• 무역상무연구
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• 제69권
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• pp.589-616
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• 2016

The reviewing of an analysis of the Korea-China FTA due to guidance introduced for the new regulations or exceptional regulations compared to the KORUS, Korea-EU, Korea-ASEAN FTA. Commodity sectors in the Korea-China FTA and the KORUS, Korea-EU, Korea-ASEAN FTA(the majority in the country and trade criteria analysis result) compared and analyzed the results, rules of origin and the customs clearance procedures of origin, preferential tariff rate of origin and the origin preferential specific rules are somewhat difference, but customs and trade facilitation regulations are already quite consistent with the Korea customs system. Relatively important research results were as follows. First, the calculation of the regional value content in KORCHINA FTA is that I'm to use the deduction method can comprehensively reflect a regional value ratio, with respect to the materials acquired originating status as the FTA in the US and EU use the product non it's not to consider the value of the originating materials originating materials can be utilized for intermediate goods. Second, even if a non-treaty country in the middle with the exception of direct transport rules, and acknowledge the country of origin are under customs control, there are provisions for the period are temporarily stored in a non-treaty countries separately, that period goods imported into the non-treaty countries and up to three months from the day. If the situation of the occurrence of force majeure be greater than three months, but has so exceed six months. Third, the materials acquired originating status in the Korea-China FTA not to consider the value of non-originating materials used in its products as the KORUS FTA and Korea-EU FTA, that can be utilized originating materials for intermediate goods. It is expected that higher utilization of rules of origin. Meanwhile, Korea-China FTA has provisions to allow requests for preferential tariff applied on imports Customs declaration of intention to apply pre-condition for a preferential tariff applied to the importer. In other words, if the import customs tariff preference when applying post-intention not to advance is to be noted that any preferential treatment to prevent the later application.

• 통상정보연구
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• 제14권4호
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• pp.387-408
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• 2012

본 연구는 우리나라가 기(旣)체결한 FTA 원산지 결정기준 중에서 기업들이 간과하기 쉬운 선결 조건인 직접운송원칙에 대해 연구하였다. 동 원칙은 원산지 결정기준을 충족하는 물품이라 하더라도 협정 당사국간에 직접운송된 물품에 한하여 역내산(域內産)으로 인정하여 협정관세를 부여하고, 제3국을 거쳐서 수입하는 경우에는 원칙적으로 역내산으로 인정하지 않는다. 그러나 그 물품이 하역, 재선적, 탁송품의 분리, 또는 물품을 양호한 상태로 보존하기 위하여 마련된 작업을 제외한 작업을 거치지 아니할 경우, 비당사국의 영역을 경유하여 운송될 수 있다. 그 기간 동안 그 물품은 경유국 세관의 감시하에 있어야 한다. 이러한 직접운송원칙을 위반한 사례와 상담사례의 분석을 통하여 기업들은 협정별 직접운송원칙의 세부적인 규정들을 사전에 파악하고, 물품이 제3국을 경유하여 운송되었을 경우 더욱 세심한 주의를 기울여 이에 대한 대처방안을 잘 활용한다면 FTA 협정관세 혜택을 향유하면서 기업경쟁력을 제고할 수 있을 것이다.

• 아태비즈니스연구
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• 제14권4호
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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.

• 통상정보연구
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• 제14권2호
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• pp.447-470
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• 2012

원산지란 국제간의 교역에서 다루어지고 있는 모든 물품에 대한 국적을 나타내는 규정으로서 각국은 원산지 규정을 법 또는 제도로서 운영관리하며 산업재산권 보호차원에서 접근하고 있다. 최근 경제지도를 확대하기 위한 일환으로 확산되고 있는 FTA 협정에서 원산지규정은 매우 복잡한 절차와 이해를 필요로 하는 분야로 국가 간 협상의 최대 쟁점이 되고 있으며 우리나라의 경우 한 칠레 FTA를 시작으로 동시다발적으로 추진된 FTA 협정에서 원산지 기준은 각 협정별 차이로 인해 일관성이 결여되고 국가 간 협상이 쉽지 않은 분야이다. 특히 농업부문의 원산지 기준은 다른 재화와는 다른 농산물의 특성이 반영되어야 하며, 각 품목별 특성을 고려해야하는 분야이다. 기 체결된 협정문에서 다루어진 원산지 기준에 대한 충분한 검토와 품목별 비교를 통해 향후 추진되고 있는 FTA 협정체결과정에서 농업부문에 적용할 수 있는 시사점을 제공하는 것은 매우 큰 의미가 있다. 본 연구에서는 기체결 FTA 협정에서 농업부문의 원산지결정 기준에 대하여 칠레, 미국, ASEAN 그리고 EU와의 FTA 협정을 중심으로 검토하고 각각의 특징을 분석하여 향후 추진되는 FTA에서 활용될 수 있는 시사점을 제시하고자 한다.

• 무역학회지
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• 제44권1호
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• pp.207-220
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• 2019

In the context of export-oriented growth strategy, Korea has promoted the conclusion of FTAs and 16 FTAs have entered into force or concluded so far. Despite of these efforts, the expansion of the global value chain (GVC) has resulted in fragmentation of production processes and international companies have been struggling to meet the criteria for determining the rule of origin. In order to overcome these difficulties, some foreign FTAs have been introducing cross-cumulation of origin. In this paper, we try to examine empirically whether the easing of the rules of origin using cross-cumulation contributes to the increase in actual value-added exports. we quantify the effects of cross-cumulation included in the EU-Vietnam FTA on Korean exports of the textile through a gravity model using the concept of value-added export. Based on the analysis results, the proportion of value-added exports in Vietnam increased by adoption of cross-cumulation of origin, which consequently resulted into an increase in total exports. This paper tries to draw several implications for the rules of origin in Korea's FTAs including cross-cumulation considering the export value chain of Korea.

• 무역학회지
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• 제45권5호
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• pp.223-238
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• 2020

In the environment of protectionism and bilateral trade agreements, Korea has promoted the conclusion of FTAs for its export-oriented trading policy, and 16 FTAs have entered into force at present. The main goal of this paper is to introduce the ISI system and its benefits and to extend the preferential rule of origin regime by using the Integrated Sourcing Initiative in the U.S. Code of Federal Regulations. The ISI illustrates with impressive clarity the fact that it considered as a tool of expanding the geographic limit of states and maximizing the global sourcing strategy of multinational corporations, allowing the developing countries to gain access to the market of developed ones that avoid the complexity and costs of many rules of origin regimes. This paper utilizes the literature research and analyzes a case study of FTAs which have adopted the ISI system. In conclusion, it presents several implications of additional measures to satisfy rules of origin in Korea's existing FTAs relating to the global supply chain strategy.

• Journal of Korea Trade
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• 제25권8호
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• pp.1-24
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• 2021

Purpose - This study categorizes factors that influence the utilization of preferential tariffs based on the characteristics of rules of origin (RoO) and identifies and analyzes the influence of these characteristics on the utilization of preferential tariffs and the trade performance of companies. Design/methodology - In this study, we categorized factors that have an influence on the utilization of preferential tariffs based on the characteristics of RoO and investigated and tested the influence of these characteristics on the utilization of preferential tariffs and the trade performance of companies. For empirical analysis, we categorized the characteristics of RoO into restrictiveness, complexity, and uncertainty. We then developed a research model and formulated hypotheses based on previous studies, and tested the hypotheses using statistical software-(SPSS 25.0 and AMOS 18.0.) Findings - Previous studies suggested that each characteristic of RoO is determined by unique features of a Regional Trade Agreement (RTA). This study conducted an empirical analysis on the influence of the characteristics of RoO on the utilization of preferential tariffs and trade performance. The results confirmed that, overall, the characteristics of preferential rules of origin (PRoO) are related to and influence Korean companies' utilization of preferential tariffs and trade performance. As for the degree of the influence, the characteristics were in the order of uncertainty> restrictiveness> complexity. Nevertheless, complexity turned out not to have an influence large enough to change a company's decision on the utilization of preferential tariffs. Based on these results, this study identified unique features of PRoO and related problems for Korean companies that want to utilize preferential tariffs and suggested countermeasures for their effective utilization of preferential tariffs in the future. Originality/value - Companies that want to use preferential tariffs in international trade have to satisfy PRoO. The issue of origin can be regarded as an essential part of an RTA and RoO, are a crucial criterion in using preferential tariffs. The rules are requirements to claim benefits of preferential trade agreements and are the primary reasons companies have trouble in utilizing preferential tariffs. In this sense, this study categorized the characteristics of RoO, which are a key part of an RTA, and surveyed working-level professionals in charge of international trade at Korean companies to investigate the relationship between these characteristics and the utilizations of preferential tariffs and trade performance of the companies.

• 무역상무연구
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• 제57권
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• pp.35-60
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• 2013

The Incoterms which is one of the most useful international instrument for sale of goods provides when a contract goods deliver, risk passes and how costs are allocated between seller and buyer on the contract as long as they agree to use a rule of the Incoterms rules. The Incoterms rules have come into effective to use for an international or domestic trade of goods since January 2011, which have been modified several times since these established by ICC in 1936. The origin of Incoterms rules may had been appeared from English traditional FOB terms that had been affected to American regulations for the sale of goods. The Incoterms rules which had been started from the traditional English FOB terms and American FOB terms have been expanded other trade terms, such as CIF. Although FOB is based on the COD(Cash on Delivery), it is possible replaced COD to CAD(Cash against Delivery) through the use of Bill of Lading and Letter of Credit in the international sale of goods between seller and buyer according to the development of infrastructures on the international commercial transactions. This article exercises the process of transition of the Incoterms rules, being based on the English and American traditional FOB contract form through review literatures, judical precedents and provisions. Then this article provides some feasible alternatives to attempting to resolve some regulation problems of FCA, CPT, CIP, and D-rules in the Incoterms$^{(R)}$ 2010.

• Journal of Korea Trade
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• 제26권8호
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• pp.58-76
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• 2022

Purpose - This study examined the Rules of Origin (RoO) as a factor affecting free trade agreements' (FTA) utilization and analyzed the causal relationship and the effects of these factors on the export performance of automobile parts companies. Design/methodology - We analyzed and verified the impact of FTA utilization and the export performance of automobile parts companies by dividing the characteristics of the RoO into complexity and uncertainty. Following which, various statistical analyses were conducted on the interrelationships among these variables. Findings - This research analyzed the effect of the RoO factors of complexity and uncertainty on the use of FTA and the export performance of automobile parts companies. We found that these characteristics of RoO were generally related to and affected the FTA use and export performance of these companies. Based on this, this study's investigation into the characteristics of the RoO would then help companies in better utilizing the FTA, as well as providing suggestions on how to effectively respond to the application of the FTA in the future. Originality/value - Companies that want to utilize FTAs in international trade must follow the RoO. In the Regional Trade Agreement (RTA), the country-of-origin is a key factor, with the RoO being an important requirement for the application of preferential tariffs. These regulations are a requirement for receiving FTA preferential treatment; however, they also cause difficulties to companies in using the FTA.

• 무역상무연구
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• 제57권
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• pp.221-241
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• 2013

Country of origin is very important in terms of consumers right to know, protection of producer, national finance and tariff preference etc. The principal issues related to country of origin are breaches of origin mark, determination of origin of OEM products, domestic products using imported raw materials, exports products, and fairness of penalties. This study focus origin mark issues on key components and set products which have not been treated so far. First, Origin mark issues on key components need to introduce multiple countries of origin for the same products. Some specific products, which are considered important key components or materials, has to mark multiple country of origin in terms of portion and significance. Next, Origin mark issues on set products need to expand the objects from 15 listed items of Korea Foreign Trade Act to all items of HS tariff schedules of Korea Customs Act. A set products which below 15% of components can mark single country of origin like FTA agreement such as Korea-EU FTA, Korea-EFTA, Korea-US FTA and Korea-Peru FTA.