Import of AC Power Cords
Electrical appliances requiring safety certification under the ELECTRICAL
APPLIANCES AND CONSUMER PRODUCTS SAFETY CONTROL ACT (전기용품 및 생활용품 안전관리법,
hereinafter referred to as the ‘SCA’) are listed in Table 1 of the GUIDELINES
FOR SAFETY MANAGEMENT AND ADMINISTRATION OF ELECTRICAL APPLIANCES AND CONSUMER
PRODUCTS (전기용품 및 생활용품 안전관리 운용요령, hereinafter referred to as the ‘Guidelines’). Regarding electric
wires and power cords, the following is stipulated:
Classification |
Items |
Detailed Items |
1. Electric wires and power cords |
Wires, cables, and cords |
① Insulated wires (referring to those
with a nominal cross-sectional area of 95㎟ or less) ② Cables (referring to those with a
nominal cross-sectional area of 95㎟ or less) ③ Cords (referring to those with a
nominal cross-sectional area of 0.5㎟ or more and 6㎟ or less) ④ Cord sets (excluding those
exclusively for semiconductor equipment and with connectors attached to both
ends of the wire or cable for interconnection between devices) |
Note: Applies only to products using
alternating voltage, excluding those used solely for telecommunication and
data transmission. |
There is no doubt that AC power cords for general electrical
appliances are subject to KC Certification, specifically safety certification.
An AC
power cord for an electrical appliance used by connecting to a power socket in
Korea may be integrated with the appliance or separable. For separable AC power
cords, it is recommended to use a KC-certified cord as it requires KC
Certification under the SCA as a separate item. However, the Korea Agency for
Technology and Standards (KATS) does not consider an AC power cord packaged
with an electrical appliance that does not require KC Certification under the
SCA as subject to KC Certification. This is because it is practically
impossible to regulate separable AC power cords packaged with electrical
appliances not listed in the Tables of the Guidelines as a set.
A company intending
to sell AC power cords in the Korean market would be keen to obtain KC
Certification. However, a company supplying AC power cords to an electrical
appliance manufacturer may not seek KC Certification unless the manufacturer
requires it as a sales condition. Issues arise when the manufacturer needs to
ship AC power cords separately. KC Certification exemptions apply only to cases
stipulated in the SCA and its subordinate statutes. The argument that AC power
cords should be exempt from KC Certification because they are used with
electrical appliances not requiring KC Certification is unfounded and will not
be accepted.
The conditions for safety certification exemption are prescribed in Article 6 of the SCA, Article 8 of the Enforcement Decree of the SCA, Article 13 through 17 of the Enforcement Rule of the SCA, and Table 16 of the Guidelines. They can be summarized as follows:
1. |
Where any of the following products,
which are subject to safety certification, are confirmed by the Minister of
Trade, Industry, and Energy as being manufactured or imported for the purpose
of testing for research and development, exhibition, or safety certification (Exemption from Safety
Certification): |
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a. |
Products used by schools, research
institutes, or research organizations stipulated in Article 8 (1) 1 of the
Enforcement Decree of the SCA for research and development purposes. |
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b. |
Products used for researching and
developing broadcasting stations or facilities necessary for broadcasting
services. |
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c. |
Products used by a person engaging in
a manufacturing business classified according to the Korea Standard
Industrial Classification as samples for research and development. |
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d. |
Products to be presented at an
exhibition or exposition, not for sale. |
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e. |
Products for testing for safety
certification. |
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f. |
Parts imported for repairing and
maintaining imported products subject to safety certification, which shall
not exceed 2.5 percent of the imported quantity of the relevant products
subject to safety certification (limited to parts used for the relevant
products subject to safety certification) |
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g. |
Other products specified and publicly
notified by the Minister of Trade, Industry and Energy as those for which
safety certification is unnecessary because the products are only for limited
purposes, not for sale or rental to multiple unspecified people. |
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(1) |
Products of specific structures made
with special designs, whose usage is limited, and which have received
exemption confirmation from the President of the Korean Institute of Product
Safety. |
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(2) |
Products with special uses (such as
military supplies) recognized as necessary by the head of a central administrative
agency, and which have received exemption confirmation from the President of
the Korean Institute of Product Safety. |
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(3) |
Products supplied to tourist hotels
for sale to foreigners, imported for foreign currency earnings by Korea Tourist
Supply Center Co., Ltd. under Article 59 of the Foreign Trade Management
Regulation, and which have received exemption confirmation from the President
of the Korean Institute of Product Safety. |
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(4) |
Products for industrial use (limited
to Manufacturing and Electric Power Generation, Transmission and Distribution
industries as defined by the Korean Standard Industrial Classification
announced by Statistics Korea) or for other special purposes, and which have
received exemption confirmation from the President of the Korean Institute of
Product Safety. (However,
components of energy storage equipment are excluded.) |
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(5) |
One product per model imported for
personal use, not for sale or rental. (Those used in multi-use facilities are
excluded.) |
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(6) |
Products imported for domestic market
research, not for sale or rental, and which have received exemption
confirmation from the President of the Korean Institute of Product Safety. |
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(7) |
Products directly used in
international conferences and international sporting events, not for sale or
rental, and which have received exemption confirmation from the President of
the Korean Institute of Product Safety. |
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(8) |
Products imported for legal mandatory
certification testing under other laws, not for sale or rental, and which
have received exemption confirmation from the President of the Korean
Institute of Product Safety. |
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(9) |
Products imported to receive overseas
certification, and which have received exemption confirmation from the
President of the Korean Institute of Product Safety. |
2. |
Where any of the following products,
among those subject to safety certification, is confirmed by the Mayor/Do
Governor as being imported for the purpose of exportation (Exemption from Safety
Certification): |
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a. |
Products intended solely for export
and not for sale or rental domestically. |
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b. |
Products previously exported and
subsequently imported back into the country for repair or maintenance purposes
under the condition that they will be taken out again. |
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3. |
Where a product subject to safety
certification is manufactured for the purpose of exportation (Exemption from
Safety Certification) |
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4. |
Where the safety of a product is
certified by any foreign safety certification bodies specified and publicly
notified by the Minister of Trade, Industry, and Energy under reciprocal
recognition agreements between nations (Exemption from Safety Certification,
Product Test, or Factory Assessment) |
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5. |
Where a safety certification body
confirms conformity based on the results of a product test or factory
assessment conducted by a domestic or foreign institution with which the
safety certification body has a recognition agreement (Exemption from Product
Test or Factory Assessment) |
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6. |
Where a manufacturer or an importer,
possessing testing capabilities equal to or exceeding the level specified by
Ordinance of the Ministry of Trade, Industry and Energy, conducts a product
test, and the safety certification body confirms the product's conformity
(Exemption from Product Test) |
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7. |
Where the safety of a product subject
to safety certification has been confirmed and it is imported through
parallel importation (Exemption from Product Test and Factory Assessment) |
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8. |
Where any of the following products
is imported or manufactured only once (Exemption from Factory Assessment) |
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a. |
100 or fewer electrical appliances
subject to safety certification. |
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b. |
Consumer products subject to safety certification. |
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9. |
Other cases specified by Ordinance of
the Ministry of Trade, Industry and Energy where safety has been approved
under any other statute (Exemption from Safety Certification, Product Test,
or Factory Assessment) |
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a. |
Where product certification has been
obtained under Article 15 of the Industrial Standardization Act. |
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b. |
Where safety certification has been
obtained under Article 17 of the Special Act on the Safety of Children's
Products (limited to consumer products subject to safety certification). |
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c. |
Where a manufacturing permission or
manufacturing certification has been obtained, or a manufacturing
notification has been filed under Article 6 of the Medical Devices Act, or
where an import permission or import certification has been obtained, or an
import notification has been filed under Article 15 of the same Act (limited
to electrical appliances subject to safety certification). |
As summarized
above, except for ‘One product per model imported for personal use,
not for sale or rental
(excluding those used in multi-use facilities),’ confirmation procedures are required for safety
certification exemption. If AC power cords without KC Certification, imported
separately and customs-cleared without undergoing exemption confirmation, are
not directly direct purchased by an individual for personal use, it indicates
that the procedures required under the SCA were not completed.
As AC
power cords for general electrical appliances are electric conductors for a
voltage not exceeding 1,000 V and are fitted with connectors, they are
classified under subheading 8544.42. Since AC power cords are not electric
conductors used for telecommunications, the 10-digit HS Codes for their
classification are 8544421090 (paper insulated), 8544422090 (plastic
insulated), and 8544429090 (other), depending on the insulating materials,
which do not determine the necessity of safety certification. Notwithstanding,
only 8544422090 is associated with Customs verification. Therefore, AC power
cords insulated with rubber can be customs-cleared without KC Certification by
using 8544429090 in an import declaration. However, this is not a legitimate
import and can become an issue after customs clearance.
While
items that central government agencies intend to regulate more meticulously at
the customs clearance stage are designated as subject to customs verification, a
broader range of HS Codes are associated with import/export requirements under
the relevant laws in the CONSOLIDATED PUBLIC NOTICIE (통합공고), which provides comprehensive guidance on
import/export. In the CONSOLIDATED PUBLIC NOTICIE, the same import requirements
associated with 8544422090 are specified for 8544421090 and 8544429090.
In
response to inquiries received during the ‘Customs Administration Briefing for
Customs Brokers to Establish Order in Import Clearance at Incheon Port’ held by
Incheon Customs on May 9, 2024, it was clarified that customs officials can
verify whether items meet the permit, approval, marking, or other conditions
specified in the CONSOLIDATED PUBLIC NOTICIE, even if they are not subject to
the Customs Verification Notification. This response is based on the Supreme
Court ruling (sentenced on May 31, 2007, Decision No. 2005도1074), which states, ‘Even if the items are
not subject to the Customs Verification Notification, they can still be
penalized under Article 270 of the Customs Act if they do not meet the
conditions required by other laws, such as the Foreign Trade Act.’ Therefore, importers
must prove that they have met all of these requirements.
Given
this, it is inappropriate to assume that the import clearance of AC power cords
without KC certification is guaranteed simply because the insulating material
is rubber, not plastic, even though this might constitute a violation of the SCA.
If there is a need to import AC power cords separately, the KC certification
status must be verified. If the manufacturer of the electrical device cannot
supply KC-certified AC power cords, you should consider either obtaining an
exemption confirmation or sourcing them locally.
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