• International Commerce and Information Review
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• v.19 no.2
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• pp.145-166
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• 2017

The FTA conventional tariffs shall be applied that the imported goods are subject to the conventional tariffs under any agreement, and the origin of the good is the contracting state in accordance with the criteria for determination origin under any agreement. An importer who intends to be eligible for the application of a conventional tariff shall file a request for the application of a conventional tariff with the head of the competent customs house before the relevant import declaration is accepted. The purpose of this study is to examine the legal standard and verification cases for the judgement of the tax tribunal of FTA conventional tariffs. Through this study, this paper is to provide several implications for companies seeking the benefits of FTA conventional tariffs. The Korean companies to do the following: confirm the effective requirements for direct transport of goods through non-parties under the Korea EU FTA, confirm the criterion for application of conventional tariffs such as certificate of origin and claims for ex post facto conventional tariffs under the Korea US FTA, confirm the issuer of origin declaration and the recognition of origin declaration of bill of lading under the Korea EU FTA, utilize the tax appeal system by denial of FTA conventional tariffs, and prepare the discrepancies in interpretation of legal standard under FTA and FTA Special Customs Act.

• Korea Trade Review
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• v.43 no.3
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• pp.199-218
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• 2018

The force majeure in the international sale of goods has been widely used regarding liability and settlement of disputes in the event of breach of contract due to circumstances beyond the control of the parties. The purpose of this study is to examine the judgment criteria and cases concerning on force majeure in the application of FTA preferential tariffs. In order to achieve this purpose, this paper uses a literature review and case analysis on exceptional circumstances under the Korea·ASEAN FTA and the Korea·EU FTA. This study, this paper provides several implications for companies seeking preferential tariffs regarding the Korea·ASEAN FTA and the Korea·EU FTA. Korean companies are subject to the following: confirm the denial article of FTA preferential tariffs stipulated in the Korea·ASEAN FTA and the Korea·EU FTA, consider the judgment criteria on exceptional circumstances of customs authorities, confirm the extension criteria on the validity period of certificate of origin, confirm the reply criteria of verification result of the customs authorities of the exporting country, and confirm the violation of the principle of good faith for unrequested action on reply of verification result of customs authorities.

• Korea Trade Review
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• v.43 no.6
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• pp.215-238
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• 2018

Tariff reduction from FTAs are applied to imported goods, but not to traveler's goods. There are difficulties in meeting the FTA's conditions for free tariff application, such as origin of goods and direct transportation. This study suggests the optimal cut-off level of a simple tax rate applied to traveler's goods with respect to traveler' welfare and government tax revenue. Among three different scenarios of simple tax reductions by ordering its weighted magnitude of effects, the optimal tariff was found to be 2% applied to all goods. The effects of a 2% reduction of simple tax rate would increase traveler' welfare by 16.8 billion won and reduce tax revenue by only 0.34 billion won.

• 프린팅코리아
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• v.10 no.9
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• pp.104-105
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• 2011

지난 8월 1일부로 한 페루 FTA가 발효됨에 따라 한국무역협회에서 '한 페루 FTA발효와 수출확대 수혜품목'에 대한 연구를 발표했다. 한국무역협회에 따르면 페루와의 교역이 우리 교역에서 차지하는 비중이 작아 EU, 미국 등 거대경제권과의 FTA만큼 우리 경제에 미치는 영향이 크지는 않겠지만, 페루의 빠른 경제성장과 높은 관세율 때문에 중소기업에는 특히 유리할 것이라고 발표했다. 우리나라가 페루에 수출하는 품목가운데 종이제품, 잉크 등의 품목은 실적은 미미하지만 페루의 수입 수요가 크고 높은 관세(최고 17%) 철폐로 국내 중소기업들이 수출에 적극 나설 경우 높은 성과를 올릴 것으로 보인다. 또한 인쇄용지 등은 관세가 10년 동안 철폐되지만 관세율이 9~17%로 높은 만큼 관세 철폐 효과가 지속적으로 나타날 전망이다. 한편 중대형 자동차, 컬러 TV,일부 의약품, 인조섬유, 비디오, 카스테레오 등은 9%의 관세가 즉시 혹은 5년 내에 철폐되어 단기간에 관세 철폐 수혜를 입을 것으로 보인다.

• 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.

• 주류산업
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• v.24 no.2
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• pp.25-37
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• 2004

한, 칠 FTA에서는 원산지가 칠레 또는 우리나라로 인정되는 물품에 대해서만 FTA특혜관세가 적용된다. 즉, 원산지의 인정범위에 따라 적용세율이 달라지므로 원산지규정은 특혜관세의 적용과 우회수입 여부를 판단하는데 핵심적인 과세 요건중의 하나라고 할 수 있다.<중략>

• International Commerce and Information Review
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• v.15 no.2
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• pp.207-232
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• 2013

FTA(Free Trade Agreement) of South Korea and European Union(EU) took effect from July 1, 2011. Korea signed a contract FTA with the European Union by first among Asian country, and Korea EU FTA is evaluated that it is wide, comprehensive and high level FTA. Therefore, Korea EU FTA will become FTA that dimension is high, and FTA fermentation with the European Union may activate the Korean economy through extension of export. By the way, in Korea EU FTA, the stipulations on import and export clearance system is different compared with other FTA. Therefore, exporter and importers should compare thoroughly on essential factor of origin standard and preferential tariff which is set in FTA Agreement. In this study, I analyzed 'conditions of direct transport' that is prescribed in article 13 of Korea EU FTA. Particular, I analyzed recently example of appeal for review that decision is made in the Korea Customs Service(KCS). Laying stress on counter measure of business, conclusion in this study is as following. First, companies must understand correctly a single consignment and a single transport document under Korea EU FTA. Second, companies must not analyze wrong 'conditions of direct transport'. Third, when simplicity transshipment or temporary custody is consisted, companies must secure documentary evidence as soon as possible. Fourth, in case goods pass third country, companies must understand uprightly 'a single consignment'. Finally, companies should keep in mind to truth that European Union and EFTA are different FTA.

• International Commerce and Information Review
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• v.15 no.2
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• pp.365-383
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• 2013

This article stands at the junction of two usually separate fields of study: the politics of International Commerce and Consumer welfare. Conception of welfare state and Welfare society is different depending of the scholars in each country. This paper examines the consumer welfare level of import products in FTA countries. The results shows that FTA country products reaches the same welfare level in sexually, age and job. This paper contributes to this issue by considering consumers that incur consumer welfare level with import products costs.

• Journal of Korean Society of Forest Science
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• v.97 no.1
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• pp.102-112
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• 2008

The main purpose of this study is to provide informations by comparing and analyzing tariff structures for the upcoming FTA negotiation between Korea and China. China is the biggest trade partner of Korea, sharing 33% of total trade value of forest products. However, import takes majority of trade value and it grows constantly. The results of FTA negotiation may have large impacts on Korean forest industry. The conclusions indicate that China subdivides items more complicatedly, and impose lower tariffs on forest products except stone than Korea. Besides, China has tariff escalation system that imposes lower duties on raw material than the manufactured, and also charges different rates of tariff on items of the same heading number according to the degrees of manufacturing. Furthermore, Korea imposes adjustment duties and didn't grant concessions on plywood and board items for protection of domestic industries, however, China already made concessions on all items. As a result of this, it will be unavoidable for Korea to increase import value from China, and tariff removal will have more negative impacts on Korea than China.

• Korea Trade Review
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• v.42 no.4
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• pp.93-114
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• 2017

Under the FTA agreement, preferential tariffs between FTA members will result in tariff reductions. In order to ensure the stable use of the FTA tariff system, it is necessary for the customs authorities to determine whether the origin goods are clearly applicable. This study analyzed the procedure of appeal according to the origin verification system based on the decision made by Korea Customs Service and Tax Tribunal. From this, we examined whether the rate of re-claiming a case rejected in the 'Review System of the Legality Before Taxation' differs. In addition, we carried out a quantitative analysis using bootstrapping technique in order to overcome the scarcity cases of verification of origin among FTA members. The implications of this paper are summarized as follows: First, we tested the hypothesis that the re-claiming rate of Western countries is higher. Second, some issues represented higher re-claiming rate. Third, there was no significant difference between the verification group and the re-claiming rate. Finally, even if an applicant makes a claim again, there is a possibility of being rejected again.