article 3.16 of the Agreement with Australia, notwithstanding Article 9-2 (2) 6 of the aforesaid Decree, the effective period of a certificate of origin issued before the aforesaid Decree enters into force shall be two years from the date of its issuance; |
| 5. | Pursuant to paragraph 9 of Article 3.19 of the Agreement with New Zealand, Article 9-2 (2) 8 of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, as amended by Presidential Decree No. 26726, shall also apply to certificates of origin completed and signed before the aforesaid Decree enters into force on December 20, 2015; |
| 6. | Where the certificate of origin (referring to a certificate of origin which meets the requirements prescribed in the Agreement with Vietnam and Article 9-2 (1) of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, as amended by Presidential Decree No. 26726) of a good, which is being transported, stored in a bonded warehouse, or in a free trade zone defined in subparagraph 1 of Article 2 of the Act on Designation and Management of Free Trade Zones, as of the enforcement date, December 20, 2015 of the aforesaid Decree, is issued within 12 months after the aforesaid Decree enters into force and is submitted along with documents evidencing that the relevant good has been transported directly to the relevant Contracting State, such certificate of origin shall be construed as a certificate of origin referred to in Article 9-2 of the aforesaid Decree; |
| 7. | Where the certificate of origin (referring to a certificate of origin which meets the requirements prescribed in the Agreement with China and Article 9-2 (1) of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, as amended by Presidential Decree No. 26726) of a good, which is being transported, stored in a bonded warehouse, or in a free trade zone defined in subparagraph 1 of Article 2 of the Act on Designation and Management of Free Trade Zones, as of the enforcement date, December 20, 2015, of the aforesaid Decree, is issued within three months after the aforesaid Decree enters into force and is submitted along with documents evidencing that the relevant good has been transported directly to the relevant Contracting State, such certificate of origin shall be construed as a certificate of origin referred to in Article 9-2 of the aforesaid Decree; |
| 8. | A certificate of origin completed and signed pursuant to paragraph 8 of Article 3.18 of the Agreement with Colombia within six months before the Agreement with Columbia enters into force shall be construed as a certificate of origin prepared and signed pursuant to Article 6. |
Article 4 (General Transitional Measures concerning Dispositions)
Dispositions, proceedings, and other acts taken or conducted under the previous provisions as at the time this Decree enters into force shall be construed as dispositions, proceedings, and acts taken or conducted under the corresponding provisions of this Decree.
Article 5 (Transitional Measures concerning Procedures for Investigating Origins)
Notwithstanding the amended provisions of Article 11, Articles 15 and 16 of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, as amended by Presidential Decree No. 27077, shall apply to any investigation of origin being conducted as at the time this Decree enters into force.
Article 6 (Transitional Measures concerning Administrative Fines)
Administrative fines imposed against violations committed before this Decree enters into force shall be counted when calculating the number of violations under the amended provisions of attached Table 25.
Article 7 (Transitional Measures concerning Retention Periods of Documents Evidencing Origin)
The following shall apply to the retention periods of documents evidencing origin:
| 1. | Notwithstanding Article 13 (2) 1 of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, as amended by Presidential Decree No. 26305, importers who file a request for application of conventional tariffs before the aforesaid Decree enters into force on June 5, 2015 shall be governed by the previous provisions of Article 13 (2) 1 of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements (referring to the provisions of the Decree before being amended by Presidential Decree No. 26305); |
| 2. | Notwithstanding the amended provisions of the main clause of Article 10 (2) 2, Article 13 (2) 2 and 3 of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, as amended by Presidential Decree No. 27077, shall apply to the retention period of documents evidencing origin, etc. being kept as at the time this Decree enters into force. |
Article 8 (Transitional Measure concerning Revision of Conventional Tariff Rates)
Notwithstanding the amended provisions of attached Table 3 of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements, as amended by Presidential Decree No. 27077, the goods for which an import declaration is filed before the aforesaid Decree enters into force on March 31, 2016 shall be governed by the previous provisions of attached Table 3 of the Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements (referring to the provisions of the Decree before being amended by Presidential Decree No. 27077).
Article 9 Omitted.
Article 10 (Relationship to Other Statutes and Regulations)
Where any of the provisions of the previous Enforcement Decree of the Act on Special Cases of the Customs Act for the Implementation of Free Trade Agreements is cited by another statute or regulation as at the time this Decree enters into force, if this Decree includes corresponding provisions, such corresponding provisions shall be deemed cited in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 27680, Dec. 26, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017: Provided, That in cases of goods originating from Malaysia or Vietnam, the amended provisions of attached Table 5 shall enter into force on the date on which the protocol concerning the exemption of reciprocal tariff rates concluded between the Republic of Korea and Malaysia or between the Republic of Korea and Vietnam enters into force respectively.
Article 2 (Applicability to Revision of HS Codes)
The amended provisions of attached Tables 1 through 17 and 19 through 21 shall apply to goods for which an export declaration or import declaration is filed after this Decree enters into force.
ADDENDA <Presidential Decree No. 28836, Apr. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 1 shall enter into force on May 1, 2018.
Article 2 (Transitional Measure concerning Revision of Conventional Tariff Rates)
Notwithstanding the amended provisions of attached Table 1, the previous provisions shall govern the goods for which an import declaration is filed before the Decree enters into force under the proviso of Article 1 of the Addenda.
ADDENDA <Enforcement Decree No. 29522, Feb. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date on which the same Agreement between the Republic of Korea and each of the Republics of Central America comes into effect pursuant to Article 24.5 of the Free Trade Agreement between the Republic of Korea and the Republics of Central America.
Article 2 (General Applicability)
This Decree shall begin to apply from the first goods on which an import declaration or an export declaration is filed after this Decree enters into force.
ADDENDA <Presidential Decree No. 30099, Oct. 1, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2019: Provided, That the amended provisions of attached Table 17-2 shall enter into force on the date the same agreement enters into force between the Republic of Korea and each of the Republics of Central America pursuant to Article 24.5 of the Free Trade Agreement between the Republic of Korea and the Republics of Central America, respectively.
Article 2 (General Applicability)
This Decree shall begin to apply to goods for which an import or export declaration is filed, after this Decree enters into force.
Article 3 (Applicability to Revision of Conventional Tariff Rates)
The amended provisions of attached Tables 2, 4, 6, 10, 13 and 17 shall also apply where an import declaration on goods falling under the previous attached Tables 2, 4, 6, 10, 13 and 17 is filed before this Decree enters into force: Provided, That the cases where the previous tax rates have been increased pursuant to the amended provisions of attached Tables 2, 4, 6, 10, 13 and 17 shall be excluded therefrom.
ADDENDA <Presidential Decree No. 30160, Oct. 29, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date the agreement with the United Kingdom of Great Britain takes effect: Provided, That the amended provisions of Article 2 (7) shall enter into force when the agreement with the EU Party ceases to apply to the United Kingdom of Great Britain.
Article 2 (General Applicability)
This Decree shall begin to apply to goods for which an import or export declaration is filed, after this Decree enters into force.
Article 3 (Special Cases concerning Certificates of Origin)
Where a certificate of origin (referring to a certificate of origin which meets the requirements prescribed in the Agreement with the United Kingdom of Great Britain and Article 6 of this Decree of a good, which is being transported, stored in a bonded warehouse, or in a free trade zone defined in subparagraph 1 of Article 2 of the Act on Designation and Management of Free Trade Zones, as of the enforcement date of this Decree, is retroactively prepared within 12 months after this Decree enters into force and is submitted along with documents evidencing that the relevant good has been transported directly to the relevant Contracting State, such certificate of origin shall be construed as a certificate of origin referred to in Article 6
Article 4 (Special Cases concerning Imported Goods Prior to Effect of Agreement with the United Kingdom of Great Britain)
Where the agreement with the United Kingdom of Great Britain is yet to take effect while the agreement with the EU Party ceases to apply to the United Kingdom of Great Britain, this Decree shall also apply to goods imported until the agreement with the United Kingdom of Great Britain is yet to take effect while the agreement with the EU Party ceases to apply to the United Kingdom of Great Britain.
ADDENDA <Presidential Decree No. 30409, Feb. 11, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 5, 10 (2), 17 (limited to the part concerning Article 9 (2) of the Act) and 46 shall enter into force on April 1, 2020.
Article 2 (Special Cases concerning Deadline for Application for Ex Post Facto Application of Conventional Tariffs)
An importer (excluding an importer who has filed a request for application of conventional tariffs pursuant to Articles 8 and 9 (1) of the Act) who has received a duty payment notice (referring to a duty payment notice where customs duties are collected in accordance with Article 38-3 (6) or 39 (2) of the Customs Act by applying tariff classification different from that reported by an importer) as at the time this Decree enters into force. Notwithstanding the amended provisions of paragraph (3), a request for the ex post facto application of conventional tariffs may be filed within 90 days from the date on which a duty payment notice is received.
ADDENDA <Presidential Decree No. 31340, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021: Provided, That the conventional tariff rate applicable to imported goods originating from Panama under subparagraph 5 of the amended provisions of attached Table 17-2 shall apply to Panama from the day on which the Free Trade Agreement between the Republic of Korea and the Republics of Central America takes effect between the two countries under Article 24.5 of the same agreement; and the amended provisions of attached Table 17-3 shall enter into force on the date the same agreement takes effect pursuant to Article 15.10 of the Free Trade Agreement between the Republic of Korea and the United Kingdom of Great Britain.
Article 2 (Applicability to Addition of Tariff Classification Codes and Names)
The amended provisions of attached Tables 1 through 4, 6 through 8, 10 through 17, 17-2, and 17-3 shall apply to goods on which an export declaration or an import declaration is filed after this Decree enters into force.