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):

 

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.

 

b.

Products used for researching and developing broadcasting stations or facilities necessary for broadcasting services.

 

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.

 

d.

Products to be presented at an exhibition or exposition, not for sale.

 

e.

Products for testing for safety certification.

 

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)

 

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.

 

 

(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.

 

 

(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.

 

 

(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.

 

 

(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.)

 

 

(5)

One product per model imported for personal use, not for sale or rental. (Those used in multi-use facilities are excluded.)

 

 

(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.

 

 

(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.

 

 

(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.

 

 

(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):

 

a.

Products intended solely for export and not for sale or rental domestically.

 

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.

3.

Where a product subject to safety certification is manufactured for the purpose of exportation (Exemption from Safety Certification)

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)

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)

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)

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)

8.

Where any of the following products is imported or manufactured only once (Exemption from Factory Assessment)

 

a.

100 or fewer electrical appliances subject to safety certification.

 

b.

Consumer products subject to safety certification.

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)

 

a.

Where product certification has been obtained under Article 15 of the Industrial Standardization Act.

 

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).

 

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. 20051074), 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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