KOR
ENGPR
세인은 관세법인의 새로운 패러다임을 열어가고 있습니다.
뉴스레터
|
2024년 1월 15일 NEWSLETTER
|
HS Heading | Subject Items |
0409 | Natural honey |
0410 | Other edible products of animal origin, not elsewhere specified or included |
1212 | Among the items classified under HS heading 1212, fruit stones and kernels and other vegetable products of a kind used primarily for human consumption, not elsewhere specified or included |
2501 | Salt, of the items classified under HS heading 2501 |
1209 | Blanched vegetables, kimchi, pickled radish, pickled vegetables, salted seafood, marinated raw crab, tofu, soybean paste, soy sauce, bean paste and red pepper paste Vegetable seeds, of items under HS heading 1209 Among rice added or coated with food additives, such as phosphoric acid extracts and amino acids, or rice cultured with mushroom fungus, etc., those maintaining the original shape of rice, containing 90% or more of rice |
• Amendment Proposal: 『Enforcement
Decree Of The Electrical Appliances And Consumer Products Safety Control Act』 and 『Enforcement
Rules Of The Electrical Appliances And Consumer Products Safety Control Act』
- Amendments:
§ Eased requirements to be designated as a safety
certification testing agency; profit making entities can be designated as
testing agencies. Accordingly, public services of testing agencies, such as
administrative dispositions and safety confirmation reports, will be
transferred to Korean Institute of Product Safety.
§ The task of safety confirmation reports,
supplier compliance assessment, and administrative dispositions operated by
safety certification agencies will be transferred to the Korea Institute of
Product Safety, and additional technical review procedures will be omitted during
safety confirmation declaration.
• Settlement of Free Trade Agreement between the Republic of Korea and
GCC
- GCC (Gulf Cooperation Council)
is an economic cooperation body in the form of a customs union consisting of
six countries: Saudi Arabia, the United Arab Emirates, Kuwait, Qatar, Bahrain,
and Oman. On December 28, the Korea-GCC Free Trade Agreement (FTA) has been
agreed and signed with below agenda:
(i) Market opening: tariff concession on items such
as automobiles parts, machinery, and natural gas etc., services such as film
distribution and medical services, and government procurement projects.
(ii) Content of the Agreement: eased rule of origin,
invigoration of digital economy, and strict standards on intellectual property
rights.
(iii) Economic cooperation: 6 Protocols concerning energy,
resources, and bioeconomy.
• Amendment Notice: 『Customs Act』, 『Enforcement
Decree of the Customs Act』 and 『Enforcement Rules of the Customs Act』
- Amendments:
§ Expansion of reasons for extending effective period
for taxation
§ Increased tax penalty reduction rate for
amended declarations
§ Imposition of anti-dumping duties on bypass dumping
goods
§ Expansion of the scope of high-amount and
habitual delinquents subject to public disclosure
§ Expanded compensation for losses due to physical
inspection and abolishment of import and export inspection fees
§ Establishment of new provisions to block
narcotics being imported into Korea
§ Expansion of eligible items and extension of
deadlines for duty reduction/exemption program for environmental pollution
prevention items
§ Establishment of new provisions to exempt
customs duties on certain equipment for semiconductor manufacturing that are
temporarily imported (i.e. duty exemption for re-exportation)
• Korea Customs Service Abolishes Product Inspection Fees
- Until now, when customs officers
directly visited a bonded warehouse owned by an import or export company to
inspect goods, the declarant had to pay a basic fee of KRW 2,000 per hour as
well as actual expenses as an inspection fee. However, the inspection fees for
import and export goods at locations other than customs inspection sites is
abolished effective from January 1, 2024.
AMENDMENTS
•
Notice on the Operation of Monthly Payment
System (partial amendment proposed)
•
Enforcement Decree of the Liquor Tax Act (partial amendment proposed)
•
Notice on the Management of Bonded Construction
Sites (partial amendment proposed)
•
Notice on Changed Classification of
Import/Export Goods (partial
amendment)
•
Notice on Customs Clearance of Personal Effects
for Travelers and Crew Members (partial
amendment)
•
Ordinance on Operation of Customs Investigation
(partial amendment proposed)
•
Enforcement Decree Of The Individual
Consumption Tax Act (partial
amendment proposed)
•
Enforcement Decree Of The Act On Designation
And Management of Free Trade Zones (partial amendment)
•
Notice on Customs Clearance Procedures for
International Postal Imports (partial
amendment)
•
Enforcement Decree Of The Traffic, Energy And
Environment Tax Act (partial
amendment)
•
Enforcement Decree Of The Foreign Investment
Promotion Act (partial amendment)
•
Enforcement Decree Of The Electrical Appliances
And Consumer Products Safety Control Act (partial amendment proposed)
•
Enforcement Rules Of The Electrical Appliances
And Consumer Products Safety Control Act (partial amendment proposed)
•
Notice on the Import and Export of Strategic Material
(partial amendment)
•
Enforcement Decree Of The Foreign Trade Act (partial amendment)
•
Enforcement Decree Of The Value-added Tax Act (partial amendment)
OPINION
|
Lee, You Baek Certified
Customs Attorney | Director of SEIN Daegu-Kyeongbuk Division
T 052 710 5220 E yblee@esein.co.kr |
Review on
whether discarding items subject to re-exportation without approval is a
violation of the Customs Act
A company, who had exported a high-voltage power transformer to the
Middle East several years ago, imported the equipment back under re-exportation
conditions for tax exemption, intending to repair it domestically and export
it back. However, as the equipment could not be repaired, the company and the
overseas buyer decided to dispose of the equipment.
During the process of obtaining approval for disposal, it was found out
that the equipment was already disposed without obtaining approval from the
customs office due to internal miscommunication. Consequently, the customs
office assessed duties on the equipment and accused the company of offense of
false reporting.
If the equipment were discarded after obtaining the approval, duty would
have been assessed on the disposed scrap metal rather than the original
equipment imported, resulting in far less duties. Hence, the company had to
bear a considerable amount of loss due to violations of procedural
requirements.
This case is worth noticing for not only companies that import goods
under the re-exportation duty exemption program but customs authorities that
grant such programs. While taxpayers should raise attention on duly
fulfilling the requirements and procedures of duty exemption programs,
customs authorities should also consider the need to implement additional
procedures and regulations, such as strengthening pre-clearance inspections,
to prevent importers from violating the requirements of such duty exemption
programs.
|
|
|
|
