You are here:
AsianLII >>
Databases >>
Laws of the Republic of Korea >>
CUSTOMS ACT
[Database Search]
[Name Search]
[Noteup]
[Help]
CUSTOMS ACT
CUSTOMS ACT
INTRODUCTION
Details of Enactment and Amendment
- Enactment: The Customs Act was enacted in 1949, and after being amended over more than 35 occasions, wholly amended in 2000, and
then partly amended in 2004 recently. This Act provides not only the regulatory details on the imposition and collection of customs,
but also the matters concerning the overall customs administrative details, such as the taxpayer s right and procedure for filing
objections, bonded area, clearance procedures, and punishment of customs criminals, etc.
- Amendment: The recent amendments of the Customs Act have been made in the year of 1998, 1999, 2000, 2002, 2003 and 2004, and such
amendments are meant to improve the bond systems in order to induce foreign investments, to simplify the appeal procedures against
the imposition of customs, to strengthen the guarantee of duty payer s right by enacting the Charter of Duty Payer??s Rights, to
establish the grounds for temporary emergency import restriction measures against China according to the joining of China in WTO,
to newly introduce the e-delivery system and the system of designation of e-document brokerage operator in order to implement e-government,
to restrict indiscreet shipping-in of personal effects by strengthening the requirements for the return of travelers?? personal effects
excessively carried in, to improve the way of screening bona fide duty payers, to improve and supplement the procedures for adjusting
some excess and deficiency, if any, in the paid amount of returned duties, to allow a private citizen to request the designation
of a general bonded area so as to promote the active utilization of such a general bonded area, and to adopt procedures for the refund
of customs for the purposes of attracting foreign tourists.
Main Contents
- The customs are imposed in principle based on the time of import declaration, but their tax rates are separately stipulated in the
Tariff Schedule: Provided, That the simple customs are imposed on personal effect, mail, and consignment. And, in case where the
anti-dumping duties (§51~§56), countervailing duties (§57~§62), retaliative tariffs (§63~§64), safeguards (§65~§67-2), special
emergency duties on farm and dairy product (§68), control tariffs (§69·§70), quota duties (§71), seasonal duties (§72), international
cooperation tariff (§73), convenience duties (§74·§75), or general preferential tariff (§76·§77) is imposed, the customs rates
as listed in the Tariff Schedule are applied after the required adjustments.
- The bond systems have been improved in order to induce foreign investments. A selected area is designated as a bonded area, and
by making it possible to comprehensively perform the functions of bonded warehouse, bonded factory, bonded exhibition facilities,
bonded construction site, and bonded stores within the general bonded areas, the occupying companies are to become capable of producing,
storing, selling and exhibiting goods and products under the conditions of foreign goods. Also, the renovation works, which have
been allowed only within the bonded area, are now allowed to be made outside of the bonded areas.
- The appeal procedure against the imposition of customs duties are adjusted so that the payers of customs duties are now given the
prompt reliefs to rights. Previously, in case where any person was dissatisfied with the imposition of customs duties, an administrative
litigation might be initiated only when going through the request for investigation and of trial; however, it has been amended that
such an administrative litigation may be initiated if one goes through only one of the said requests. In case where a customs collector
intends to collect, on account of any shortage in payment of customs duties, such an insufficient amount by means of revising the
amount of customs duties, he shall notify in advance the tax payer thereof. If the tax payer is dissatisfied with such a revision
of customs duties, he is entitled to request an investigation on the legitimacy of such duties. Furthermore, the period for requesting
a revision, in case where the tax amount returned and paid is excessive, has been extended to within 2 years from the date of first
tax return, from the previous period of one year.
- The Commissioner of the Korea Customs Service shall set forth the Charter of Taxpayers and publicly notify thereof, and if any customs
official investigates a case of offense against an evasion of customs duties, illegal reduction or exemption, and illegal refund,
or makes an investigation by visiting the taxpayer for a disposition of customs duties imposition, he shall deliver the Charter of
Taxpayers to the relevant taxpayer. If any taxpayer requests for an information required for exercising his rights, the customs official
shall provide it swiftly, and at the same time, every effort has been made for ensuring that no taxpayer shall be subject to any
disadvantages due to insufficient information, by providing the information of which the taxpayers are to become aware, along with
the information requested by them.
- The permit system for a temporary unloading of foreign goods on board the ships or aircraft and a cargo transfer, etc. between the
transport means has been converted into the report system, and the approval system for the cargo unloading by the vehicles gaining
access to the border and the transport of domestic goods by foreign trade ships or trade aircraft has also been converted into the
report system.
- The rapid clearance system has been introduced for the goods in the electronic commercial transactions, and the goods for which
a storage period has been expired are now allowed to be sold in the cybermalls.
- Emergency tariffs may be imposed in case where the increased import of the goods of a particular country causes disruption to the
domestic market or is seriously feared to cause disruption to the domestic market or where the goods of a particular country are
additionally imported to Korea following measures taken by other member nations of the World Trade Organization against the goods
of such particular country to relieve or prevent their damages.
- The head of a customhouse may make e-delivery by means of a computer. E-delivery shall be made only when any person entitled to
taking such delivery applies for such e-delivery and shall be deemed to be delivered when it is input in the computer designated
by the person entitled to taking the delivery. Any person who intends to run the business of brokerage of e-declaration using electronic
data-processing equipment shall get his intended business designated by the Commissioner of the Customs Service.
- The return of such travelers personal effects as determined by the Commissioner of the Customs Service shall be made according
to the methods and at the time as set by the Commissioner of the Customs Service.
- As for ship's stores and aircraft's stores, in case that they were consumed or used according to their use within the means of transport
they were not deemed as import formerly, from now on what is offered to the persons who passed through departure procedure or transit
shall not be deemed as import so that the food, etc offered to the passengers waiting for departure because of delay of aircraft
departure shall be exempt from customs duty.
- A bona fide duty payer may, at his request, be allowed to pay en bloc customs duties in all of which the time limits of payment
belong to the same month, by the end of the month to which the time limits of payment belong, instead of paying them according to
their respective time limit of payment.
- The imposition rate of a surcharge to be collected with respect to customs duties in arrears is reduced to 3/100 from the previous
5/100.
- Upon an application by an enterprise which has held the records of sincere duty payment and achieved a certain scale of imports
or larger, the head of a customhouse concerned may have the enterprise review its returned duty amount autonomously, instead of review
by the head of a customhouse, and then submit the results of review.
- When a person liable for duty payment finds that there exists any error in the paid amount of returned duties within three months
from the date of paying the returned duties or receives the notification of such error from the head of a customhouse, he may apply
to the head of a customhouse for a revision of the relevant duty amount. This Act also includes the matters concerning the imposition
of surcharge applicable to the cases where there exists any insufficient duty amount as a result of the duty amount revision.
- This Act prescribes that the scope of bonded areas subject to the restriction of the storage period of goods, whose import is declared,
shall be determined by the Commissioner of the Korea Customs Service, not by the Ordinance of the Ministry of Finance and Economy
which was provided for in the former Act, so as to ease the excessive piling-up of goods by flexibly designating and operating the
bonded areas located within airports or harbors.
- Previously, the Commissioner of the Korea Customs Service designated a certain area as a general bonded area, ex officio or upon
a request from the head of a relevant central administrative agency or the head of a relevant local government; however, it has been
amended that the persons entitled to make a request for such designation include a private citizen who intends to operate a general
bonded area.
- Where foreign tourists, etc. carry the goods purchased in a general bonded area out of the Republic of Korea, the customs duties,
internal taxes, etc. paid when they purchased the relevant goods may be refunded.
- Upon a request by the Minister of Agriculture and Forestry to ensure a demand and supply adjustment and a price stabilization in
domestic markets, the head of a customhouse may transfer the forfeited agricultural products, etc. to the Ministry of Agriculture
and Forestry.
CUSTOMS ACT
Wholly Amended by Act No. 6305, Dec. 29, 2000
Amended by Act No. 6705, Aug. 26, 2002
Act No. 6777, Dec. 18, 2002
Act No. 7009, Dec. 30, 2003
Act No. 7222, Oct. 5, 2004
Act No. 7581, Jul. 13, 2005
CHAPTER I GENERAL PROVISIONS
SECTION 1 Common Provisions
Article 1 (Purpose)
The purpose of this Act is to properly administer the imposition and collection of customs duties and customs clearance of goods exported
and imported and to secure revenues from customs duties with the aim of contributing to the development of the national economy.
Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1.The term import means the shipment of foreign goods into Korea (including any foreign goods shipped into Korea through any bonded
area in Korea) for consumption and use (including the consumption and use of foreign goods made in the process of transporting foreign
goods in Korea and excluding the consumption and use of foreign goods falling under each subparagraph of Article 239) in Korea;
2.The term export means the shipment of domestic goods out of Korea into foreign nations;
3.The term foreign goods means goods falling under any of the following items:
(a) Goods (including fish and marine life, etc. collected or caught by foreign fishing boats, etc. in the high seas) which arrive
in Korea from any foreign nation before an import declaration thereon under Article 241 (1) (hereinafter referred to as import declaration
) is accepted; and
(b) Goods whose export declaration under Article 241 (1) (hereinafter referred to as export declaration ) is accepted;
4.The term domestic goods means goods falling under each of the following items:
(a) Goods which are existent in Korea and non-foreign manufactured;
(b) Fish and marine animals, etc. collected or caught by Korean fishing boats in the high seas;
(c) Goods whose import declaration filed under Article 244 (1) prior to their arrival in the port of entry (hereinafter referred to
as import declaration prior to port entry ) is accepted;
(d) Goods shipped into Korea upon shipment approval before an import declaration under Article 252 is accepted; and
(e) Goods shipped into Korea on the immediate shipment declaration prior to filing the import declaration under Article 253 (1);
5.The term foreign trade vessel means the vessel sailing between Korea and foreign nations for international trade;
6.The term foreign trade aircraft means the aircraft flying between Korea and foreign nations for international trade;
7.The term domestic vessel means the vessel sailing exclusively within the territorial waters of Korea;
8.The term domestic aircraft means the aircraft flying exclusively in the territorial sky of Korea;
9.The term vessel supplies means leverages, foodstuff, fuel, consumables, wire ropes, spare parts used for repairs and components,
office fixtures and other similar goods which are used exclusively for vessels;
10.The term aircraft supplies means supplies which are corresponding to the vessel supplies and used exclusively for the relevant
aircraft;
11.The term vehicle supplies means supplies which are corresponding to the vessel supplies and used exclusively for the relevant
vehicle;
12.The term customs clearance means the act of exporting, importing or returning goods according to procedures prescribed by this
Act;
13.The term transshipment means the act of transshipping goods from any entering or incoming transportation means onto any departing
or outgoing transportation means in the jurisdictional area of the same customhouse; and
14.The term operator means the person falling under each of the following items:
(a) A person who has been granted a licence for establishing and operating a licensed bonded area under Article 174 (1); and
(b) A person who has filed a report on the establishment and operation of a general bonded workplace under Article 198 (1).
Article 3 (Priority Given to Collection of Customs Duties)
(1) The collection of customs duties on dutiable goods shall take precedence over the collection of taxes, public charges and claims
thereon.
(2) If customs duties are collected according to the example of collecting a national tax and the object of a disposition taken for
recovery of arrearages is a property, not dutiable goods, the same priority order shall be given to both the national tax under the
Framework Act on National Taxes and the customs duties.
Article 4 (Imposition and Collection of Internal Tax, etc.)
(1) If the provisions of the Framework Act on National Taxes, the National Tax Collection Act, the Value-Added Tax Act, the Special
Consumption Tax Act, the Liquor Tax Act, the Education Tax Act, the Traffic Tax Act, and the Act on Special Rural Development Tax
are in conflict with the provisions of this Act with respect to the imposition, collection, refund and write-off, etc. of the value-added
tax, the special consumption tax, the liquor tax, the education tax, the traffic tax and the special rural development tax (hereinafter
referred to as the internal tax, etc. , but the surcharge, additional duty and the cost of a disposition taken for recovery of arrearages
are included) which are imposed and collected by the head of a customhouse on imported goods, the provisions of this Act shall prevail.
(2) The provisions governing the imposition, collection and refund, etc. of customs duties of this Act shall apply to the imposition,
collection and refund, etc. of surcharge, additional duty and the cost of a disposition taken for recovery of arrearages under the
provisions of this Act.
SECTION 2 Principle of Applying Act
Article 5 (Criteria for Interpreting Act and Prohibition on Retroactive Imposition of Customs Duties)
(1) This Act shall be interpreted and applied in a manner that the property right of any duty payer is not unfairly infringed on in
the light of the equity of duty imposition and the basic objectives of the relevant provisions.
(2) Once an interpretation of this Act and the practices of the tariff administration are accepted by duty payers without any objection,
any act performed or any calculation made according to such interpretation and practices shall be deemed justifiable and no customs
duties shall be imposed retroactively according to any of new interpretation or new practices.
Article 6 (Good Faith and Sincerity)
Every duty payer shall fulfill his obligations in good faith and sincerity and every customs officer shall also perform his duties
in such a manner.
Article 7 (Discretionary Limits of Customs Officers)
Every customs officer shall, when he carries out his duties at his discretion, strictly adhere to the limits generally deemed reasonable
in the light of the equality of duty imposition and the objectives of this Act.
SECTION 3 Term and Time Limit
Article 8 (Calculation of Term and Time Limit)
(1) In the calculation of any term under the provisions of this Act, if approval is granted for shipping imported goods to the country
prior to the acceptance of an import declaration filed in accordance with Article 252, the date of approval shall be deemed the date
on which such import declaration is accepted.
(2) The calculation of any term under the provisions of this Act shall be governed by the Civil Act, except as especially provided
for in this Act.
(3) If the time limit fixed in the provisions of this Act falls under a holiday or a day prescribed by the Presidential Decree, the
next day shall be such time limit.
(4) If a breakdown, prescribed by the Presidential Decree, of electronic data-processing equipment described in Article 327 renders
impossible any declaration, application, approval, permission, acceptance, delivery, notice, notification and payment, etc. as prescribed
in this Act within a time limit set under the provisions of this Act, the day following the day on which such breakdown is repaired
shall be such time limit. <Amended by Act No. 6777, Dec. 18, 2002>
Article 9 (Duty Payment Time Limit)
(1)Except as otherwise provided for in this Act, the duty payment time limit shall be governed by the classification falling under
each of the following subparagraphs:
1.Where a duty return is filed in accordance with Article 38 (1): within 15 days from the day on which such duty return was received;
2.Where a duty payment notice is served in accordance with Article 39 (3): within 15 days from the day on which such notice was received;
and
3.Where a report on immediate shipment is filed before an import declaration is filed in accordance with Article 253 (1): within 15
days from the day on which such import declaration is filed.
(2)Any person liable for duty payment may pay his customs duties even before his import declaration is accepted, notwithstanding the
provisions of paragraph (1).
(3)When a bona fide duty payer equipped with the requirements fixed by the Commissioner of the Korea Customs Service in view of the
duty payment records files an application under the conditions as prescribed by the Presidential Decree, the head of any customhouse
may have the duty amount whose duty payment time limit belongs to the same month paid en bloc not later than the last day of the
month whereto the said time limit belongs, notwithstanding the provisions of paragraph (1) 1 and 3. <Newly Inserted by Act No.
7009, Dec. 30, 2003; Act No. 7222, Oct. 5, 2004>
Article 10 (Extension of Time Limit due to Force Majeure)
The head of any customhouse may, when it is deemed impossible to file a report, an application and a request, submit documents, serve
a notice, and make payment or collection in accordance with the provisions of this Act within a fixed time limit due to force majeure
and other grounds prescribed by the Presidential Decree, extend such time limit within a period not exceeding one year as prescribed
by the Presidential Decree.
SECTION 4 Service of Documents, etc.
Article 11 (Service of Duty Payment Notice)
(1)Any duty payment notice shall be served on any person liable for duty payment by means of someone or mail save when such notice
is served directly on such person liable for duty payment.
(2)The head of any customhouse may, when he is unable to serve a duty payment notice on a person liable for duty payment due to the
impossibility of identifying the domicile, residence, business place or office of such person, publish matters concerning such duty
payment notice on the bulletin board of his customhouse or in other proper place.
(3)When matters concerning a duty payment notice are published in accordance with paragraph (2), such notice shall be deemed to be
served on a person liable for duty payment upon the expiration of 14 days from the date of publication.
Article 12 (Period for Keeping Reporting Documents)
Any person who has filed a dutiable value return, a duty return, an export and import declaration, a report on bonded goods shipment,
a report on bonded transportation, or has submitted a cargo manifest shall keep the filed or submitted data for a period fixed by
the Presidential Decree within the limit of five years from the day on which such return, declaration, report, or submission has
been made. <Amended by Act No. 7222, Oct. 5, 2004>
SECTION 5 Tariff Deliberative Committee
Article 13 (Tariff Deliberative Committee)
(1)The Ministry of Finance and Economy shall establish a Tariff Deliberative Committee mandated to deliberate on key matters involving
the tariff policy under this Act.
(2)Necessary matters concerning the composition, function and operation of the Tariff Deliberative Committee shall be prescribed by
the Presidential Decree.
CHAPTER II DUTIABLE VALUE AND IMPOSITIONAND COLLECTION OF CUSTOMS DUTIES
SECTION 1 Common Provisions
Article 14 (Dutiable Goods)
Customs duties shall be imposed on imported goods.
Article 15 (Duty Base)
The duty base for customs duties shall be determined based on the price or quantity of imported goods.
Article 16 (Time for Determining Dutiable Goods)
Customs duties shall be levied on imported goods according to their quality and quantity when an import declaration (including any
import declaration prior to port entry; hereafter the same in this Article shall apply) is filed: Provided, That customs duties shall
be imposed on imported goods falling under each of the following subparagraphs according to their quality and quantity at the time
prescribed each in the following subparagraphs:
1.Goods whose customs duties are collected in accordance with Article 143 (4) (including a case where the provisions are applied mutatis
mutandis in Article 151 (2)): When permission is granted for loading and unloading imported goods;
2.Goods whose customs duties are collected in accordance with Article 158 (5): When approval is granted for repair work outside a
bonded area;
3.Goods whose customs duties are collected in accordance with Article 160 (2): When relevant goods are destroyed or lost, or disposed
of;
4.Goods whose customs duties are collected in accordance with Article 187 (6) (including a case where the provisions are applied mutatis
mutandis in Articles 195 (2) and 202 (3)): When permission is granted or a report is filed with respect to the work of a bonded factory,
the work of a bonded construction work site or the work of a general bonded area;
5.Goods whose customs duties are collected in accordance with Article 217: When a report is filed or approval is granted with respect
to bonded transportation;
6.Goods consumed or used before an import declaration is accepted (excluding any goods whose consumption or use is not deemed import
under Article 239): When relevant goods are consumed or used;
7.Goods that are shipped out after an immediate shipment report is filed prior to filing an import declaration in accordance with
Article 253 (1): When an immediate shipment report is filed prior to filing an import declaration;
8.Goods imported by mail: When the relevant goods arrive in a clearance post office (hereinafter referred to as clearance post office
) in accordance with Article 256;
9.Stolen goods or missing goods: When the relevant goods are stolen or missing;
10.Goods sold in accordance with the provisions of this Act: When the relevant goods are sold; and
11.Goods imported without filing an import declaration thereon (excluding goods of subparagraphs 1 through 10): When the relevant
goods are imported.
Article 17 (Application of Acts and Subordinate Statutes)
Customs duties shall be levied on imported goods in accordance with Acts and subordinate statutes in force at the time that an import
declaration thereon is filed: Provided, That with respect to imported goods falling under each of the following subparagraph, customs
duties shall be levied on them in accordance with Acts and subordinate statutes in force on the day falling under each of the following
subparagraphs:
1.Goods falling under each subparagraph of Article 16: The day on which the fact accrues; and
2.Foreign goods shipped into a bonded construction work site in accordance with Article 192: The day on which an import declaration
is accepted before such foreign goods are used.
Article 18 (Foreign Exchange Applicable to Assessment)
If a price indicated in a foreign currency is converted into the domestic currency to determine a dutiable value, the Commissioner
of the Korea Customs Service shall determine a rate thereof calculated by averaging foreign exchange rates of the week preceeding
the week to which the day fixed under Article 17 (referring to the day on which an import declaration is filed in case of goods shipped
into a bonded construction work site) belongs.
Article 19 (Person Liable for Duty Payment)
(1) Any person falling under each of the following subparagraphs shall be liable for duty payment:
1.The owner of goods, on which he files an import declaration (referring to any person falling under each of the following items if
such owner is unidentifiable; hereafter the same in this Article shall apply): Provided, That if customs duties paid or to be paid
on goods whose import declaration is accepted or on goods shipped out upon shipment approval granted before an import declaration
is accepted fall short of the amount of customs duties payable, and the domicile and residence of the owner of such goods are unidentifiable
or a person acting on behalf of such owner in filing an import declaration fails to identify such owner, both the person acting on
behalf of the owner in filing the import declaration and the owner shall jointly pay the customs duties in question:
(a) If an import firm imports goods for a customer, such customer;
(b) If goods are not imported by an import firm for a customer, a consignee entered in a commercial document prescribed by the Presidential
Decree; and
(c) If imported goods are transferred before an import declaration is filed, a transferee;
2.With respect to goods whose customs duties are collected in accordance with Article 143 (4) (including a case where the provisions
are applied mutatis mutandis in Article 151 (2)), a person who is granted permission for loading and unloading such goods;
3.With respect to goods whose customs duties are collected in accordance with Article 158 (5), a person who is granted approval for
a repair work outside a bonded area;
4.With respect to goods whose customs duties are collected in accordance with Article 160 (2), an operator or a custodian;
5.With respect to goods whose customs duties are collected in accordance with Article 187 (6) (including a case where the provisions
are applied mutatis mutandis in Article 195 (2) or 202 (3)), a person who is granted permission for or files report on a work outside
a bonded factory, a work outside a bonded construction work site or a work outside a general bonded area;
6.With respect to goods whose customs duties are collected in accordance with Article 217, a person who files a report on or is granted
approval for bonded transportation;
7.With respect to goods not falling under the goods whose consumption or use is not deemed import in accordance with Article 239,
their consumer or user;
8.With respect to goods whose customs duties are collected in accordance with Article 253, a person who promptly ships out such goods;
9.With respect to goods imported by mail, their addressee;
10.With respect to stolen goods or missing goods, a person falling under each of the following items:
(a) Goods stored in a bonded area: An operator or a cargo manager described in Article 172 (2) (hereinafter referred to as cargo
manager );
(b) Goods for bonded transportation: A person who files a report on or is granted approval for bonded transportation; and
(c) Other goods: A custodian or a handler;
11.A person who is otherwise prescribed as a person liable for duty payment under this Act or other Acts; and
12.With respect to goods not falling under subparagraphs 1 through 11, an owner or an occupant.
(2) If the owner or the reporter described in paragraph (1) 1 overlaps in existence with the person each described in paragraph (1)
2 through 11, the person each described in paragraph (1) 2 through 11 shall be a person liable for duty payment.
(3) Any person who has guaranteed the payment of customs duties under this Act or other Acts and subordinate statutes or a treaty
or a convention, etc. shall be liable to pay such customs duties within the limit of a guaranteed amount.
(4) The provisions of Articles 38 through 41 of the Framework Act on National Taxes shall apply mutatis mutandis to the collection
of customs duties.
(5) Any secondary person liable for duty payment under the provisions of Articles 38 through 41 of the Framework Act on National Taxes
that are applied mutatis mutandis under paragraph (4) shall, if no security is offered for the payment of customs duties and a person
liable for duty payment and other person who has guaranteed the payment of customs duties fail to fulfill their liability for paying
customs duties, bear the liability to pay the customs duties in question.
(6) If any person liable for duty payment (including any person who guarantees the payment of customs duties and any secondary person
liable for duty payment; hereafter the same in this Article shall apply) defaults in paying customs duties, a surcharge, an additional
duty or the cost of a disposition taken for recovery of arrearages, but holds a transfer-secured property described in Article 42
(2) of the Framework Act on National Taxes, his transfer-secured property may be used to pay such customs duties, surcharge, additional
duty or the cost of a disposition taken for recovery of arrearages through the mutatis mutandis application of the provisions of
Article 13 of the National Tax Collection Act only in case that proceeds from the disposal of other property of the person liable
for duty payment fall short of the amount of such customs duties to be collected: Provided, That the same shall not apply to any
transfer-secured property that is used as the object of security prior to the day on which a duty return was filed (referring to
the day on which a duty payment notice is sent out in case that an imposition notice is served in accordance with Article 39).
SECTION 2 ExtinguishmentofDutyPayment Liability
Article 20 (Extinguishment of Duty Payment Liability)
The liability for paying customs duties, a surcharge or the cost of a disposition taken for recovery of arrearages shall be extinguished
when such liability falls under each of the following subparagraphs:
1.When customs duties are paid or any property is appropriate for customs duties;
2.When the imposition of customs duties is cancelled;
3.When customs duties are not imposed within a period during which such customs duties are to be levied in accordance with Article
21 and such period expires; and
4.The extinctive prescription for the authority to collect customs duties under Article 22 expires.
Article 21 (Limitation Period for Imposing Customs Duties)
(1) Any customs duties shall not be levied after the expiration of two years from the day on which the relevant customs duties were
due to be imposed: Provided, That in the case falling under each of the following subparagraphs, the customs duties shall not be
levied after the expiration of five years from the day on which the relevant customs duties were due to be levied:
1.Where customs duties are evaded or refunded in a fraudulent and unfair manner; and
2.Where the amount of customs duties payable comes short due to the failure to file a dutiable value return in contravention of Article
27 (1) or to file fully a dutiable value return.
(2) In the case falling under each of the following subparagraphs, notwithstanding the provisions of paragraph (1), prior to the expiration
of one year from the day on which a decision or a judgment was made final and conclusive, a correctional decision or other necessary
disposition may be made or taken according to the relevant decision or judgment:
1.Where a decision is made on an objection raised, or an examination request or an abjudication request filed under the provisions
of the Section 2 of Chapter V (Articles 119 through 132);
2.Where a decision is made on an examination request filed under the Board of Audit and Inspection Act;
3.Where a ruling is handed down on a litigation instituted under the Administrative Litigation Act; and
4.Where a decision is made to return seized goods under Article 313.
(3) The date on which any customs duties may be levied in accordance with paragraph (1) shall be determined by the Presidential Decree.
Article 22 (Extinctive Prescription of Authority to Collect Customs Duties)
(1) If the authority to collect customs duties has not been exercised for five years from the day on which such authority was granted,
the extinctive prescription of such authority shall expire.
(2) If the right to request the refund of any customs duties paid by mistake by a duty payer and other customs duties has not been
exercised for three years from the day on which the right was granted, the extinctive prescription of such right shall expire. <Amended
by Act No. 7581, Jul. 13, 2005>
(3) The date on which the authority to collect duties and the right to request the refund of any customs duties paid by mistake or
other customs duties under paragraphs (1) and (2) may be exercised shall be determined by the Presidential Decree.
Article 23 (Suspension and Discontinuation of Prescription)
(1) The extinctive prescription of the authority to collect customs duties shall suspend on the grounds falling under each of the
following subparagraphs:
1.A duty payment notice;
2.An administrative disposition;
3.A demand notice on duty payment (including a peremptory duty payment notice);
4.A disposition taken for serving a notice;
5.A complaint filed;
6.A public prosecution instituted in accordance with Article 16 of the Act on the Aggravated Punishment, etc. of Specific Crimes;
7.A request filed for delivery; and
8.A seizure.
(2) The extinctive prescription of the right to request any refund of customs duties paid shall be suspended by the exercise of the
right to request such refund.
(3) The extinctive prescription of the authority to collect customs duties shall not progress during the period of paying customs
duties in installments or the grace period of collecting customs duties.
(4) The provisions of the Civil Act shall apply mutatis mutandis to the extinctive prescription of the authority to collect customs
duties and the right to request any refund, except as otherwise provided for in this Act.
SECTION 3 SecurityforPaymentofCustoms Duties
Article 24 (Kinds of Security, etc.)
(1) Kinds of security offered under the provisions of this Act shall be as follows: <Amended by Act No. 6705, Aug. 26, 2002; Act
No. 6777, Dec. 18, 2002>
1.Money;
2.Bonds and securities issued by the State or local governments;
3.Written payment guarantees given by banks;
4.Securities prescribed by the Presidential Decree from securities listed on the Korea Stock Exchange;
5.Guarantee insurance policies of the payment of customs duties;
6.Letters of guarantee issued by the Credit Guarantee Fund established under the Credit Guarantee Fund Act or any credit guarantee
foundation established under the Regional Credit Guarantee Foundation Act;
7.Letters of guarantee issued by the Technology Credit Guarantee Fund established pursuant to the Financial Assistance to New Technology
Businesses Act;
8.Real estate;
9.Vessels, aircraft and construction machinery which are registered or entered in the register and insured;
10.Letters of guarantee given by guarantors prescribed by the Presidential Decree; and
11.Promissory notes issued or guaranteed by persons recognized by the Commissioner of the Korea Customs Service.
(2) The letters of guarantee and securities referred to in paragraph (1) 3 and 5 through 7 shall carry a content assuring that specific
persons, upon a request from the head of any customhouse, pay, whenever necessary, the amount payable to the head of such customhouse
after the expiration of a certain period of time.
(3) Necessary matters concerning the pledging of security referred to in paragraph (1) shall be determined by the Presidential Decree.
(4) Any person liable for duty payment (including any person who guarantees such duty payment) may, when the grounds occur that require
him to keep his security offered under the provisions of this Act, offer his security in the block to the head of any customhouse
beforehand for a period of certain time as prescribed by the Commissioner of the Korea Customs Service. <Amended by Act No. 6777,
Dec. 18, 2002>
Article 25 (Appropriation of Security for Customs Duties)
(1) The head of any customhouse may, if a person liable for duty payment who has offered security fails to pay the relevant customs
duties within a time limit fixed for the payment of such customs duties, appropriate such security for the customs duties payable
as prescribed by the Ordinance of the Ministry of Finance and Economy. In this case, when the money offered as security is appropriated
to the relevant customs duties, the provisions of Article 41 shall not be applied even if the appropriation is made after the expiration
of such time limit fixed for the payment of such customs duties.
(2) The head of any customhouse shall, if any balance accrues from the appropriation of security for customs duties in accordance
with paragraph (1), pay such balance to a person who has offered such security. The head of the customhouse may, if he is unable
to pay such balance, deposit the balance.
(3) If a person who is not liable for duty payment has offered security, the head of any customhouse shall appropriate such security
to the relevant customs duties and pay any balance accruing from the appropriation of such security directly to the person who has
offered the security.
Article 26 (Collection of Customs Duties in Case of Lack of Security)
(1) If no security is offered for customs duties or a collected amount falls short of the customs duties payable, the collection of
such customs duties shall be dealt with according to the examples of the Framework Act on National Taxes and the National Tax Collection
Act, except as otherwise provided for in the provisions of this Act.
(2) The head of any customhouse may, if he takes a disposition to collect customs duties in arrears, collect the cost of a disposition
taken for recovery of arrearages, which is equivalent to the cost involved in seizure, custody, transportation and auction of property.
SECTION 4 ReturnandDeterminationof Dutiable Value
Sub-Section 1 Dutiable Value Return, etc.
Article 27 (Dutiable Value Return)
(1) Any person liable for duty payment shall, when he files an import declaration, file with the head of a customhouse a dutiable
value return on the relevant goods (hereinafter referred to as dutiable value return ) as prescribed by the Presidential Decree:
Provided, That if it is deemed necessary to facilitate the efficiency of customs clearance, a dutiable value return may be filed
before an import declaration is filed as prescribed by the Presidential Decree.
(2) Where a dutiable value return is filed, data necessary to determine a dutiable value (hereinafter referred to as duty data )
shall be furnished as prescribed by the Presidential Decree.
(3) With respect to goods deemed by the Ordinance of the Ministry of Finance and Economy as clear to determine its dutiable value,
a dutiable value return may be omitted.
Article 28 (Return of Provisional Dutiable Value)
(1) In filing a dutiable value return, any person liable for duty payment may, where a dutiable value to be returned is not determined,
file a provisional dutiable value return as prescribed by the Presidential Decree. In this case, the method of filing the return
and other necessary matters shall be prescribed by the Presidential Decree.
(2) If any person liable for duty payment files a provisional dutiable value return in accordance with paragraph (1), he shall file
a final dutiable value return of his goods within a period fixed by the Presidential Decree.
(3) The head of any customhouse shall, upon receiving a provisional dutiable value return filed under paragraph (2), additionally
collect or refund any difference between the amount of customs duties paid based on a provisional dutiable value return and the amount
of customs duties paid based on a final dutiable value return.
Article 29 (Report of Dutiable Value Examination)
The Minister of Finance and Economy or the Commissioner of the Korea Customs Service may, when it is deemed necessary to determine
dutiable values, request exporters, importers, economic organizations and other persons concerned to furnish data necessary to determine
such dutiable values. In this case, such exporters, importers, economic organizations and persons concerned shall, upon receiving
such request, comply with the request unless justifiable grounds exist that make it impossible for them to do so.
Sub-Section 2 Determination of Dutiable Value
Article 30 (Principle of Determining Dutiable Value)
(1) The dutiable value of imported goods shall be the transaction price adjusted by adding the amount falling under each of the following
subparagraphs to the price paid or to be paid actually by a buyer of goods sold to be exported to Korea: Provided, That the addition
of the amount falling under each of the following subparagraphs shall be made based on objective and quantifiable data and if such
data are unavailable, the dutiable value shall be determined using the methods of Articles 31 through 35 instead of using the methods
of the provisions of this Act:
1.Commission and brokerage borne by a buyer: Provided, That any purchase commission shall be excluded;
2.Cost involved in containers handled just like the relevant goods, labor cost and material cost involved in packing the relevant
goods, which are all borne by a buyer;
3.When a buyer supplies, directly or indirectly, goods and services prescribed by the Presidential Decree, free of charge or at a
reduced price, for production of the relevant goods and export transaction thereof, the price or a difference accruing from the reduced
price;
4.The amount, computed under the Presidential Decree, which is paid for using a patent right, a utility model right, a design right,
a trademark right and other rights similar to them;
5.The amount, from among revenues resulting from resale, disposal or use of the relevant imported goods, which reverts, directly or
indirectly, to a seller; and
6.The amount, determined under the Presidential Decree, of freight, insurance bill and other cost involved in transportation to the
port of entry: Provided, That for goods prescribed in the Ordinance of the Ministry of Finance and Economy, the whole or part of
such amount may be excluded .
(2) The term the price paid or to be paid actually by a buyer in the main sentence of paragraph (1) means a total amount paid or
to be paid by such buyer for the price of the relevant imported goods, and such total amount shall include the amount offsetting
the debt of a seller by the price of the relevant imported goods, the amount repaying the debt of a seller by a buyer and other indirect
payments: Provided, That when the amount falling under each of the following subparagraphs is clearly distinguishable from the total
amount paid or to be paid by a buyer, it means an amount resulting from the deduction of such amount:
1.Cost involved in construction, installation, assembly, repair and maintenance of the relevant imported goods, which are undertaken
after their import or cost necessary for technical support for the relevant imported goods;
2.Charges and insurance bill necessary for transporting the relevant imported goods after their arrival in the port of entry and other
cost involved in their transportation;
3.Customs duties and public charges levied on the relevant imported goods in Korea; and
4.If the relevant goods are imported on a deferred payment basis, the interest on such deferred payment.
(3) In the case falling under each of the following subparagraphs, the dutiable value of the relevant imported goods shall not be
the transaction price under paragraph (1), but such dutiable value shall be determined using methods described in the provisions
of Articles 31 through 35:
1.Where the disposal or use of the relevant goods is limited: Provided, That the same shall not apply to the case prescribed by the
Presidential Decree;
2.Where the effectuation of transaction or the determination of price of the relevant goods is affected by conditions or circumstances
which cannot be counted in terms of money;
3.Where part of revenues accruing from a resale, a disposal or use of the relevant goods after their import reverts, directly or indirectly,
to a seller: Provided, That the same shall not apply to a case where a proper adjustment can be made in accordance with paragraph
(1); and
4.Where a special relationship between a buyer and a seller prescribed by the Presidential Decree (hereinafter referred to as special
relationship ) affects the price of the relevant goods.
(4) In the event that a person liable for duty payment files a dutiable value return based on a transaction price described in paragraph
(1) and the relevant returned dutiable value is found to be greatly different from a dutiable value based on the transaction price
of other goods of the same kind and quality or similar goods, making it difficult to recognize such returned dutiable value as dutiable
value, and in the event that the Presidential Decree prescribes, the head of any customhouse may request such person liable for duty
payment to furnish data attesting that the relevant returned dutiable value is the same as the fact under the conditions as prescribed
by the Presidential Decree.
(5) The head of any customhouse shall, if a person liable for duty payment fails to furnish the data requested under paragraph (4)
or the data furnished by such person make it difficult to recognize his returned dutiable value as a dutiable value for him, determine
a dutiable value for him using the methods under Articles 31 through 35, instead of determining such dutiable value using the methods
under paragraphs (1) and (2). In this case, the head of the customhouse shall notify the relevant person liable for duty payment
of the grounds for refusing to recognize his returned dutiable value and details of how a dutiable value is determined for him.
Article 31 (Determination of Dutiable Value Based on Transaction Price of Goods of Same Kind and Quality)
(1) If it is impossible to determine a dutiable value of any imported goods using the method under Article 30, a dutiable value shall
be determined based on the transaction price, determined as a dutiable value in the past, of other goods of the same kind and quality,
which meets requirements falling under each of the following subparagraph:
1.Other goods of the same kind and quality are required to be produced in the nation of the relevant goods whose transaction price
is to be determined as a dutiable value and required to be loaded on the same day on which the relevant goods are loaded or to be
loaded for shipment to Korea during a period for which no change takes place in market conditions or commercial practices that affect
prices, before and after the day on which the relevant goods are loaded; and
2.The transaction channel, transaction quantity, shipping distance and shipping style, etc. of other goods of the same kind and quality
are required to be the same as those of the relevant goods. If there is any difference between the two goods, a price adjusted by
such difference shall be a transaction price.
(2) In the application of the provisions of paragraph (1), if there are not less than two transaction prices of other goods of the
same kind and quality, a dutiable value shall be determined based on the price of goods that are most similar to the relevant goods
in producer, transaction time, transaction channel and transaction quantity (hereinafter referred to as transaction substances,
etc. ) and if there are not less than two goods with the same transaction substances, etc. and they carry not less than two prices,
a dutiable value shall be determined based on the lowest one.
Article 32 (Determination of Dutiable Value Based on Transaction Price of Similar Goods)
(1) If it is impossible to determine a dutiable value of any imported goods using the methods under Articles 30 and 31, a dutiable
value shall be determined based on the transaction price, determined as a dutiable value in the past, of similar goods, which meets
the requirements of each subparagraph of Article 31 (1).
(2) In the application of the provisions of paragraph (1), if the similar goods carry not less than two transaction prices, a dutiable
value shall be determined based on the transaction price of the similar goods that are most similar to the relevant goods in the
transaction substances, etc. and if there are not less than two goods with the same transaction substances, etc. and they carry not
less than two prices, a dutiable value shall be determined based on the lowest price.
Article 33 (Determination of Dutiable Value Based on Domestic Sale Price)
(1) If it is impossible to determine a dutiable value of any imported goods using methods under Articles 30 through 32, a price obtained
by deducting the amount of the following subparagraphs 2 through 4 from the amount of the following subparagraph 1 shall be a dutiable
value: Provided, That if there is a request from a person liable for duty payment, a dutiable value may be determined according to
the provisions of Article 34:
1.An amount computed based on the unit price of goods sold in Korea in the largest quantity to a person with no special relationship
from among the relevant goods, the goods of the same kind and quality or similar goods which are put on market under the same conditions
as imported on the day on which an import declaration is filed with respect to the relevant goods or nearly at the same time when
an import declaration is filed with respect to the relevant goods;
2.An amount equivalent to a commission usually paid or payable under an agreement in connection with the domestic sales of goods,
or profit or general expenses accruing usually from the domestic sales of the goods of the same kind and quality;
3.Usual charges, insurance bill and other related expenses that accrue in Korea after the arrival of imported goods at the port of
entry; and
4.Taxes and public charges paid or payable in connection with the import of the relevant goods and their domestic sales.
(2) If there is no precedent that the relevant goods, the goods of the same kind and quality, similar goods are put on domestic market
under the same conditions as imported and there is a request from a person liable for duty payment, a price obtained by deducting
the amount falling under each of the following subparagraphs from the amount computed based on the unit price of domestically processed
goods sold in the largest quantity to a person with no special relationship shall be a dutiable value:
1.The amount of paragraph (1) 2 through 4; and
2.Added value resulting from domestic processing.
Article 34 (Determination of Dutiable Value Based on Calculated Price)
If it is impossible to determine a dutiable value of any imported goods using the methods under Articles 30 through 33, such dutiable
value shall be determined based on a price combined with the amount falling under each of the following subparagraphs:
1.The cost of raw materials used to produce the relevant goods, and the expenses necessary for assembling and processing the relevant
goods or their price;
2.An amount equivalent to general expenses and profit usually accruing from the sale of the relevant goods manufactured by a maker
in an exporting nation for their export to Korea or the goods of the same kind and quality; and
3.An amount, determined under Article 30 (1) 6, as freight, insurance bill and other transportation cost of the relevant goods to
the port of entry.
Article 35 (Determination of Dutiable Value Based on Reasonable Criteria)
If it is impossible to determine a dutiable value of any imported goods using the methods under Articles 30 through 34, such dutiable
value shall be determined based on a reasonable criteria in conformity with the principles of Articles 30 through 34 under the conditions
as prescribed by the Presidential Decree.
Article 36 (Notice of Method of Determining Dutiable Value)
The head of any customhouse shall, upon receiving a written request from any person liable for duty payment, notify in writing such
person liable for duty payment of the method used to determine a dutiable value, a determined dutiable value and a calculation basis
thereof.
Article 37 (Prior Examination of Dutiable Value)
(1) Any person liable to file a duty return in accordance with Article 38 (1) may, when he has any question about matters falling
under each of the following subparagraphs, which are the basis for determining a dutiable value, file with the Commissioner of the
Korea Customs Service or the head of any customhouse an application, appended with documents prescribed by the Presidential Decree,
for examining his dutiable value beforehand before he files his dutiable value return:
1.The amount described in each subparagraph of Article 30 (1) or the amount that has to be added or deducted in the calculation of
the price a buyer has actually paid or has to pay for imported goods in accordance with paragraph (2) of the same Article;
2.Whether the requirements of each subparagraph of Article 30 (3) are satisfied; and
3.Other important matters, prescribed by the Presidential Decree, which are the basis of determining any dutiable value.
(2) The Commissioner of the Korea Customs Service or the head of any customhouse shall, upon receiving an application referred to
in paragraph (1), examine such application and delivery a written prior examination statement on dutiable value (hereinafter referred
to as written prior examination statement ) to the applicant within one month from the date of application.
(3) In the event that a person liable for duty payment files a duty return based on a written prior examination statement under Article
38 (1), if such person and the applicant referred to in paragraph (1) are one and the same person, and goods on which an import declaration
is filed and the dutiable value return thereon are deemed identical in contents of the written prior examination statement to each
other, the head of any customhouse shall determine a dutiable value for him according to contents of the written prior examination
statement unless the special grounds prescribed by the Presidential Decree exist that make it impossible for him to do so.
SECTION 5 Impositionand Collection of Customs Duties
Sub-Section 1 Final Decisionon Amountof Customs Duties
Article 38 (Payment of Customs Duties by Self-Return)
(1) Any person who intends to import goods (excluding any goods whose customs duties are imposed and collected by the head of any
customhouse in accordance with Article 39) shall file a duty payment return (hereinafter referred to as duty return ) with the head
of any customhouse when he files an import declaration. <Amended by Act No. 7009, Dec. 30, 2003>
(2) The head of any customhouse shall, upon receiving a duty return, examine matters entered in an import declaration and other matters
required by the provisions of this Act to be confirmed, but he shall examine the returned duty amount after receiving an import declaration:
Provided, That if it is difficult to secure a duty claim on the returned duty amount and in case of goods that are recognized by
the Ordinance of the Ministry of Finance and Economy as inappropriate to examine the amount of customs duties after receiving an
import declaration, the amount of customs duties shall be examined before an import declaration is accepted.
(3) When a person equipped with the requirements fixed by the Commissioner of the Korea Customs Service in view of the duty payment
records and scale of imports files an application, the head of any customhouse may have the returned duty amount reviewed autonomously
(hereinafter referred to as the autonomous review ) notwithstanding the provisions of the main sentence of paragraph (2). In this
case, the relevant person liable for duty payment shall submit the result of autonomous review to the head of any customhouse. <Amended
by Act No. 7009, Dec. 30, 2003>
(4) When a person liable for duty payment finds before a payment of the returned duty amount that there exist some excess and deficiency
in the relevant duty amount, he may amend the returned duty amount. In this case, the payment time limit shall be the original payment
time limit (referring to the payment time limit as referred to in Article 9). <Amended by Act No. 7009, Dec. 30, 2003>
(5) Necessary matters, such as the methods and procedures, etc. in regard to the duty return, autonomous review and amendment of duty
amount as referred to in paragraph (4), shall be prescribed by the Presidential Decree. <Amended by Act No. 7009, Dec. 30, 2003>
(6) Deleted. <by Act No. 7009, Dec. 30, 2003>
Article 38-2 (Revision)
(1) When a person liable for duty payment has found that there exists some excess and deficiency in the paid amount of returned duties,
or any errors in the dutiable values forming a basis for duty computation or the item classifications etc., he may apply to the head
of any customhouse for a revision of the relevant duty amount under the conditions as prescribed by the Presidential Decree within
three months from the date of paying returned duties (hereinafter referred to as the revision period ).
(2)When the head of any customhouse has found that there exists some excess and deficiency in the paid amount of returned duties,
or any errors in the dutiable values forming a basis for duty computation or the item classifications, etc., he may notify the person
liable for duty payment to make an application for revisions during the relevant revision period under the conditions as prescribed
by the Presidential Decree. In this case, the person liable for duty payment who intends to make an application for duty amount revisions
shall file an application with the head of any customhouse under the conditions as prescribed by the Presidential Decree.
(3)No review as referred to in Article 38 (2) and (3) shall be made on the duty amount revised pursuant to paragraphs (1) and (2):
Provided, That the same shall not apply to the cases as prescribed by the Presidential Decree, such as a submission of data by falsity
or other illegal means or the cases of apparent omissions of duty amount.
(4)Where a person liable for duty payment has made an application for a duty amount revision on the shortage of duty amount as referred
to in paragraph (1) and the latter part of paragraph (2), he shall pay the relevant duty not later than the day next to that on which
the relevant application for revision has been made.
(5)When there exists a shortage of duty amount as a result of the duty amount revisions in accordance with an application as referred
to in paragraph (1) and the latter part of paragraph (2), the head of a customhouse shall collect the relevant shortage of duty amount
by adding the amount computed by applying the interest rate as prescribed by the Presidential Decree taking account of the period
from the day next to the payment time limit to the day on which the shortage of duty amount has been paid, and the interest rate
applied to time deposits of the financial institutions: Provided, That the same shall not apply to the goods from which no surcharge
or increased surcharge is collected as referred to in Article 41 (4). <Amended by Act No. 7222, Oct. 5, 2004>
[This Article Newly Inserted by Act No. 7009, Dec. 30, 2003]
Article 38-3 (Correction and Rectification)
(1)When there exists any deficiency in the paid amount of returned duties, a person liable for duty payment may file a report on correction
(limited to the time after an elapse of revision period) under the conditions as prescribed by the Presidential Decree. In this case,
a person liable for duty payment shall pay the relevant duty not later than the day next to that of reporting on corrections.
(2) When a person liable for duty payment has found that the paid amount of returned duties is excessive (limited to the time after
an elapse of revision period), he may file an application for rectification of returned duty amount, within two years from the date
on which the first duty return has been made, under the conditions as prescribed by the Presidential Decree. In this case, the head
of any customhouse in receipt of application for the rectification shall either rectify the duty amount or notify the applicant that
there exists no reason for making rectifications, within two months from the date of receiving the said application.
(3) When the head of any customhouse has found that there exist some excess and deficiency as a result of reviewing the paid amount
of returned duties, the amount of duty return, or the duty amount applied for rectification under paragraph (2) from a person liable
for duty payment, he shall rectify the said duty amounts under the conditions as prescribed by the Presidential Decree.
[This Article Newly Inserted by Act No. 7009, Dec. 30, 2003]
Article 39 (Duty Imposition Notice)
(1) In the case falling under each of the following subparagraphs, the head of any customhouse shall impose and collect customs duties
notwithstanding the provisions of Article 38:
1.Where customs duties are collected for falling under subparagraphs 1 through 6 and 8 through 11 of Article 16;
2.Where facilities installed in a bonded construction work cite are put into operation before an import declaration thereon is accepted
under Article 248;
3.Where goods which were shipped into a bonded area are shipped out of such bonded area (including any place other than a bonded area
that is permitted to store goods under Article 156 (1)) before an import declaration is accepted under Article 248;
4.Where a person liable for duty payment asks for an imposition notice because of his difficulty in deciding on a dutiable value and
a tariff rate, etc. on the grounds prescribed by the Commissioner of the Korea Customs Service;
5.Where customs duties are collected on the immediately shipped goods under Article 253 because of the failure to file an import declaration
within a period fixed under paragraph (3) of the same Article; and
6.Where any duty return filed under Article 38 is prescribed as inappropriate by the Ordinance of the Ministry of Finance and Economy.
(2) The head of any customhouse shall, when he finds that any collected customs duties come short due to an error in the application
of the regulations governing the duty base, tariff rate and the reduction or exemption of customs duties, etc. and other grounds,
collect the shortage thereof.
(3) The head of any customhouse shall, when he intends to collect customs duties in accordance with paragraphs (1) and (2), serve
a duty payment notice on any person liable for duty payment under the conditions as prescribed by the Presidential Decree.
Article 40 (Minimum Amount of Collectable Duty)
The head of any customhouse shall not, if the amount of customs duties that has to be paid by a person liable for duty payment falls
short of the amount prescribed by the Presidential Decree, collect such customs duties.
Article 41 (Surcharge)
(1) If customs duties are not fully paid by a fixed time limit, a surcharge equivalent to 3/100 of such customs duties in arrears
shall be collected from the day on which such fixed time limit expires. <Amended by Act No. 7009, Dec. 30, 2003>
(2) If customs duties in arrears are not paid, a surcharge equivalent to 12/1,000 of such customs duties in arrears plus the surcharge
under paragraph (1) (hereinafter referred to as increased surcharge ) shall be collected every time when one month elapses from
the day on which the payment time limit expires. In this case, the period for which the increased surcharge is additionally collected
shall not exceed 60 months.
(3) If the amount of customs duties in arrears (including any internal tax collected by the head of a customhouse) is less than 500,000
won, the provisions of paragraph (2) shall not apply to such case.
(4) The provisions of paragraphs (1) through (3) shall not apply to any goods imported directly by the State or local governments
and other goods prescribed by the Presidential Decree.
Article 42 (Additional Duty)
(1) The head of any customhouse shall, when he collects customs duties whose amount comes short under Article 38-3 (1) or (3), collect
an amount prescribed by the Presidential Decree as an additional duty within the limit of 20/100 of the relevant shortage: Provided,
That the same shall not apply to a case where a duty return is filed based on a provisional dutiable value return and customs duties
are paid according to such duty return and other case prescribed by the Presidential Decree. <Amended by Act No. 7009, Dec. 30,
2003>
(2) The head of any customhouse shall, when a person liable for duty payment has made a return on correction in accordance with Article
38-3 (1) within three months after an elapse of revision period, collect only 50/100 of the amount of the additional duty referred
to in paragraph (1): Provided, That the same shall not apply to a case where any person liable for duty payment files an amended
duty return in accordance with Article 38-3 (1) after customs investigation notice is served with respect to the relevant goods under
Article 114 (1) (in the event that the customs investigation commences without prior notice in accordance with the provisions of
the proviso of paragraph (1) of the same Article, after the commencement of such customs investigation) or after the head of any
customhouse serves a written notice with respect to the collection of a shortage of customs duties paid or customs duties payable
in accordance with Article 118 (1). <Amended by Act No. 6777, Dec. 18, 2002; Act No. 7009, Dec. 30, 2003>
Article 43 (Field Receipt of Customs Duties)
(1) Any customs officer who inspects goods falling under any of the following subparagraphs may receive customs duties levied on such
goods at a place where such inspection is carried out:
1.Hand baggages carried by travelers; and
2.Goods loaded on a wrecked ship, which are stored in a place other than a bonded area.
(2) Any customs officer who inspects goods under paragraph (1) shall receive customs duties levied on such goods in the presence of
other colleagues unless unavoidable grounds exist that make it impossible for him to do so.
(3) If any customs officer who is not a public official in charge of receipt and disbursement receives customs duties, such customs
officer shall promptly turn such customs duties to the public official in charge of receipt and disbursement.
(4) If any customs officer who is not a public official in charge of receipt and disbursement loses customs duties he receives in
accordance with paragraph (1) for his failure to act with the care of a good manager, he shall compensate for such lost customs duties.
Sub-Section 2 Write-Off
Article 44 (Write-Off)
(1) The head of any customhouse may, when the grounds falling under each of the following subparagraphs occur to a person liable for
duty payment, write off the relevant customs duties:
1.When the extinctive prescription of the authority to collect duties expires;
2.When a disposition taken for recovery of arrearages is terminated and the allocation amount appropriated to the arrearage falls
short of such arrearage;
3.When the estimated value of total property, which is an object of a disposition taken for recovery of arrearages, is appropriated
to the cost of taking such disposition, leaving no room for any balance; and
4.When the whereabouts of a delinquent duty payer is unknown and he is found to have no property, leaving no prospect of recovering
his arrearages.
(2) The head of any customhouse shall, when he finds a seizable property after having taken a disposition for writing off the relevant
customs duties referred to in paragraph (1), promptly revoke such disposition and take a disposition for recovery of arrearages.
(3) The head of any customhouse may, when it is deemed necessary to collect customs duties or appropriate in the public interest,
furnish material pertaining to dispositions taken for recovery of arrearages or dispositions taken for writing off customs duties
by applying mutatis mutandis under Article 7-2 of the National Tax Collection Act upon a request from any credit information dealer
and any credit information collection agency, etc. under Article 2 of the Use and Protection of Credit Information Act.
Article 45 (Customs Duties Arrearages Adjustment Committee)
(1) The Korea Customs Service and every customhouse may each establish a customs duties arrearages adjustment committee mandated to
deliberate on matters concerning the adjustment of arrearages (including the internal tax, etc. collected by the head of each customhouse).
(2) Necessary matters concerning the composition and operation of the customs duties arrearages adjustment committee established pursuant
to paragraph (1) shall be determined by the Presidential Decree.
Sub-Section 3 RefundofCustomsDutiesOverpaid by Mistake
Article 46 (Refund of Customs Duties Overpaid by Mistake)
(1) The head of any customhouse shall, if any person liable for duty payment asks for the refund of customs duties, a surcharge, an
additional duty or the cost of a disposition taken for recovery of arrearages which have been overpaid by mistake, promptly refund
either of them under the conditions as prescribed by the Presidential Decree and also refund the amount confirmed by himself as having
been overpaid by mistake even if there is no request to that effect from any person liable for duty payment.
(2) In the event that an amount overpaid by mistake are refunded in accordance with paragraph (1), if a person entitled for such refund
is liable to pay any customs duties, any surcharge, any additional duty or any cost of a disposition taken for recovery of arrearages,
the head of any customhouse may appropriate the refund to either of such payments.
(3) Any person liable for duty payment may transfer his right to an amount overpaid by mistake to a third person as prescribed by
the Presidential Decree.
(4) The refund of an amount overpaid by mistake referred to in paragraph (1) shall be made to the Bank of Korea from the revenues
under jurisdiction of the head of the relevant customhouse as prescribed by the Presidential Decree notwithstanding the provisions
of Article 18 of the Budget and Account Act.
Article 47 (Collection of Overly Refunded Customs Duties)
(1) The head of any customhouse may, when he finds that any customs duties, any surcharge, any additional duty or any cost of a disposition
taken for recovery of arrearages, either of them overpaid by mistake, have been overly refunded, collect back the overly refunded
amounts from any person who has been paid the refund of such customs duties, surcharge, additional duty or the cost of a disposition
taken for recovery of arrearages.
(2) The head of any customhouse shall, when he collects the overly refunded amount of customs duties, a surcharge, an additional duty
or the cost of a disposition taken for recovery of arrearages, add to such overly refunded amount an amount calculated according
to the interest, prescribed by the Presidential Decree, accruing for a period ranging from the day following the day on which the
refund is overly made to the day on which the collection of the overly refunded amount is decided.
Article 48 (Refund of Surcharge)
The head of any customhouse shall, when he refunds or appropriates customs duties, a surcharge, an additional duty or the cost of
a disposition taken for recovery of arrearages, either of them paid by mistake, in accordance with the provisions of Article 46,
add to such refunded amount an amount calculated according to the interest, prescribed by the Presidential Decree, accruing for a
period ranging from the day following the day on which the payment is made by mistake (when the payment is made in not less than
two installments, the date means the last payment date and if the refund exceeds the amount paid last, it means each payment date
of the refund calculated retroactively in order of payment date until it reaches the amount) to the date on which the refund or the
appropriation is decided: Provided, That the same shall not apply to goods which are not subject to the application of Article 41
(1) through (3) in accordance with the provisions of paragraph (4) of the same Article.
CHAPTER III TARIFFRATESAND TARIFF CLASSIFICATION
SECTION 1 Common Provisions
Article 49 (Tariff Rates)
The rates of customs duties levied on imported goods in accordance with the provisions of Article 14 shall be as follows:
1.The basic tariff rate;
2.The provisional tariff rates; and
3.Other tariff rates prescribed by the Presidential Decree or the Ordinance of the Ministry of Finance and Economy in accordance with
the provisions of Articles 51 through 77.
Article 50 (Priority Order of Tariff Rate Application)
(1) The basic tariff rate and the provisional tariff rates shall be governed by the attached Schedules of Tariff Rates and the provisional
tariff rates shall have priority over the basic tariff rate in application.
(2) The tariff rate referred to in subparagraph 3 of Article 49 shall be preferentially applied over the tariff rates as shown in
the attached Schedules of Tariff Rates according to the order of the following subparagraphs: <Amended by Act No. 6777, Dec. 18,
2002>
1.Tariff rates under Articles 51, 57, 63, 65, 67-2 and 68;
2.Tariff rates under Articles 73 and 74;
3.Tariff rates under Articles 69, 71 and 72; and
4.Tariff rates under Article 76.
(3) Notwithstanding paragraph (2), the tariff rates of paragraph (2) 2 shall be preferentially applied only if such tariff rates are
lower than the basic tariff rate, the provisional tariff rates and the tariff rates of paragraph (2) 3 and 4, and the tariff rates
described in Article 71 from among the tariff rates of paragraph (2) 3 shall be preferentially applied only if such tariff rates
are lower than the tariff rates of paragraph (2) 4: Provided, That the rates of a tariff concession made at a rate equivalent to
the difference between domestic and foreign prices in tariff negotiations with an international organization under Article 73 and
the rates of a tariff concession (including the rates of a tariff concession made to the market access quota) made to goods prescribed
by the Presidential Decree from among agricultural, forest and livestock products to which a tariff concession was made at a rate
higher than the basic tariff rate in the process of opening up the domestic market shall have priority to the basic tariff rate and
the provisional tariff rates in application.
(4) With respect to goods subject to the application of the provisional tariff rates in the attached Schedules of Tariff Rates, the
application of the provisional tariff rates to such goods may be suspended, in whole or in part, as prescribed by the Presidential
Decree or the provisional tariff rates may be raised or lowered to adjust the rate differential with the basic tariff rate.
(5) In applying the tariff rates described in subparagraph 3 of Article 49, in case of specific customs duties in the attached Schedules
of Tariff Rates, an amount equivalent to the relevant tariff rate shall be applied.
SECTION 2 Adjustment of Tariff Rates
Sub-Section 1 Anti-dumping Duties
Article 51 (Subject of Imposition of Anti-Dumping Duties)
If foreign goods are imported at a price below the normal price prescribed by the Presidential Decree (hereinafter referred to as
dumping ) and such foreign goods are confirmed to fall under each of the following subparagraphs as a result of an investigation
(hereafter in this Sub-section referred to as material injury ) and it is recognized that the relevant domestic industry needs to
be protected, upon a request from any person interested in the domestic industry and prescribed by the Presidential Decree, or the
minister of the competent ministry, such foreign goods, their supplier or their exporting country may be designated and customs duties
(hereinafter referred to as anti-dumping duties ) less than an amount equivalent to a difference between the normal price and the
dumping price (hereinafter referred to as dumping margin ) may be imposed on such foreign goods in addition to customs duties in
accordance with the Ordinance of the Ministry of Finance and Economy:
1.Where the domestic industry is materially injured or is threatened with material injury; and
2.Where the development of domestic industry is materially retarded.
Article 52 (Investigation of Dumping and Material Injury)
(1) The investigation of the fact of dumping and material injury thereby, etc. under Article 51 shall be governed by the Presidential
Decree.
(2) In imposing any anti-dumping duties, the Minister of Finance and Economy may, if it is necessary to give consideration to bolstering
the competitiveness of the relevant industry, stabilizing prices and promoting trade cooperation with trading partners, etc., investigate
such matters and reflect the findings as a result of such investigation.
Article 53 (Provisional Measure Prior to Imposing Anti-Dumping Duties)
(1) In the event that an investigation is made to determine whether to levy anti-dumping duties and the case falling under each of
the following subparagraphs occurs, the Minister of Finance and Economy may, in order to prevent any injury possibly done during
the investigation period, designate relevant goods, their supplier or their exporting country and, order the additional imposition
of provisional anti-dumping duties less than an amount equivalent to a provisionally estimated dumping margin for a fixed period
or take a measure to order security offered (hereafter in this Subsection referred to as provisional measure ) as prescribed by
the Presidential Decree even before such investigation is completed:
1.Where there is sufficient evidence presuming the existence of the fact of dumping and the fact of material injury caused thereby,
etc. with respect to the relevant goods; and
2.Where there exists the best information available even though the promise described in Article 54 is broken, a request for the provision
of materials with respect to carrying out such promise and a request for permitting the verification of furnished data are not complied
with.
(2) In the case falling under each of the following subparagraphs, anti-dumping duties paid shall be refunded or security put up shall
be rescinded as prescribed by the Presidential Decree:
1.Where an investigation comes to an end after a request filed for the imposition of anti-dumping duties on goods, against which the
provisional measure has been taken, has been withdrawn;
2.Where a decision is made on whether to levy anti-dumping duties on goods against which the provisional measure has been taken; and
3.Where the promise described in Article 54 is accepted.
(3) Notwithstanding the provisions of paragraph (2), in the case falling under each of the following subparagraphs, if the amount
of anti-dumping duties exceeds the amount of provisional anti-dumping duties, the difference therefrom shall not be collected and
if the amount of anti-dumping duties falls short of the amount of provisional anti-dumping duties, the difference therefrom shall
be refunded:
1.Where the promise described in Article 54 is accepted after the existence of the fact of dumping and the fact of material injury
caused thereby, etc. are made definite as a result of an investigation conducted on such dumping of the relevant goods and industrial
damage caused thereby; and
2.Where anti-dumping duties are levied retroactively in accordance with the proviso of Article 55.
Article 54 (Proposal of Promise in Connection with Anti-Dumping Duties)
(1) If the dumping of the relevant goods and the existence of material injury, etc. caused thereby are confirmed as a result of a
preliminary investigation conducted to determine whether to levy anti-dumping duties, the Minister of Finance and Economy may propose
that the exporter of the relevant goods promise he will adjust the price of the relevant goods to the extent that the adjusted price
eliminates such material injury caused by the dumping of the relevant goods and halt his dumping export under the conditions as prescribed
by the Presidential Decree.
(2) If the proposed promise referred to in paragraph (1) is accepted, the Minister of Finance and Economy shall have the investigation
halted or terminated without taking a provisional measure or levying anti-dumping duties: Provided, That if the Minister of Finance
and Economy deems it necessary or the exporter of the relevant goods asks for continuing the investigation, such investigation may
continue.
Article 55 (Time for Levying Anti-Dumping Duties)
The imposition of anti-dumping duties and the provisional measure shall apply to goods imported after the day on which such anti-dumping
duties are levied and such measure is taken, respectively: Provided, That if international conventions prescribe otherwise and the
Presidential Decree prescribes with respect to goods subject to the application of the provisional measure, anti-dumping duties may
also be levied on such goods.
Article 56 (Review of Anti-Dumping Duties)
(1) The Minister of Finance and Economy may, when he deems it necessary, review the imposition of anti-dumping duties and the promise
described in Article 54 under the conditions as prescribed by the Presidential Decree, and take necessary measures to impose any
anti-dumping duties, modify contents of the promise and refund, etc. according to findings obtained as a result of the review.
(2) The imposition of anti-dumping duties and the promise accepted under Article 54 shall, save a case where a deadline for their
application is fixed otherwise by the Ordinance of the Ministry of Finance and Economy, become invalid after the elapse of five years
from the day on which the relevant anti-dumping duties were levied and the promise was kept. If contents of the imposition of such
anti-dumping duties and the promise are modified according to findings obtained as a result of the review of the dumping and industrial
damage caused thereby under paragraph (1), save a case where a deadline for their application is fixed otherwise by the Ordinance
of the Ministry of Finance and Economy, the modified contents shall become invalid after the elapse of five years from the day on
which such modified contents are carried out.
(3) Necessary matters concerning the imposition of anti-dumping duties and its enforcement, etc. under paragraphs (1) and (2), and
Articles 51 through 55 shall be prescribed by the Presidential Decree.
Sub-Section 2 Countervailing Duties
Article 57 (Subject of Imposition of Countervailing Duty)
In the event that the import of foreign goods, which are confirmed to have been subsidized and financially supported (hereinafter
referred to as subsidies, etc. ), directly and indirectly, in the course of manufacturing, producing and exporting them, causes
the case falling under each of the following subparagraphs (hereafter in this Subsection referred to as material injury ) as a result
of an investigation, and it is deemed necessary to protect the relevant domestic industry, upon a request from a person interested
in the domestic industry and prescribed by the Presidential Decree or the minister of the competent ministry, the relevant goods,
an exporter or an exporting nation of the relevant goods may be designated and customs duties not exceeding the amount of the subsidies,
etc. may be levied on the relevant goods in addition to customs duties (hereinafter referred to as countervailing duty ) as prescribed
by the Ordinance of the Ministry of Finance and Economy:
1.Where the domestic industry is materially injured or is threatened with material injury; and
2.Where the development of domestic industry is materially retarded.
Article 58 (Investigation of Payment of Subsidies, etc. and Material Injury)
(1) The investigation of the payment of subsidies, etc. and material injury caused thereby shall be conducted according to the Presidential
Decree.
(2) In imposing any countervailing duty, the Minister of Finance and Economy may, when he deems it necessary to give consideration
to bolstering the competitiveness of the relevant domestic industry. stabilizing prices and promoting trade cooperation, etc. with
trading partners, investigate such matters and reflect findings obtained as a result of such investigation.
Article 59 (Provisional Measure Prior to Imposition of Countervailing Duty)
(1) In the event that any imported goods, into which an investigation is launched to determine whether to levy a countervailing duty
thereon, are deemed to have been manufactured using the subsidies, etc. and the case falling under each of the following subparagraphs,
the Minister of Finance and Economy may designate the exporter and exporting nation of such goods and a period, and order the imposition
of a provisional countervailing duty not exceeding the amount equivalent to the estimated amount of the subsidies, etc. or take a
measure to order security offered (hereafter in this Subsection referred to as provisional measure ) in order to protect the relevant
domestic industry as prescribed by the Presidential Decree even before such investigation is completed:
1.Where it is confirmed that sufficient evidence exists that presumes the fact that the imported goods cause a material injury to
the domestic industry; and
2.Where there exists the best information available even though the promise described in Article 60 is withdrawn or broken and data
pertaining to the implementation of such promise are not furnished.
(2) In the event that an investigation terminates after a request filed for imposing a countervailing duty on goods, against which
a provisional measure is taken, is withdrawn or a decision on whether to levy a countervailing duty is made, or the promise described
in Article 60 is accepted, any provisional countervailing duty paid shall be refunded and the security put up shall be rescinded
as prescribed by the Presidential Decree: Provided, That in the case falling under each of the following subparagraphs, if the amount
of a countervailing duty exceeds the amount of a provisional countervailing duty, the difference therefrom shall not be collected
and if the amount of a countervailing duty falls short of the amount of provisional countervailing duty, the difference therefrom
shall be refunded:
1.Where the promise described in Article 60 is accepted after the payment of the subsidies, etc. and material injury, etc. caused
thereby is made definite as a result of an investigation conducted to find the payment of such subsidies, etc. and industrial damage
caused thereby; and
2.Where a countervailing duty is levied retroactively in accordance with the proviso of Article 61.
Article 60 (Proposal of Promise Relating to Countervailing Duty)
(1) In the event that the fact of the payment of the subsidies, etc. and material injury, etc. caused thereby is made definite as
a result of a preliminary investigation conducted to determine whether to levy a countervailing duty under Article 57, the Minister
of Finance and Economy may propose that the government of an exporting nation of the relevant goods promise proper measures to abolish
or cut the subsidies, etc. paid for producing the relevant goods and to eliminate the effect of damaging the importing nation s industry
by the subsidies, etc. and the exporter of the relevant goods promise, with the consent of the government of the exporting nation,
the adjustment of the price of the relevant goods to the extent that the effect of damaging the domestic industry by such subsidies,
etc. is eliminated, as prescribed by the Presidential Decree.
(2) If the promise referred to in paragraph (1) is accepted, the Minister of Finance and Economy shall have any investigation suspended
or terminated without taking a provisional measure or levying a countervailing duty: Provided, That if the Minister of Finance and
Economy deems it necessary to continue the investigation of damage or the government of such exporting nation makes a request to
that effect, such investigation may be continued.
Article 61 (Time for Levying Countervailing Duty)
The imposition of a countervailing duty and a provisional measure shall apply to goods imported after the day on which such measures
are each taken: Provided, That if international conventions prescribe otherwise and the Presidential Decree prescribes with respect
to goods subject to the application of a provisional measure, a countervailing duty may also be levied on such goods.
Article 62 (Review of Countervailing Duty, etc.)
(1) The Minister of Finance and Economy may, when it is deemed necessary, review the imposition of a countervailing duty and the promise
described in Article 60 as prescribed by the Presidential Decree and take necessary measures to levy a countervailing duty, modify
contents of the promise and refund, etc. according to findings obtained as a result of the review.
(2) The imposition of any countervailing duty and the promise accepted under Article 60, except a case where their application deadline
is prescribed otherwise by the Ordinance of the Ministry of Finance and Economy, shall lose their effects after the elapse of five
years from the day on which such countervailing duty was levied and the promise was kept. If the payment of subsidies, etc. and the
industrial damage caused thereby are reviewed in accordance with paragraph (1) and their contents are modified according to findings
obtained as a result of such review, such modified contents shall lose their effect after the elapse of five years from the day on
which such modified contents are carried out, except a case where their application deadline is fixed otherwise by the Ordinance
of the Ministry of Finance and Economy.
(3) Necessary matters concerning the imposition of a countervailing duty and its enforcement, etc. under the provisions of paragraphs
(1) and (2), and Articles 57 through 61 shall be determined by the Presidential Decree.
Sub-Section 3 Retaliatory Duties
Article 63 (Subject of Imposition of Retaliatory Duties)
(1) If any of trading partners infringes on the Korea s trade interests by performing the act falling under each of the following
subparagraphs against goods, etc. exported by Korea, Korea may levy customs duties, within the limit of an amount equivalent to the
amount of damage caused thereby, on goods imported from such trading partner (hereinafter referred to as retaliatory duties ):
1.The act of denying or limiting Korea s rights and interests prescribed in the General Agreement on Tariffs and Trade or bilateral
treaties, etc.; and
2.The act of taking unfair and discriminatory measures against Korea.
(2) Necessary matters concerning countries against which retaliatory duties are imposed, goods, quantity, tariff rates and application
deadline and other matters shall be prescribed by the Presidential Decree.
Article 64 (Consultations about Imposition of Retaliatory Duties)
The Minister of Finance and Economy shall, when he deems it necessary to levy retaliatory duties, consult in advance with the relevant
international organizations and the country concerned.
Sub-Section 4 Emergency Tariff
Article 65 (Subject of Imposition of Emergency Tariff)
(1) If the outcome of a survey confirms that a surge in the import of specific goods causes material injury (hereafter in this Article
referred to as material injury ) or is feared to cause material injury on the domestic industry that produces the same goods or
directly competitive goods (hereafter in this Article referred to as domestic industry ) and it is deemed necessary to protect the
domestic industry, a tariff may be additionally levied (hereinafter referred to as emergency tariff ) on the relevant imported goods
to the extent as may be necessary to prevent, remedy and adjust the material injury (hereinafter referred to as the relief of injury,
etc. ).
(2) A decision on whether to levy an emergency tariff and its substances shall be made after examining the protection of the relevant
domestic industry, international trade relations and compensation levels following such emergency tariff and the resulting impact
on the national economy as a whole.
(3) The Minister of Finance and Economy may, when he imposes an emergency tariff, consult with the country concerned about ways of
proper trade compensation for negative effects resulting from such emergency tariff.
(4) The imposition of an emergency tariff and a provisional emergency tariff under the provisions of Article 66 (1) shall apply only
to goods imported after a decision on the measures to impose them is executed.
(5) The imposition period of an emergency tariff shall not exceed four years and the imposition period of a provisional emergency
tariff under the provisions of Article 66 (1) shall not exceed 200 days: Provided, That if the imposition periods are extended according
to findings obtained as a result of the review conducted in accordance with the provisions of Article 67, the imposition period of
an emergency tariff, the imposition period of a provisional emergency tariff, the application period of import quantity limit under
Article 28 (1) of the Foreign Trade Act (hereafter in this Article and Article 66 referred to as import quantity limit, etc. ) and
any extended period shall not exceed eight years in all.
(6) Goods subject to the application of an emergency tariff or a provisional emergency tariff under Article 66 (1), tariff rate, application
period, quantity, import control ways and other necessary matters shall be prescribed by the Ordinance of the Ministry of Finance
and Economy.
(7) The Minister of Finance and Economy may, when he deems it necessary to decide on whether to impose an emergency tariff or a provisional
emergency tariff under Article 66 (1), ask the heads of administrative agencies concerned and interested persons, etc. to furnish
related data and provide necessary cooperation.
Article 66 (Imposition of Provisional Emergency Tariff, etc.)
(1) With respect to goods into which an investigation is launched to determine whether to levy an emergency tariff thereon or goods
against which a provisional measure under Article 29 (1) of the Foreign Trade Act is recommended, when it is judged that if it fails
to prevent serious damage, etc. during the investigation period, unrecoverable damage ensues or is feared to ensue, a provisional
emergency tariff may be levied to the extent as may be necessary for the relief of injury before such investigation terminates.
(2) When a decision is made on wether to impose an emergency tariff or on whether to take a measure such as the limit of import quantity,
etc., the imposition of a provisional emergency tariff of paragraph (1) shall be suspended.
(3) If it is judged that a surge in the import of goods does not cause material injury to the domestic industry or is not feared to
cause such material injury as a result of an investigation launched to determine whether to levy an emergency tariff or to limit
import quantity, a provisional emergency tariff paid under paragraph (1) shall be refunded.
Article 67 (Review of Emergency Tariff, etc.)
The Minister of Finance and Economy may, when it is deemed necessary, review a decision made to levy an emergency tariff and modify
contents of such emergency tariff according to the results of such review. In this case, the modified contents shall not be tougher
than the original ones.
Article 67-2 (Imposition of Emergency Tariff on Goods from Particular Country)
(1) In the event that any goods whose country of origin is prescribed by the Presidential Decree (hereafter referred to as the goods
of particular country in this Article) are confirmed to fall under any of the following subparagraphs as a result of investigation,
emergency tariffs (hereinafter referred to as emergency tariffs on the goods of particular country ) may be additionally levied
thereon within limits permitted by international conventions or general international rules to relieve or prevent damages therefrom:
1.Where the increased import of the relevant goods causes disruption to the domestic market or is feared to cause disruption to the
domestic market; and
2.Where the relevant goods are imported to Korea or are feared to be imported to Korea following a serious trade turnaround that is
triggered by measures taken by member nations of the World Trade Organization to relieve or prevent their damages caused by an increase
in the import of the relevant goods.
(2) The term disruption to the domestic market or fear of the disruption to the domestic market in paragraph (1) 1 means a case
where an increase in the import of the relevant goods inflicts or is feared to inflict damage to the same kind of domestic goods
or the domestic industry that manufactures the goods in direct competition with the former.
(3) Necessary matters concerning goods subject to the imposition of the emergency tariffs or the provisional emergency tariffs on
the goods of particular country referred to in paragraph (5), tariff rates, application term, quantity and import-control ways, etc.
shall be prescribed by the Ordinance of the Ministry of Finance and Economy.
(4) The Minister of Finance and Economy may, when he intends to levy the emergency tariffs on the goods of particular country, hold
negotiations with the particular country to find ways to resolve the impending trade dispute.
(5) In the event that it is judged that unless measures are taken to prevent disruption to the domestic market while an investigation
is in progress to determine whether to levy the emergency tariffs on the goods of particular country under paragraph (1) 1, unrecoverable
damage is inflicted or is feared to be inflicted on the domestic market, the provisional emergency tariffs may be levied on the goods
of particular country (hereinafter referred to as the provisional emergency tariffs on the goods of particular country ) within
the necessary scope and within the period of 200 days to prevent or relieve damage prior to the completion of the investigation.
(6) In the event that the goods of particular country are judged not to disrupt the domestic market as a result of the investigation
launched to determine whether to impose the emergency tariffs on the goods of particular country, the provisional emergency tariffs
on the goods of particular country that are paid in accordance with paragraph (5) shall be refunded.
(7) In the event that member nations of the World Trade Organization discontinue taking measures against the goods of particular country
that cause Korea to move to impose the emergency tariffs on the goods of particular country under paragraph (1) 2, the imposition
of the emergency tariffs on the goods of particular country shall be scrapped within 30 days from the date of discontinuation.
(8) The provisions of Article 65 (2), (4) and (7), 66 (2) and 67 shall apply mutatis mutandis to the imposition of the emergency tariffs
on the goods of particular country or the provisional emergency tariffs on the goods of particular country.
[This Article Newly Inserted by Act No. 6777, Dec. 18, 2002]
Sub-Section 5 SpecialEmergencyTariffonAgricultural, Forest and Livestock Products
Article 68 (Special Emergency Tariff on Agricultural, Forest and Livestock Products)
(1) In the event that the import quantity of agricultural, forest and livestock products, to which a tariff concession was made at
a rate equivalent to the difference between domestic and foreign prices under Article 73, sharply rises or their import prices fall,
a tariff may be levied in excess of the rate of such tariff concession (hereinafter referred to as special emergency tariffs ) as
prescribed by the Presidential Decree.
(2) Goods subject to the imposition of the special emergency tariff, tariff rate, application deadline and quantity, etc. shall be
determined by the Ordinance of the Ministry of Finance and Economy.
Sub-Section 6 Adjusted Duties
Article 69 (Subject of Imposition of Adjusted Duties)
In the case falling under any of the following subparagraphs, customs duties may be levied within the limit of the rate calculated
by adding the rate obtained by deducing the basic tariff rate of the relevant goods from 100/100 to the basic tariff rate: Provided,
That if the difference between domestic and foreign prices of agricultural, forest, livestock and marine products or other goods
manufactured using such products as raw materials exceeds the dutiable value of the relevant goods, customs duties may be levied
within the limit of the rate equivalent to the difference between such domestic and foreign prices:
1.Where it is necessary to adjust widely unbalanced tariff rates among goods following changes, etc. in the industrial structure;
2.Where it is necessary for the public health, the conservation of environment and the protection of consumers, etc.;
3.Where it is necessary to protect domestically-developed goods; and
4.Where it is necessary to take corrective and preventive measures following a surge in the import of goods, including agricultural,
forest and livestock products, etc., whose domestic competitiveness is weak, which is feared to disrupt the domestic market or collapse
the domestic industrial foundation.
Article 70 (Application Rate of Adjusted Duties)
(1) With respect to the customs duties under Article 69 (hereinafter referred to as adjusted duties ), a decision shall be made on
whether to levy such adjusted duties and their contents shall be determined after examining the protection of the domestic industry,
international trade relations and their impact on the national economy, etc. as a whole.
(2) Goods subject to the imposition of the adjusted duties, rates and application deadline, etc. shall be determined by the Ordinance
of the Ministry of Finance and Economy.
Sub-Section 7 Quota Tariff
Article 71 (Quota Tariff)
(1) In the case falling under each of the following subparagraphs, customs duties may be levied at a rate obtained by deducting a
rate within the limit of 40/100 from the basic tariff rate. In this case, when it is deemed necessary, the quantity may be limited:
1.Where it is necessary to facilitate the import of specific goods with the aim of ensuring the smooth supply and demand of goods
or bolstering the industrial competitiveness;
2.Where it is necessary to stabilize the domestic prices of goods and other goods manufactured using the former, whose import prices
sharply rise; and
3.Where it is necessary to correct widely unbalanced tariff rates among similar goods.
(2) If it is necessary to curb the import of specific goods, customs duties may be levied on such specific goods by adding a rate
within the limit of 40/100 to the basic tariff rate: Provided, That with respect to agricultural, forest, livestock and marine products,
customs duties may be levied thereon within the limit of the rate added with a rate equivalent to the difference between domestic
and foreign prices of the same, similar or alternative products.
(3) Goods subject to the imposition of the customs duties described in paragraphs (1) and (2), quantity, rates and application period,
etc. shall be determined by the Presidential Decree.
Sub-Section 8 Seasonal Duties
Article 72 (Seasonal Duties)
(1) If the import of goods, similar goods or alterative goods whose prices seasonably fluctuate, is feared to disrupt the domestic
market and to collapse the production foundation, customs duties may be levied at a rate higher than the basic tariff rate within
the limit of a rate equivalent to the difference between domestic and foreign prices of the relevant goods or at a rate obtained
by deducting a rate within the limit of 40/100 from the basic tariff rate, according to season classification.
(2) Goods subject to the imposition of the customs duties referred to in paragraph (1), rate and application period thereof, etc.
shall be determined by the Ordinance of the Ministry of Finance and Economy.
Sub-Section 9 International Cooperation Tariff
Article 73 (International Cooperation Tariff)
(1) The Government may, when it is deemed necessary to facilitate Korea s external trade, hold tariff negotiations with any specific
nation or any specific international organization.
(2) The Government may, when it is deemed necessary to hold tariff negotiations referred to in paragraph (1), make any tariff concession:
Provided, That the Government, while holding tariff negotiations with any specific nation, shall not make any tariff concession in
excess of the limit of 50/100 of the basic tariff rate.
(3) Goods subject to the imposition of the tariff referred to in paragraph (2), tariff rates and application period, etc. shall be
prescribed by the Presidential Decree.
Sub-Section 10 Beneficial Tariff
Article 74 (Standards for Applying Beneficial Tariff, etc.)
(1) With respect to goods imported to Korea from any nation that dose not enjoy benefits granted under any tariff treaty, benefits
within the limit of the tariff benefits granted under any treaty may be granted to such goods (hereinafter referred to as beneficial
tariff ).
(2) Goods subject to the imposition of beneficial tariff, the application of tariff rates, application method and other necessary
matters shall be prescribed by the Presidential Decree.
Article 75 (Suspension of Application of Beneficial Tariff, etc.)
In the case falling under each of the following subparagraphs, the Minister of Finance and Economy may designate any nation, goods
and period and suspend the application of beneficial tariff thereto:
1.Where the application of beneficial tariff brings or is feared to bring a serious impact to the national economy; and
2.Other emergency situation occurs that requires suspending the application of beneficial tariff.
Sub-Section 11 General Preferential Tariff
Article 76 (Standards for Applying General Preferential Tariff)
(1) With respect to goods prescribed by the Presidential Decree (hereafter in this Article referred to as goods subject to preferential
tariff ) from among goods originally manufactured in developing countries prescribed by the Presidential Decree (hereafter in this
Article referred to as countries subject to preferential tariff ), customs duties may be levied on such goods at a rate lower than
the basic tariff rate (hereinafter referred to as general preferential tariff ).
(2) In the imposition of a general preferential tariff, the tariff rate applied to goods subject to preferential tariff may be differentiated
or the quantity of such goods may be limited in consideration of the impact of the import of such goods on the domestic industry,
etc.
(3) With respect to goods originally manufactured in such developing countries as prescribed by the Presidential Decree from among
developing countries designated as the poorest developing countries in accordance with a resolution of the UN General Assembly, priority
may be given to the poorest developing countries over other developing countries subject to preferential tariff in granting the general
preferential tariff.
Article 77 (Suspension of Application of General Preferential Tariff)
(1) In the event that specific goods subject to preferential tariff are imported in such increased quantities and under such conditions
as to cause or threaten serious injury to the domestic industry that produces the same kind of goods or directly competitive goods,
and the imposition of a general preferential tariff on such imported goods is deemed inappropriate, the Minister of Finance and Economy
may designate the imported goods and their exporting country, and suspend the application of a general preferential tariff to such
imported goods under the conditions as prescribed by the Presidential Decree.
(2) The Minister of Finance and Economy may, when he judges that the imposition of a general preferential tariff is inappropriate
taking into account the income level, the weight of the amount of goods imported from a country subject to preferential tariff in
the total amount of goods imported by Korea and the extent of the international competitiveness of specific goods subject to preferential
tariff exported by a specific country subject to preferential tariff and other circumstances, designate the relevant country and
goods, and exclude them from the application of a general preferential tariff under the conditions as prescribed by the Presidential
Decree.
Sub-Section 12 Measures on Tariff Concession, etc.
Article 78 (Withdrawal and Modification of Tariff Concession)
(1) If, as a result of unforeseen change in circumstances such as price fall abroad or the effect of fulfillment of obligations stipulated
in a treaty, specific goods are imported in such increased quantities and under such conditions as to cause or threaten serious injury
to the domestic industry which produces the same kind of goods or directly competitive goods, the Government may, when it is deemed
necessary, take measures falling under each of the following subparagraphs:
1.If a tariff concession is made to specific goods in accordance with a treaty, a measure to levy customs duties after modifying tariff
rates under this Act through the withdrawal or modification of such tariff concession made to such specific goods in accordance with
such treaty; and
2.If the measure of paragraph (1) is about to be taken or such measure is already taken, a measure to apply tariff rates after making
a new tariff concession, making a modification or making a tariff concession through the modification of the tariff rates of goods
to which a tariff concession was made, other than the specific goods, and the addition of tariff concession items according to consultations
held under the relevant treaty.
(2) The measure of paragraph (1) 2 shall be taken only within the necessary scope of supplementing the measure of subparagraph 1 of
the same paragraph.
(3) Time for taking the measures of paragraph (1), their substances and other necessary matters shall be prescribed by the Presidential
Decree.
Article 79 (Countermeasures)
(1) If any foreign nation intends to take or has taken measures to withdraw or modify a tariff concession made on specific goods or
other measure, the Government may, when it deems that it can take any countermeasures in accordance with a relevant treaty, take
the countermeasures falling under each of the following subparagraphs:
1.A countermeasure to levy customs duties on specific goods within the limit of an amount equivalent to the dutiable value of the
specific goods in addition to customs duties imposed on such goods under this Act; and
2.In the event that a tariff concession is made to the specific goods, a countermeasure to suspend the application of such tariff
concession to them and levy customs duties within the limit of tariff rates fixed in this Act.
(2) The countermeasures of paragraph (1) against measures taken by a foreign nation shall be limited to the necessary scope.
(3) Nations subject to the countermeasures of paragraph (1), time, contents and other necessary matters shall be prescribed by the
Presidential Decree.
Article 80 (Tariff Concession and Effect of Withdrawal)
(1) If Korea withdraws a tariff concession made to items in accordance with a treaty, tariff rates under this Act shall apply to such
items beginning the day on which such withdrawal takes effect.
(2) If Korea grants a new tariff concession made to items in compensation for the tariff concession withdrawn under paragraph (1),
the tariff rates under this Act shall not apply beginning the day on which the new tariff concession takes effect.
SECTION 3 Application of Tariff Rates, etc.
Article 81 (Application of Simplified Tariff Rates)
(1) Notwithstanding the provisions of other Acts and subordinate statutes, the simplified tariff rates shall apply to goods prescribed
by the Presidential Decree from among goods falling under each of the following subparagraphs:
1.Goods imported by travelers or crews of transportation means sailing or flying abroad as their personal effects;
2.Postal materials: Provided, That postal materials which are required to file any import declaration shall be excluded;
3.Goods used to repair or replace part of any vessel and aircraft abroad; and
4.Consignments or unaccompanied goods.
(2) The dutiable value of goods referred to in paragraph (1) 3 shall be the foreign currency price paid for repair or replacement.
(3) The simplified tariff rates shall be determined by the Presidential Decree on the basis of the rates of customs duties, the provisional
import surtax and the internal tax of imported goods (referring to the relevant vessel or the relevant aircraft in case of paragraph
(1) 3).
(4) With respect to goods which fall under paragraph (1) 1 and whose total amount runs below the amount prescribed by the Presidential
Decree, the tariff rates referred to in paragraph (3) may be made into a single tariff rate applicable to such goods taking into
account the tariff rates, the provisional import surtax and the internal tax of goods imported generally as personal effects.
Article 82 (Application of Tariff Rates under Agreement)
(1) In the event that goods, on which an import declaration is filed en block, are different from each other in tariff rate by item,
upon a request from a person who files such import declaration, the highest tariff rate may be levied.
(2) If the provisions of paragraph (1) is applied, the provisions of Section 2 of Chapter V (Articles 119 through 132) shall not be
applied.
Article 83 (Application of Usage Tariff Rates)
(1) With respect to goods whose tariff rates are set differently by the Presidential Decree or the Ordinance of the Ministry of Finance
and Economy according to their purpose of use in accordance with the attached Schedules of Tariff Rates and Articles 50 (4), 65,
67-2, 68, 70 through 73 and 76, any person who intends to use such goods for the purpose of a lower tariff rate shall obtain approval
from the head of customhouse as prescribed by the Presidential Decree: Provided, That the same shall not apply to a case where the
nature and form of such goods make it impossible to use them for other purpose. <Amended by Act No. 6777, Dec. 18, 2002>
(2) The goods to which a lower tariff rate is applied in accordance with paragraph (1) (hereinafter referred to as usage tariff rate
) shall not be used for or converted to other purpose than the relevant purpose for a period fixed by the Commissioner of the Korea
Customs Service according to the standards set by the Presidential Decree within the limit of three years from the day on which the
import declaration thereon was accepted: Provided, That the same shall not apply to the case falling under any of the following subparagraphs:
1.Where prior approval is obtained from the head of a customhouse as prescribed by the Presidential Decree; and
2.Where the goods fall under the proviso of paragraph (1).
(3) In the event that the goods under paragraph (1) are used for other purpose than the relevant purpose or the goods are transferred
to any person who intends to use such goods for other purpose than the relevant purpose within a period fixed in paragraph (2), a
duty amount equivalent to a difference between a duty amount calculated based on a tariff rate that does not require the relevant
goods to be used for the specific purpose and a duty amount calculated based on the relevant usage tariff rate shall be promptly
collected from the person who uses the relevant goods for other purpose than the specific purpose or a transferor. If it is impossible
to collect the relevant duty amount from a transferor, such duty amount shall be collected from a transferee: Provided, That the
same shall not apply to a case where the goods are destroyed or lost due to a natural calamity or force majeure, or disposed of upon
prior approval obtained from the head of any customhouse.
SECTION 4 Tariff Classification
Article 84 (Modification of Tariff Classification System)
In the event that the need for modifying the tariff classification prescribed by the Presidential Decree in accordance with the attached
Schedules of Tariff Rates or Article 73 or 76 arises from a recommendation or a decision made by the Customs Cooperation Council
under the International Convention on the Harmonized Commodity Description and Coding System, or the development of new commodities,
etc., and the tariff rates thereon are not reset, the Minister of Finance and Economy may make a new tariff classification or classify
again tariffs under the conditions as prescribed by the Presidential Decree.
Article 85 (Standards for Applying Tariff Classification)
(1) The Commissioner of the Korea Customs Service may set standards necessary for applying the tariff classification under the conditions
as prescribed by the Presidential Decree.
(2) The Korea Customs Service shall establish a Tariff Classification Committee (hereinafter referred to as the Committee ) mandated
to deliberate on matters falling under each of the following subparagraphs:
1.Standards for applying the tariff classification referred to in paragraph (1);
2.Prior examination of a tariff classification applied to specific goods under Article 86;
3.Modification of a tariff classification applied to specific goods under Article 87; and
4.Other matters brought up by the Commissioner of the Korea Customs Service with respect to the tariff classification.
(3) Deleted. <by Act No. 7009, Dec. 30, 2003>
(4) Necessary matters concerning the composition, function and operation, etc. of the Committee shall be determined by the Presidential
Decree. <Amended by Act No. 7009, Dec. 30, 2003>
Article 86 (Prior Examination of Tariff Classification Applied to Specific Goods)
(1) Any person who intends to import or export goods, or any licensed customs broker, any corporate customs broker, or any customs
clearance broker corporation under the Licensed Customs Broker Act (hereinafter referred to as licensed customs broker, etc. ) may
file a request, appended with documents prescribed by the Presidential Decree, to the Commissioner of the Korea Customs Service for
a prior examination of the tariff classification on the attached Schedules of Tariff Rates to be applied to the relevant goods prior
to filing an export or import declaration under Article 241 (1).
(2) The Commissioner of the Korea Customs Service shall, upon receiving the request referred to in paragraph (1), examine the tariff
classification to be applied to the relevant goods and notify the applicant of the results thereof: Provided, That if it is difficult
to investigate such tariff classification due to the insufficiency, etc. of documents submitted, a notice thereof shall be served
on the applicant.
(3) With respect to goods for which an examination of the tariff classification is made under paragraph (2), the Commissioner of the
Korea Customs Service shall publish the tariff classification to be applied to the relevant goods, the name of such goods, the purpose
of use, standard and other necessary matters: Provided, That if the publication of any tariff classification to be applied to any
goods is deemed inappropriate, such tariff classification shall not be published.
(4) The Commissioner of the Korea Customs Service shall, when any goods on which an import or export declaration is filed under Article
241 (1) are identical to the goods in relation to which a notice referred to in paragraph (2) is served, apply a tariff classification
according to the contents of such notice to the former.
(5) The Commissioner of the Korea Customs Service may, if it is necessary to analyze physically and chemically component materials
of the relevant goods to examine a tariff classification under paragraph (2), require any person who files an examination request
to pay fees fixed by the Ordinance of the Ministry of Finance and Economy.
Article 87 (Modification of Tariff Classification Applied to Specific Goods)
(1) The Commissioner of the Korea Customs Service may, when it is necessary to modify a tariff classification examined under Article
86 and unavoidable grounds arise for him to modify a tariff classification ex officio, modify such tariff classification to be applied
to the relevant goods.
(2) The Commissioner of the Korea Customs Service shall, when he modifies any tariff classification under paragraph (1), publish contents
thereof and serve a notice of modified contents on the applicant who was notified under Article 86 (2).
(3) The Commissioner of the Korea Customs Service may, when he modifies a tariff classification under paragraph (2) and the application
of a pre-modification tariff classification to goods loaded for their export to Korea prior to the expiration of 30 days from the
day on which such tariff classification is modified is advantageous to a person who files an import declaration thereon, apply such
pre-modification tariff classification to such goods.
CHAPTER IV DUTYREDUCTIONOR EXEMPTION,REFUND ANDINSTALLMENT PAYMENT
SECTION 1 ReductionorExceptionof Customs Duties
Article 88 (Exemption from Customs Duties for Goods Used by Diplomats)
(1) The import of goods falling under each of the following subparagraphs shall be exempt from customs duties:
1.Goods used by foreign embassies, legations and other institutions corresponding to them for their official business in Korea;
2.Goods used by foreign ambassadors, ministers, other diplomats corresponding to them and their families in Korea;
3.Goods used by foreign consulates and other institutions corresponding to them for their official business in Korea;
4.Goods used by staffs and their families prescribed by the Presidential Decree from among staffs of foreign embassies, legations,
consulates and staffs of other institutions corresponding to them and their families in Korea;
5.Goods imported by any foreign contractor under the terms of any contract entered into between such foreign contractor and the Government
to undertake any project; and
6.Goods used by any adviser and technician sent by any international organization and any foreign government to the Government and
other persons prescribed by the Ordinance of the Ministry of Finance and Economy.
(2) No one shall obtain by transfer goods prescribed by the Ordinance of the Ministry of Finance and Economy from among goods whose
customs duties are exempted in accordance with paragraph (1) to use them for other purpose than the purpose described in paragraph
(1) for a period fixed by the Commissioner of the Korea Customs Service according to the standard set by the Presidential Decree
within the limit of 3 years from the day on which an import declaration thereon was accepted: Provided, That the same shall not apply
to a case where prior approval therefor is obtained from the head of any customhouse as prescribed by the Presidential Decree.
(3) In the event that goods prescr