• 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.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.95-119
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• 2020

Securing a stable supply chain is becoming a significant concern among countries as the global uncertainty rises with the expansion of global protectionism and the result of what the COVID-19 pandemic has brought around the world. This study has investigated dispute cases between customs authority and trade corporations based on the KOREA-ASEAN FTA and suggested the following implications and improvements: Firstly, the extent (varieties) of the proof document on cumulation and its form should be stipulated and provided through consultation between customs from each contracting party. Secondly, it ought to be prescribed as an obligation so that producers located in the third country can cooperate in providing documents for certification of origin. The duty to provide such documentary evidence should also be specified when making EX-IM contracts. Lastly, origin verification provisions regarding cases to which cumulation is applied have to be complemented so that the verification period's extension can be applied and approved. One can expect that the abovementioned responses on cumulation will enhance the availability of KOREA-ASEAN FTA.

• 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.

• 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.

• Asia-Pacific Journal of Business
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• v.14 no.4
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• pp.401-412
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• 2023

Purpose - The purpose of this study is to analyze cases and suggest implications regarding the exclusion of the agreement tax rate according to the processing process standards of the FTA rules of origin. Design/methodology/approach - In this study, cases in which export and import companies were excluded from applying the agreed tax rate due to the application of processing operation standards after the application of the FTA were analyzed, focusing on the Tax Tribunal precedents, and a literature study was conducted. Findings - The results of this study analyzed through cases of appeal and verification of exclusion from application of the agreement are as follows. Research implications or Originality - Research on FTA cases is active, but this study is differentiated in that it focuses on analyzing cases of exclusion from application of negotiated tax rates based on meeting the processing process standards applied to fields such as textiles and chemicals in FTA.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.163-186
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• 2015

This study attempts to analyze the trade costs of domestic firms utilizing the FTAs in terms of burden of expenses in managing the rules of origin. In doing so, we classify the managing costs of FTA rules of origin into three categories (that is, (i) ex ante costs from acquiring necessary information and building the infrastructure in the advance stage before the FTAs, (ii) the actual costs of the origin management in the application stage of FTA preferential treatment, (iii) ex post management cost in the preparation stage of origin verification) and perform a survey on the greater details on each category. Using the comprehensive results from the survey regarding domestic firm's use of FTAs, this paper also discusses the issues related to small and medium-sized firms and addresses the concerns involved with their managing costs of FTA rules of origin. Importantly, this paper emphasizes the importance of government supports to reduce inefficiency induced by the additional costs that domestic firms face in their use of FTAs and proposes the various policy implications regarding the managing costs of rules of origin.

• The Journal of shipping and logistics
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• v.35 no.2
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• pp.245-264
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• 2019

With the first agrement in 2004, Korea(ROK) has been one of the most active countries participating in FTA. Companies should meet some requirements to use preferential tariff benefits of FTA. For example, it is required for firms to fulfil the origin criteria and direct transportation principles. This study is designed to provide important factors determining reliability of FTA Origin Certificate. In specific, characteries of firm(trade experience, professional expertise), country (FTA participation, economic development) and product(processing level, value pricing) are investigated as determinants of how trust FTA origin certificate. According to the theoretical foundation and previous studies, this study made 6 hypotheses. SEM(Structural Equation Modeling) was used to test empirically the hypothesized relationships among variables. The empirical findings show that trade experience, professional expertise and FTA participation are important determinants. In other words, firms can trust more FTA Origin Certificate by trading partners with more trading experiences and professional expertises located in countries where participate actively in FTA.

• Korea Trade Review
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• v.44 no.3
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• pp.253-269
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• 2019

This study examines the utilization effect of FTA on the sales and profit of the secondary auto-part suppliers in two aspects: 1) firm-level survey on the utilization of FTA and 2) statistical inference on the FTA effects on their sales and profit. We use the GLS statistical technique, panel and survey data of 130 secondary auto-part suppliers in the Daegu and Kyungpook area in 2007-2016. The evidence shows that the secondary auto-part suppliers struggle to prepare documents for the FTA certificates of origin due to their small firm size, although they utilize the FTA at the relatively high rate of 92 percent. Statistical evidence shows that an increase in the export of the first vender significantly affects the sale of the secondary auto-part vendors, but not their profit. The low profit and high managing cost of utilizing the FTA deteriorate the utilization effect of the FTA of the secondary auto-part vendors, which is a key factor in a global supply chain and for the competitiveness of the automobile industry. Government policies are required for the secondary auto-part suppliers to utilize the FTA more effectively and share the benefits of tariff reduction with first auto-part vendors under FTA transaction.

• Korea Trade Review
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• v.47 no.1
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• pp.199-214
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• 2022

This study aims to quantify the value of origin among CPTPP and Korea, under the assumption that the 'cumulation' clause has large economic effects in multilateral FTAs and increase the possibility of improving FTA utilization. Analysing the relationship between value-added exports and FTA utilization rate, there is a positive correlation between the two variables, and the cumulation of multilateral production of CPTPP is expected to increase Korea's value-added exports. In the GTAP-VA model, the target of cumulation is calculated as 'Domestic Value Added', and all value-added of CPTPP are cumulated in the form of value added exports of exporting country. When Korea participates in CPTPP, it is possible to cumulate additional 6.3~9.6% value added, and the agreements with low FTA export utilization rates such as New Zealand, ASEAN would have greater economic effects of cumulation. For the successful implementation of CPTPP in Korea, it is necessary to develop a new origin verification system that enables multilateral value-added cumulation. It is time to seek cooperation with countries currently participating in CPTPP to prove the value added inherent in CPTPP-originating products.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.493-518
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• 2011

The term rules of origin(RoO) actually speaks for itself, referring to the rules which determine the origin of goods in international trade. The importance of RoO has grown significantly as preferential agreements expand and countries have treated similar imported goods differently according to where the product was made. The purpose of this paper is to study the main case study and its implication of RoO in FTAs. According to survey, the degree of using FTAs in Korea export firms is sharply low. Major reasons are that rules of origin differ from country to country in the FTAs, and that Korean firms have yet to work out what the RoO are. Chapter II of this paper views criteria of the determination country of origin of goods. Chapter III introduces the main case study of FTA rules of origin. Chapter VI presents implication through the case studies and finally concluded this study. In conclusion, Korea needs to build up its own position for rules of origin and provides rules of origin experts into the market. In-depth study and evaluation about Korea's existing FTAs RoO should be carried out to prepare for future FTAs.