• Title/Summary/Keyword: advance rulings

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Preventing Disputes under Free Trade Agreements with Advance Ruling System

  • Yi, Jisoo
    • Journal of Arbitration Studies
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    • v.29 no.3
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    • pp.23-38
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    • 2019
  • This article aims to explore ways to prevent disputes arising from 'Origin Procedure' under FTAs through 'advance ruling system'. To achieve the aims of this article, this paper examines advance ruling systems operated by Korea and the United States to implement the Korea-US FTA, and analyzes whether the systems are realizing the original purpose of preventing disputes in terms of legal certainty and accessibility. The results show that the advance ruling system for origin in Korea has the same high level of laws and institutions as that of the United States. However, it is necessary to further provide institutional support for staffs that operate the system, so that expertise knowledge can be consolidated and accumulated. Also the accessibility of the system requires improvements.

A Study on the Origin Verification of China and the Cases disapproved under Korea-China FTA (한·중 FTA체제에서 중국의 원산지검증제도와 원산지불인정사례 연구)

  • Bae, Myong-Ryeol;Shim, Sang-Ryul
    • Korea Trade Review
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    • v.42 no.2
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    • pp.297-318
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    • 2017
  • This study reviews the origin verification system of China via literature research and analyzes cases of Korean exports origin disapproved of Chinese customs clearance, to provide origin verification strategy recommendations for Korean companies exporting to China under Korea-China FTA. We reviewed the provisions of Chinese rules of origin and analyzed origin disapproved cases gathered from various presentations. The main results of the study have the following implications; First, the customs authority needs to establish a consultation channel with the customs authority of China, and origin certification issuing agencies should provide exporters with consulting services in the certificate issuing stage to reduce verification risk. Second, exporters need to pay attention to the formal requirements of the proof of origin, utilize the advance rulings program of differences in classification of items between Korea and China, and monitor regulatory change in China.

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