• International Commerce and Information Review
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• v.14 no.2
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• pp.447-470
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• 2012

A Certificate of Origin is used in international trade. It is a printed form, completed by the exporter or its agent and certified by an issuing body, attesting that the goods in a particular export shipment have been wholly produced, manufactured or processed in a particular country. FTA rules of origin in recent FTA agreement is a very complex procedure that requires international negotiations in the field has become the largest issues. Case of Korea-Chile FTA, starting with the origin criteria for each agreements is inconsistent due to differences between countries is an area that is not easy to negotiate. This study is covered in the agreement signed on the origin criteria for adequate review and comparison by item currently being pursued through the FTA was signed during the implications that can be applied to the agricultural sector has to offer.

• International Commerce and Information Review
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• v.13 no.3
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• pp.143-166
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• 2011

This paper describes the characteristics and outline of rules of origin among Korea and USA, EU, ASEAN. The main focus of this paper is to conduct comparative analysis on rules of origin. Rules of origin are used to determine the country of origin of a product for purposes of international trade. There are two common types of rules of origin depending upon application, the preferential and non-preferential rules of origin Non-preferential rules of origin are used to determine the country of origin for certain purposes. The basis for the non-preferential rules originates from the Kyoto convention which states that if a product is wholly obtained or produced completely within one country the product shall be deemed having origin in that country. For a product which has been produced in more than one country, the product shall be determined to have origin in the country where the last substantial transformation took place. To determine exactly what was the last substantial transformation, three general rules are applied : Change of tariff classification(on any level, though 4-digit level is the most common), Value added-rule.(ad-valorem), and Specific process rule. While criteria of wholly obtained or produced in one country is almost similar to those of theses area and countries, in compliance with value percentages of Substantial Transformation, sufficient working or processing, Korea-US FTA adapts 'Regional Value Content', meanwhile Korea-EU FTA adapts 'Import Content' rule. Finally, Korea-US FTA and ASEAN FTA adapt FOB price for the calculation value added, on the other hand Korea-EU FTA adapts EXW price.

• International Commerce and Information Review
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• v.17 no.2
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• pp.201-223
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• 2015

Concerning post-verification which is after the application of FTA preferential tariffs, in cases such as Korea-EFTA and Korea-ASEAN, the growing trend of post-verifications was restricted and there was no active research concerning this; whereas with Korea-EU FTA which adopted indirect verification for post-verification, the demand for post-verification has been rising constantly each year; and for Korea-US FTA which has adopted direct verification, a new approach to post-verification research is needed as it began genuine post-verification regarding many national enterprises only after a year and a half since the agreement. This study will consider the counter measures that can be taken for post-verification, through case of studies on the factors influencing violation of determining the country of origin for export company regarding verification of FTA. Result of this case study regarding the determining a violation of origin, The main cause of the violation factors on the essential & general principles(goods wholly obtained, value added criteria) are lack of understanding agreement & manpower. but Violation of the parties to a transaction & the origin certification are lack of advanced preparation and effected violation of principle of good faith. Finally, In this study help countermeasures of export company through the Detailed analysis of the type & implications deriving from verification of origin.

• International Commerce and Information Review
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• v.16 no.3
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• pp.203-221
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• 2014

ICC Banking Commission have approved the new version of ISBP for UCP 600(Publication 745) on April 17, 2013. This is called the ISBP 745. This revised version of ISBP includes a lot of shipping documents including bill of exchange. These shipping documents stated in the ISBP 745, especially the certificate of origin is the document necessary for carrying out the customs formalities in FTA era. Particularly, practitioners such as bankers, buyers and sellers, lawyers, freight forwarders and carriers in import and export transactions have to know the UCP 600 and ISBP 745 (2013) thoroughly in order to avoid the disputes due to discrepancies of the documents with the terms and conditions of the credit. The purpose of this article is to reduce the disputes occurred in the credit transaction by providing the examination criteria and case study of the certificate of origin in ISBP 745.

• Korea Trade Review
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• v.42 no.6
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• pp.155-176
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• 2017

As an increasing number of the FTA, there have also been increasing interests in FTA utilization. It is critical to understand and implement the rules of origin for FTA utilization appropriately. However, due to the spaghetti bowl effect, the restrictiveness index, which is a measure of the degree of difficulty of meeting Product-Specific Rule(PSR) of origin, gets increased. Furthermore, there is a distortion in the method of calculating the correct restrictiveness index. Therefore, we implemented an enhanced method in a context of fishery product to correctly measure the restrictiveness index of Product Specific Rules (PSR) among the rules of origin.

• International Area Studies Review
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• v.13 no.1
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• pp.391-416
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• 2009

The purpose of this paper is to provide an ideal agreement proposal for the satisfactory settlement of FTA origin criteria negotiations, which will be the most severe issue in both inter-governmental FTA negotiations to begin in the near future. Towards this end, we, the authors, based on our nine FTA related agreements already concluded with other countries, researched the concrete origin criteria in the previous origin agreements, analyzed the characteristics of these agreements, and derived the ideal origin rule. As a result, we came to the conclusion that in consideration of Korea and China's FTA's substantial transformation test, it's better to choose any one criterion from the following. Criterion 1: CTH (Change of Heading) and Criterion 2: Value Added Criteria by 40% within region. In addition, we also did that in calculating the ratio of value added, the calculation method and price criteria should be more simple and standardized. It led to the conclusion that the objective deduction method should be used mainly and that CIF or FOB should be used as the price criterion.

• Korea Trade Review
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• v.43 no.1
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• pp.109-130
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• 2018

The cumulative standard is one of the criteria determining the origin of imported goods and is a provision that allows non-origin materials to be treated as origin goods when satisfying certain conditions. Regarding the Korea-Canada FTA, new cumulative standards were applied concerning cross accumulation of automobile products. It would benefit U.S. originating intermediate goods of HS code chapter 84, 85, 87, and 94 obtained into HS code heading from 8701 into 8706. We examine the effectiveness of crossover cumulative standards through the change in the import values of 84, 85, 87, 94, which are target items for cross cumulation. Only items designated for automobile parts were selected and analyzed. From the estimation results, significant changes appeared in 20 of the 35 items. It was found that the import amount increased significantly as of January 2015 or the rate of change in trend increases more than before. In addition, the estimation results show that Korean auto companies utilizing the cumulative standards through increased imports of auto parts form the U.S.

• Korea Trade Review
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• v.41 no.5
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• pp.213-233
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• 2016

In an FTA, rules of origin are decided by an agreement between countries directly involved and provided through a written agreement, considering the characteristics of each industry and the situations of the countries, for the characteristics of each item. The PSR on fishery products by item are broadly divided into an agreement that applies the wholly-obtained criterion and an agreement that applies the Change of Chapter (CC). Fishery products belong to HS Code Chapter 3, which are generally produced through obtaining by raising or fishing. This study compared each agreement from this point of view. For the fishery products caught, an error in the job-related judgment may occur in a situation in which the persons in charge do not have any background knowledge involved with high sea fisheries. Since ships may sail, hoisting the flag of the country of registration according to an international agreement, involved with requirements for the recognition of ships for the judgment of the country of origin, the principle of the exclusivity of the flag state should be taken into consideration.

• Korea Trade Review
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• v.41 no.3
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• pp.63-107
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• 2016

This paper analyzed the restrictiveness of the rules of origin of the 15 FTAs of Korea utilizing the restrictiveness index suggested by Estevadeordal(2000). The main purpose of the paper is to provide an update of the current status and characteristics of the restrictiveness of the rules of origin based on product type and country. The research showed that FTA with EU and Turkey showed the highest restrictiveness, whereas New Zealand, Peru and India showed the lowest. Overall, Korea's restrictiveness index was found to be at appropriate levels. Additionally, in terms of the current status by restrictiveness index, over time with the exception of European countries in the FTA, products with the lowest score in restrictiveness index of 2 continued to be processed in the Korea-Peru FTA which illustrated the current trend of easing restrictiveness. In terms of restrictiveness index based on product type, commodity products, processed food, clothing-fabric-general merchandise were found to be very strict. However, in categories such as general machinery, electronics, chemical products and precision instruments, the restrictiveness index showed the lowest readings. The results imply the high restrictiveness in sensitive products that are vulnerable from competition through high tariffs, and easing of restrictiveness in competitive products in order to vitalize trade. The results also show that in Korea's FTA, Korea's rules of origin in FTA vary and are sorted in a complicated manner. With an increasing number of FTAs and a number of different rules of origin, there is a need for standardized criteria for Korea. This study was significant in that it compiled all the rules of origin and the restrictiveness index of all FTAs that came into effect and have been negotiated in Korea. The results of the research are expected to be used as an informative and meaningful guideline for Korea's FTAs.

• International Commerce and Information Review
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• v.15 no.3
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• pp.475-498
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• 2013

The most fundamental reason why FTA Agreement must be concluded is based on the preferential tariff treatment among country parties. In order to get applied by the preferential tariff treatment under an FTA, the parties need to meet the rules of origin and the criteria stipulated under the FTA simultaneously. In addition, Certificate of Origin(C/O) document is required to claim for the preferential treatment under the FTA Agreement. In South Korea, the electronic Certificate of Origin can be issued by the UNI-PASS and FTA-PASS of the Korea Customs Service. The Web Certification System of the Korea Chamber of Commerce & Industry also is established. But the majority cases of requesting the preferential Certificate of Origin are generally performed by the business partners. The settlement and activation of electronic Certificate of Origin are urgently needed to maximize the effects of FTA, First, this paper examines the application situation of electronic Certificate of Origin throughly. Second, the current circumstances related to electronic Certificate Origin are analyzed in the practical and systematic perspectives. Finally, the improvements for activating electronic Certificate of Origin is suggested.