Find out statutes governing my product

In addition to the CUSTOMS ACT (관세법) and the FOREIGN TRADE ACT (대외무역법) which are the basic regulations governing import and export of goods, importers shall be well aware of the statutes enacted to regulate specific goods. Because the statutes prescribe requirements which shall be fulfilled to import the specific goods.

 

Pursuant to Article 226 of the CUSTOMS ACT, some of the import/export requirements which are deemed to be important for national security, international trade cooperation, etc. are designated to be checked by customs officials during the customs clearance. The goods to be checked are notified under the regulation named NOTIFICATION ON DESIGNATION OF GOODS SUBJECT TO VERIFICATION BY HEAD OF CUSTOMS AND VERIFICATION METHOD IN ACCORDANCE WITH ARTICLE 226 OF THE CUSTOMS ACT (관세법 제226조에 따른 세관장확인물품 및 확인방법 지정고시).

 

In case of goods subject to verification by the head of customs (“GV”), it is impossible to legitimately import them without relevant import license or special exemption from import requirements so it is likely that importers get to know such requirements even without prior study. However, as GV is prescribed with HS Code correlation, there are chances that goods are imported without proper import license depending on the HS Code used for their import declaration.

 

The data entered in import declarations are shared with authorities implementing the statutes enacted to regulate specific goods. Thus, importers’ violation of import requirements can be detected after the customs clearance of goods even without whistleblowers and importers get to be punished under the statutes. Besides, it is important for importers to have reasonable rationale for the tariff classification of imported goods. Because importers can be prosecuted under the CUSTOMS ACT if it is deemed that incorrect HS Code was used for the purpose of avoiding customs duties or import license.

 

There are numerous statues. Then, how can we find out the ones governing my product?

One sure way is to study the CONSOLIDATED PUBLICE NOTICE (통합공고, “CPN”) notified by the Ministry of Trade, Industry and Energy (“MOTIE”) pursuant to Article 12 of the FOREIGN TRADE ACT.

FOREIGN TRADE ACT

Article 12 (Consolidated Public Notice)

(1) The head of the relevant administrative agency shall, when enacting or amending the guidelines for exportation and importation, submit the guidelines to the Minister of Trade, Industry and Energy so that public notice on such enactment or amendment can be issued pursuant to paragraph (2) before such guidelines come into effect. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

(2) The Minister of Trade, Industry and Energy shall combine the guidelines for exportation and importation submitted pursuant to paragraph (1) to issue a consolidated public notice thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>

 

CPN (MOTIE Notification No. 2021-165) covers 63 laws as below:

-       PHARMACEUTICAL AFFAIRS ACT (약사법)

-    ACT ON THE SAFETY OF AND SUPPORT FOR ADVANCED REGENERATIVE MEDICINE AND ADVANCED BIOLOGICAL PRODUCTS (첨단재생의료 및 첨단바이오의약품 안전 및 지원에 관한 법률)

-       NARCOTICS CONTROL ACT (마약류 관리에 관한 법률)

-       COSMETICS ACT (화장품법)

-       FOOD SANITATION ACT (식품위생법)

-       CHEMICAL SUBSTANCES CONTROL ACT (화학물질 관리법)

-       ACT ON REGISTRATION AND EVALUATION OF CHEMICALS (화학물질의 등록 및 평가 등에 관한 법률)

-       GRAIN MANAGEMENT ACT (양곡관리법)

-       FERTILIZER CONTROL ACT (비료관리법)

-       PESTICIDE CONTROL ACT (농약관리법)

-       ACT ON THE PREVENTION OF CONTAGIOUS ANIMAL DISEASES (가축전염병예방법)

-       PLANT PROTECTION ACT (식물방역법)

-       SEED INDUSTRY ACT (종자산업법)

-       LIVESTOCK INDUSTRY ACT (축산법)

-       ELECTRICAL APPLIANCES AND CONSUMER PRODUCTS SAFETY CONTROL ACT (전기용품 및 생활용품 안전관리법)

-       MEASURES ACT (계량에 관한 법률)

-       PETROLEUM AND ALTERNATIVE FUEL BUSINESS ACT (석유 및 석유대체연료 사업법)

-       NUCLEAR SAFETY ACT (원자력안전법)

-       RADIO WAVES ACT (전파법)

-       WILDLIFE PROTECTION AND MANAGEMENT ACT (야생생물 보호 및 관리에 관한 법률)

-       ACT ON THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL (폐기물의 국가 간 이동 및 그 처리에 관한 법률)

-       CLEAN AIR CONSERVATION ACT (대기환경보전법)

-       NOISE AND VIBRATION CONTROL ACT (소음·진동관리법)

-       MOTOR VEHICLE MANAGEMENT ACT (자동차관리법)

-       OCCUPATIONAL SAFETY AND HEALTH ACT (산업안전보건법)

-       ACT ON THE CONTROL OF MANUFACTURE OF SPECIFIC SUBSTANCES FOR THE PROTECTION OF THE OZONE LAYER (오존층 보호를 위한 특정물질의 제조규제 등에 관한 법률)

-       CONSTRUCTION MACHINERY MANAGEMENT ACT (건설기계관리법)

-       DRINKING WATER MANAGEMENT ACT (먹는물관리법)

-       ACT ON THE PROMOTION OF SAVING AND RECYCLING OF RESOURCES (자원의 절약과 재활용촉진에 관한 법률)

-       ACT ON THE CONTROL OF THE MANUFACTURE, EXPORT AND IMPORT OF SPECIFIC CHEMICAL SUBSTANCES AND BIOLOGICAL AGENTS FOR THE PROHIBITION OF CHEMICAL AND BIOLOGICAL WEAPONS (화학무기·생물무기의 금지와 특정화학물질·생물작용제 등의 제조·수출입 규제 등에 관한 법률)

-       LIVESTOCK PRODUCTS SANITARY CONTROL ACT (축산물 위생관리법)

-       HEALTH FUNCTIONAL FOODS ACT (건강기능식품에 관한 법률)

-       AGRICULTURAL AND FISHERY PRODUCTS QUALITY CONTROL ACT (농수산물 품질관리법)

-       DEFENSE ACQUISITION PROGRAM ACT (방위사업법)

-       FISHERIES ACT (수산업법)

-       HIGH-PRESSURE GAS SAFETY CONTROL ACT (고압가스 안전관리법)

-       PROMOTION OF THE MOTION PICTURES AND VIDEO PRODUCTS ACT (영화 및 비디오물의 진흥에 관한 법률)

-       GAME INDUSTRY PROMOTION ACT (게임산업진흥에 관한 법률)

-       MUSIC INDUSTRY PROMOTION ACT (음악산업진흥에 관한 법률)

-       SEWERAGE ACT (하수도법)

-       LIQUOR TAX ACT (주세법)

-       LOCAL TAX ACT (지방세법)

-       ACT ON THE SAFETY MANAGEMENT OF GUNS, SWORDS, AND EXPLOSIVES (총포·도검·화약류 등의 안전관리에 관한 법률)

-       MEDICAL DEVICES ACT (의료기기법)

-       SAFETY AND MANAGEMENT OF HUMAN TISSUE ACT (인체조직안전 및 관리 등에 관한 법률)

-       AQUATIC ORGANISM DISEASE CONTROL ACT (수산생물질병 관리법)

-       CONTROL OF LIVESTOCK AND FISH FEED ACT (사료관리법)

-       ACT ON THE CONSERVATION AND USE OF BIOLOGICAL DIVERSITY (생물다양성 보전 및 이용에 관한 법률)

-       ACT ON ACCESS TO AND UTILIZATION OF GENETIC RESOURCES AND BENEFIT-SHARING (유전자원의 접근·이용 및 이익 공유에 관한 법률)

-       WASTES CONTROL ACT (폐기물 관리법)

-       ACT ON RESOURCE CIRCULATION OF ELECTRICAL AND ELECTRONIC EQUIPMENT AND VEHICLES (전기·전자제품 및 자동차의 자원순환에 관한 법률)

-       SAFETY CONTROL AND BUSINESS OF LIQUEFIED PETROLEUM GAS ACT (액화석유가스의 안전관리 및 사업법)

-       ACT ON THE SUSTAINABLE USE OF TIMBERS (목재의 지속가능한 이용에 관한 법률)

-       ACT ON THE CONSERVATION, MANAGEMENT, AND USE OF AGRICULTURAL BIO-RESOURCES (농업생명자원의 보존‧관리 및 이용에 관한 법률)

-       SPECIAL ACT ON IMPORTED FOOD SAFETY CONTROL (수입식품안전관리 특별법)

-       SPECIAL ACT ON THE SAFETY OF CHILDREN'S PRODUCTS (어린이제품 안전 특별법)

-       CLEANSING AND HYGIENE PRODUCTS CONTROL ACT (위생용품 관리법)

-       ENERGY USE RATIONALIZATION ACT (에너지이용 합리화법)

-       PERSISTENT ORGANIC POLLUTANTS CONTROL ACT (잔류성오염물질 관리법)

-       CONSUMER CHEMICAL PRODUCTS AND BIOCIDES SAFETY CONTROL ACT (생활화학제품 및 살생물제의 안전관리에 관한 법률)

-       ACT ON THE PROMOTION OF ENVIRONMENT-FRIENDLY AGRICULTURE AND FISHERIES AND THE MANAGEMENT OF AND SUPPORT FOR ORGANIC FOODS (친환경농어업 육성 및 유기식품 등의 관리·지원에 관한 법률)

-       ACT ON PROTECTIVE ACTION GUIDELINES AGAINST RADIATION IN THE NATURAL ENVIRONMENT (생활주변방사선 안전관리법)

-       ACT ON SECURING, MANAGEMENT, AND USE OF MARINE AND FISHERIES BIO-RESOURCES (해양수산생명자원의 확보·관리 및 이용 등에 관한 법률)

 

Just as GV, CPN also provides HS Code correlation of import/export requirements. So, it is not too hard to find statutes importers of certain goods shall review.

 

Notwithstanding, in importing chemical products, extra care is required. Because chemical substances except for the ones listed below are subject to control under the CHEMICAL SUBSTANCES CONTROL ACT and the ACT ON REGISTRATION AND EVALUATION OF CHEMICALS, which is not listed in the HS Code correlation table.

    Not subject to both CHEMICAL SUBSTANCES CONTROL ACT and the ACT ON REGISTRATION AND EVALUATION OF CHEMICALS:

-       Radioactive chemical substances under subparagraph 5 of Article 2 of the Nuclear Safety Act

-       Medicines and non-pharmaceutical items under subparagraphs 4 and 7 of Article 2 of the Pharmaceutical Affairs Act

-       Narcotics under subparagraph 1 of Article 2 of the Narcotics Control Act

-       Cosmetics and raw materials used for cosmetics under subparagraph 1 of Article 2 of the Cosmetics Act

-       Pesticides and technical ingredients under subparagraphs 1 and 3 of Article 2 of the Pesticide Control Act

-       Fertilizers under subparagraph 1 of Article 2 of the Fertilizer Control Act

-       Foods, food additives, appliances, containers, and packages under subparagraphs 1, 2, 4, and 5 of Article 2 of the Food Sanitation Act

-       Livestock feed under subparagraph 1 of Article 2 of the Control of Livestock and Fish Feed Act

-       Explosives under Article 2 (3) of the Act on the Safety Management of Guns, Swords, and Explosives

-       Military supplies (excluding conventional items under Article 3 of the Act on the Management of Military Supplies) under Article 2 of the Act on the Management of Military Supplies and subparagraph 2 of Article 3 of the Defense Acquisition Program Act

-       Functional health foods under subparagraph 1 of Article 3 of the Health Functional Foods Act

-       Medical devices under Article 2 (1) of the Medical Devices Act

-       Organic food, organic processed product not intended for human consumption,  processed food made with pesticide-free raw materials, organic agro-fishery material, and permitted substance under subparagraph 4, 5, 5-2, 6, and 7 of Article 2 of the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods

    Not subject to the CHEMICAL SUBSTANCES CONTROL ACT:

-       Toxic gases under the High-Pressure Gas Safety Control Act

    Not subject to the ACT ON REGISTRATION AND EVALUATION OF CHEMICALS:

-       Cleansing and hygiene products under subparagraph 1 of Article 2 of the Cleansing and Hygiene Products Control Act

-       Biocidal substances and biocidal products under subparagraphs 7 and 8 of Article 3 of the Consumer Chemical Products and Biocides Safety Control Act

 

 

 

Comments

  1. Seungmahn KimFebruary 28, 2022 at 5:47 AM

    Nice information to understand the overall regime how to control import requirement in South Korea!

    ReplyDelete

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