• Title/Summary/Keyword: Customs law

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China's Reorganization of Maritime Law Enforcement Administrations and ROK-China Maritime Cooperation (중국 해상법집행기관조직 개편과 한·중 해양협력)

  • Kim, Seok-kyun
    • Strategy21
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    • s.33
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    • pp.178-201
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    • 2014
  • China National People's Congress has passed the bill to combine the Marine Law Enforcement into "State Oceanic Administration People's Republic of China". This bill was intended to resolve the overlapping jurisdiction and disputes caused in ocean territory in nearby countries. The purpose of reorganizing the administration was to combine the dispersed organization into one group. This new big administration was basically organized to increase the power of China marine state on the long-term. The reorganization plan is to group General Administration of Customs, China Marine Surveillance, Fisheries Law Enforcement Command, and Border Control Department into one State Oceanic Administration. The new state Oceanic Administration carries the authority to protect rights and enforce the marine law supported by Public Security Bureau. Korea Coast Guard has been cooperating with China Marine Surveillance since 1998 when the first pact was made. The next step expanded to General Administration of Customs. Currently working with Regional Maritime Law Enforcement organizations dealing mostly with illegal Chinese fishing boats and IEODO conflict. In order to solve the problems we face today is to observe the process of the New China Coast Guard administration, analysing the effects that could be caused by the change and to keep close cooperation between the new administrations.

The Disputes of FTA Preferential Duty Treatment : The Implications of the U.S Customs Case Laws (한·미FTA 특혜관세분쟁을 대비한 미국판례의 동향과 함의)

  • Ha, Choong Lyong
    • International Commerce and Information Review
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    • v.17 no.3
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    • pp.203-222
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    • 2015
  • Papers in FTA research have mostly focused on the legal interpretation of the FTA treaties. In this research, more focus was put on the customs laws and related cases delivered in the U.S. federal courts, by which we can analyze the Korea-U.S. FTA in more practical manner to derive the enterprises' solutions to cope with the disputes of FTA preferential duty. The Tariff Act of 1930 is the U.S. customs law to govern FTA preferential duties. The administrative practices with customs duties are coordinated with the FTA rules. The most controversial issue in the U.S. customs law lies in the classification of imported goods for imposition of the customs duties, based on Harmonized Tariff Schedule of the United States. It was found that the U.S. federal courts had been quite favorable to the CBP(U.S. Customs and Border Protections) in litigation with the private importers and exporters. The reason seems to be that the CBP has been dealing with the customs cases so many times, accumulating much experience in execution of the U.S. customs laws, which is likely to make their decisions on customs duties almost free of errors. Therefore, the Korean exporters need to collect the CBP's past cases on the denial of preferential treatment on imported goods and be fully informed of the CBP's policies on the FTA preferential duty treatment.

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Suggesting Strategic Countermeasures to the Change of Customs Administration in Korea and Japan (한일 세관행정 변화와 전략적 대응방안)

  • La, Kong-Woo;Kang, Jin-Wook;Kim, Hyoung-Cheol
    • International Commerce and Information Review
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    • v.14 no.1
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    • pp.273-299
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    • 2012
  • Japan's customs ensure the safety of international trade and trade facilitation has been pursuing. To do this, AEO was introduced to this system and expanding the supply chain currently maintain security and improve customer convenience is necessary to continue to be pursued. In addition, the imposition of customs duties in accordance with changes in the environment to Tariff offenders and increased the amount of tax evasion, smuggling of narcotics, including amphetamines and response, the increase in access is required. In this paper, Japan's tariff and customs administration for the change in the future for Japan-related materials around the Treasury Department's analysis will attempt to draw implications for this.

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The Research on present status and problems of information infrasructure under trade procedure (무역단계별(貿易段階別) 정보(情報)인프라 현황(現況) 및 과제(課題)에 관한 연구(硏究))

  • Lee, Sang-Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.14
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    • pp.373-395
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    • 2000
  • Recently international trade environment has been rapidly changed according to information age. In particular, international trade has been carried out with various ways under the digital revolution. In this regard, the companies are handling their business with the open network internet and doing their critical marketing activities which are very different from the existed trade customs. However, trade-related information database which is necessary to import and export activities is partly built, and there are many issues to be settled down. In other words, electronic trade opportunity website in the field of overseas marketing and customs clearance with EDI(electronic data interchange) are developed, but the database which companies can make use of their businesses is not fully supported. Therefore the structured database should be developed urgently from the stage of opening business to that of payment. This study closely analyzes the databases under the trade procedure, look into the problems of those database and suggest the solutions of trade information databases. Finally this study provides a sort of trade infrastructure for the development of international trade by internet through the building of trade information.

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A Study on the Innovation of Export and Import Conditions for Electronic Trade (전자무역을 위한 상역부문의 혁신에 관한 연구)

  • Lee, Bong-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.137-153
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    • 2006
  • The thesis examines the problems for innovation of export and import conditions and shows the various ways of overcoming them. The alternatives of export and import conditions are as follows. First, the government body including customs service should participate on positive lines for the construction of single window and standardization of the required documents. Second, it is required the development of efficient connection system among exporter and importer, customs service, requirement confirmation agency etc. to contribute the simplification of a operation. Therefore this research is intended to improve understanding of changes for innovation and to contribute in support basis, operation structure, legal and institutional side. Practical implications regarding the innovation of export and import conditions for electronic trade are discussed.

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Issuance of Clean Report of Findings and Rights of Exporters (Clean Report of Findings의 발급과 수출업체의 권리)

  • LEE, Byung-Lak
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.219-240
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    • 2015
  • Developing countries have faced serious difficulties in implementing customs procedures. For example, they have experienced heavy administrative constraints such as lack of qualified personnel and non-computerization. Some importers in developing countries have tried to undervalue or overvalue the imported goods and misclassify them with the target of lowering the incidence of customs duties. In order to address these problems many of developing countries often require the exporter to get a Clean Report of Findings(CRF) issued by a preshipment inspection entity. This study tries to reply to the following questions with which the exporters are faced in the process of issuance of CRF. First, what are the provisions and regulations that the exporters have to note in the event a CRF is issued by the inspection entity? Second, how do the exporters safeguard their own rights in case of price verification? Third, how to protect the confidential business information to be submitted by the exporters in order to get a CRF? Fourth, how can the exporters respond to the improper conducts that the inspection entities have done?

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A Study on the Valuation for Trade Remedies System and KORUS-FTA Chapter 10 between the KOREA and U.S. (한.미 무역구제제도 및 KORUS-FTA 제10장에 대한 평가 및 유의점에 관한 고찰)

  • Oh, Hyon-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.41
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    • pp.237-266
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    • 2009
  • KORUS-FTA are consist of articles 8. In order to the subjects are, application of a safeguard measures, conditions and limitations, provisional measures, compensation, global safeguard actions, definitions, antidumping and countervailing duties, committee on trade remedies. In especially, regarding application of a safeguard measures under KORUS-FTA, if as a result of the reduction or elimination of a customs duty under this agreement, an originating good of the other party is being imported into the territory of a party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of such originating good from the other party constitute a substantial cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the party may: suspend the further reduction of any rate of customs duty on the good provided for under this agreement; increase the rate of customs duty on the good to a level not to exceed the lesser of: the most-favored-nation (MFN) applied rate of duty on the good in effect at the time the action is taken; and the MFN applied rate of duty on the good in effect on the day immediately preceding the date this Agreement enters into force; or in the case of a customs duty applied to a good on a seasonal basis, increase the rate of duty to a level that, for each season, does not exceed the lesser of: the MFN applied rate of duty on the good in effect for the corresponding season immediately preceding the date of application of the safeguard measure; and the MFN applied rate of duty on the good in effect for the corresponding season immediately preceding the date this agreement enters into force.

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A Study on Customs Clearance Procedure of Korea and China to Vitalize Online Export of Korean (중국 통관제도 개편에 따른 해외직판 활성화 방안)

  • YU, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.70
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    • pp.135-157
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    • 2016
  • Globalization of consumption, expansion of cross border e-trade, increase use of internet and mobile have led to rapid growth of world e-commerce particularly in Asia and emerging markets. Impacted by Korean wave, online export is continuously increasing, yet Korea is experiencing severe e-commerce trade imbalance. Export growth rate and ratio of Korean small companies are relatively low from OECD member countries. Therefore, Korean government is currently emphasizing on vitalization of online export to China to resolve trade imbalance and to increase export of small companies. To propose detail measures to vitalize online export to China, this study is focused on export customs clearance procedure of Korea and import customs clearance procedure of China in view of online export company. Also suggested countermeasure plan and analysis for the new tax revision plan related to e-commerce which implemented on April 8th 2016. This study have grouped countermeasure plan by short term plan of firms and long term plan of the government. As for the short-term countermeasure plan for firms, first, comparison analysis of tax rate on products is need to decide type of e-commerce strategy; second, if planning to start e-commerce business to China, sales possibility and certification check is necessary; third, through preparation of customs clearance document is needed; last in order to obtain price competitiveness, new logistics strategy and packing development is required. As for the long-term countermeasure plan for the government, I have suggested cooperated bonded logistics service for small businesses and operation plan of show room for promising Korean products.

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A Study on the Annual Custom Foods in Kyungnam Area and on their Application to the School Foodservice (경남 지역 세시음식의 시행 및 학교급식에서의 적용에 관한 연구)

  • Cheong, Hyo-Sook
    • Journal of the Korean Society of Food Culture
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    • v.17 no.3
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    • pp.225-239
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    • 2002
  • This is the research on the observing annual customs, the annual custom foods and the application of the annual custom foods to the school foodservice. We sample 419 housewives live in Kyungnam area and 174 dieticians work at the primary and secondary schools. Annual customs the housewives and dieticians observe at high degree are Chuseok, Seolral, Jeongwoldaeboreum, Dongji, Chopail, Sambok etc. The housewives observe more Seolral, Chuseok and Dongji than the dieticians and the dieticians observe more Sambok than the housewives.(P<.001) When they provide school foodservice, the dieticians observe Dongji at the highest degree. In Kyungnam they eat most the gakjongnamul as annual custom foods on Chuseok and Seolral. They eat most ogokbap and mugeunnamul on Jeongwoldaeboreum, minarinamul on Chopail, and samgyetang on Sambok and patjuk on Dongji as the annual custom foods. Most of dieticians (94.3%) answer that it is good to provide annual custom foods as the school foodservice on annual customs. However, they indicate some practical problems to do such as inadequacy of the school cooking facilities, its not suiting students' tastes, etc. The rate of housewives' answers that we have to transmit annual customs is higher than that of dieticians.(P<.001) Seolral topped the list of annual customs both housewives and dieticians answer must be transmitted, followed by Chuseok, Jeongwoldaeboreum, Dongji. Dongji is followed by Chopail(P<.001) in the housewives' answers while Sambok(P<.001) in the dieticians' answers. Though most of the respondents know the origins, dates and details of annual customs they think must be transmitted, they don't know well those of the other ones. By their mothers both housewives and dieticians have come to know about annual customs and mostly affected. Secondly housewives affected by their mothers-in-law while dieticians by their school education.(P<.001)