• 무역상무연구
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• 제46권
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• pp.351-380
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• 2010

Multinational Enterprises set the prices for transactions between affiliates based principally on their global interest. But the customs authority in Korea wants to set the arm's length price as high as possible to get higher dutiable value for customs purpose, while the internal tax authority in Korea prefers lower arm's length price to get higher value for corporation tax purpose by cutting costs. Problem caused by the inconsistent valuation methods on the same imported goods of the two tax authorities is the single most important tax issue facing multinational enterprises. In the meantime, the customs authority in Korea has thought that it is a universal trend worldwide for the Customs and Internal tax authorities to adopt different methods of valuation on transfer prices between related parties, so KCS couldn't accept APA prices. But the internal tax authority in Korea has taken the initiative in APA program so NTS provided taxpayer with safe-harbor. Recently, KCS created the Advance Customs Valuation Arrangement(ACVA) provisions in the 2008 revision bill of the Customs Act through benchmarking APAs program. Can APAs work for customs? Neither WCO or OECD presents any recommendation on the integration of the valuation methods, but calls for close cooperation between two authorities, which still leaves taxpayers very unstable. We will start to seek ways to integrate the customs valuation and transfer pricing in this study.

• 무역상무연구
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• 제53권
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• pp.315-336
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• 2012

In year 2011 export volume of South Korea surpassed 500billion USD and overall trade volume has exceeded one trillion USD. South Korea is ranked at 7th in the world by its export volume. Such an expansion of the trade volume leads to growth in customs clearance service demand. However, there are only handfuls of studies on the efficiency of customs clearance service which customs broker provide. If the efficiency in this study is not absolute, it shows relative efficiency to decision making unit. In this research survey was conducted targeting members of Korea Customs Brokers Association. Based on the survey improvement plans to enhance efficiency of customs clearances are as follows. First, rationalize the customs broker fee. Second, setup batch processing system to improve efficiency of the work process. Third, develop new area of task such as FTA and AEO certification. Forth, raise service quality by improving professionalism of customs brokers. Fifth, work efficiency of the office in the capital area will increase. Sixth, when inspecting import export cargo, customs broker should attend at the scene by their choice. Meanwhile, difference analysis on competent customs, type of office, and duration of the business was done but all the aspects were rejected. Such aspects does not influence on its effectiveness.

• The Journal of Asian Finance, Economics and Business
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• 제7권8호
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• pp.213-224
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• 2020

The study assesses the impact of trade liberalization factors on changes in customs revenues in Vietnam. Research data was conducted between 2002 and 2017 on the official website of the Government's Web Portal and The World Bank. This paper uses the vector error correction model to estimate the short-term and long term relationship between data series. The results have proven that tariff reductions have a positive effect on short-term and long-term customs revenues in Vietnam. However, the implementation of other international commitments on trade liberalization has positive short-term and long-term negative impacts on customs revenues in Vietnam. The study's results also show that exchange rate has no effect on changes in customs revenues in the short term but it has a strong impact on increasing customs revenues in the long run. Based on these findings, the article also suggests a number of policies to ensure customs revenues in Vietnam in future. In order to ensure customs revenues, the government of Vietnam should: (1) having some policy to improve the efficiency of customs management in Vietnam; (2) Building appropriate VND exchange rate policy; (3) Establishing reasonable non - tariff barriers to prevent fraud and ovations cause losses in customs revenues.

• Journal of Korea Trade
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• 제27권1호
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• pp.101-118
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• 2023

Purpose - Korea became a trillion-dollar trading country in 2011. With the exponential increase in Korea's trade volume over the past decades, trade-related administrative burdens per capita for Korea Customs became enormous, for which the government established the Single Window, a trade-facilitating system, in 2004 to enhance the efficiency of customs-clearing procedures for traders. This paper focuses on finding whether the Korean Single Window system affects the country's trade facilitation positively through an empirical methodology. Design/methodology - To find empirical evidence that Single Window affects trade facilitation for the customs-clearing procedure, this study assumes that a time-efficient environment enables the handling of the increase in trade volume, under which four independent variables related to import customs-clearing procedures and two dependent variables to import were adopted for empirical analysis. The import customs procedures are classified into four steps from port entry to declaration acceptance. To understand the relationship between variables, scattered plots and correlation coefficients were calculated. Eight hypotheses were set and underwent simple linear regression. The data for analysis were collected by Korea Customs, and were about the lead time of import, the volume of imports in million USD, and the number of import declarations reported to customs offices on a monthly basis from 2005 to 2013. Findings - Six of the eight hypotheses showed the statistically significant result that lead time in the import customs-clearing procedure positively affects the number of import declaration reports and import volume. Specifically, Hypothesis 1, Hypothesis 2, and Hypothesis 3 strongly support the assumption lead time in import customs declaration has an inverse relationship with the number of import declarations, which means that the shorter the import lead time, the more import declaration increases. Research Limitations/Implications - With limited data accessibility to the government's custom-sclearing procedures, only the import lead time for customs clearance were adopted as independent variables. This paper, however, successfully found that the Single Window system contributed to trade facilitation. Originality/value - This study found that the time-saving Single Window system of Korea Customs enables itself to manage an exponentially-increasing trade volume by creating a trade-facilitating environment for customs personnel and traders, which may be a unique implication found through quantitative methodology.

• 무역상무연구
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• 제44권
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• pp.213-238
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• 2009

This thesis examines the problems faced in the clearance procedures of Korea's e-customs system for which improvements are necessary, and suggests various ways of overcoming those problems. Practical implications regarding the advancement of Korea's e-customs system are as follows. First, the substructure of the e-customs clearance system, which is the basis for the establishment of a global single window, should be developed into a more modern and advanced system. Second, additional improvements in the law are required to render the broad array of Internet-based export and import documents legally binding. Third, customized services should be provided in order to improve the operating efficiency of the e-customs clearance system. Fourth, the reputation of Korea's e-customs clearance system should be raised via the strengthening of a cooperative system between concerned parties, including exporters and importers. This innovative approach to systematic improvements will come about when we can simplify current customs clearance procedures and establish a fairer customs inspection administration regime. Additionally, when we review the methods intrinsic to our customs system, we must emphasize the urgency of proper completion of related systems and arrangements in the trade business and similar fields.

• 무역상무연구
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• 제37권
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• pp.253-273
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• 2008

The thesis examines the problems for improvement of clearance procedure and shows the various ways of overcoming them. Practical implications regarding the innovation of clearance procedure are as follows. First, the basis of information for customs clearance service should be built for unifying customs clearance information and imports and exports goods. Second, Customs Service need to keep on trying continuously that customs clearance system should be inter-convertible in the inside and outside of the country. Third, reliable law and execution system should be needed to revitalize customs clearance business and the government need to take measures for new system which is suitable for our own country. Finally, mutual cooperation administration system for customer in domestic and foreign country should be made for supplying high quality clearance service. As we have reviewed above contents, the customs clearance business meet the needs of innovation with new information technique to overcome lots of problems which come by when we execute simplification of customs clearance procedure and customs inspection administration fairly. As well as, when we review a few methods in the line of our customs system, we need strongly completion of related system and arrangements in trade business and similar fields. Hereafter we hope the limitation of this study should be overcome by the process of proper inspections through subsequent studies.

• 무역상무연구
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• 제47권
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• pp.263-298
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• 2010

The global trading system is vulnerable to terrorist exploitation while the international trade is an essential element for the economic development. Customs has a unique role in the international trade to provide increased security while ensuring facilitation of the legitimate flow of goods and the role of Customs has become more and more indispensable these days. In response to this trend, the World Customs Organization(WCO), the organization of more than 170 Customs administrations all over the world, adopted an international framework("SAFE Framework") in 2005, which includes the Authorized Economic Operator(AEO) concept, whereby a party involved in the international movement of goods would be approved by Customs as complying with the supply chain security standards, and given benefits, such as simplified Customs procedure and less Customs intervention. In this stream, the Japanese government has developed and promoted AEO Program in close cooperation with the business sector, aiming at ensuring security while facilitating legitimate trade. For that purpose, Japan Customs, as a main entity in the field of international trade, has developed comprehensive AEO program with combination of programs for importers, exporters, warehouse operators, Customs brokers and logistics operators, such as forwarders and carriers, which are consistent with the "SAFE Framework" developed by the WCO. The purpose of this paper aims to analyse the introduction plans of AEO program for the trade security and trade facilitation with Japanese AEO system.

• 무역학회지
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• 제47권5호
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• pp.129-145
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• 2022

Recently, Korean customs authorities have attempted to impose customs duties on the warranty charges paid by Korean subsidiaries ("the taxpayers") of multinational corporations to their overseas headquarters, or their affiliates, as indirect payment of the price actually paid or payable for imported goods and services, and the taxpayers' complaints have been steadily increasing. The key issue of Korean Supreme Court decision, 2018Du56619, revolves around opposing interpretations of the Korea Customs Act and the WTO's Customs Valuation Agreement in determining who is responsible for paying duties levied on warranty charges. The Supreme Court's ruling was consistent with its previous interpretations of the WTO agreement on customs valuations. The Supreme Court ruled in favor of the plaintiff, a Korean subsidiary, stating that the overseas corporate headquarters' payments of warranty charges to Korean dealers are made on behalf of the Korean subsidiary, which is ultimately responsible for covering warranty charges. Thus, the Korean subsidiary's settlement of the warranty charges to their Korean dealers through the overseas headquarters is effectively the same as a direct payment to the dealers. Therefore, the Korean subsidiary performed warranty services on its liability and account. As such, the court ruled that warranty charges should not include tariffs on the indirect payment for warranty services in such cases. This paper presents the comparative legal implications for the warranty charge clauses in the WTO agreement and the Korean Customs Act and analyzes the Supreme Court's decisions.

• 통상정보연구
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• 제11권4호
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• pp.263-287
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• 2009

This paper aims at examining whether the current Korean customs punishment system is appropriate and reasonable for eliminating customs offenses, such as smuggling, and explores ways to improve the penal provisions of customs law. The current multiple fine system, governed by the penalty for evasion of customs duty, penalty for abatement and exemption by fraud or unfair practices and penalty for drawback by fraud or unfair practices, clearly violates a sense of responsibility and the constitutional principle of no excess punishment. Therefore it should be changed to a fixed fine system and confiscate and collect in addition the items with customs evasion and exemption by fraud or unfair practices.

• 무역학회지
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• 제44권2호
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• pp.189-202
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• 2019

The Harmonized System comprises about 5,000 commodity groups; each identified by a six digit code, arranged in a legal and logical structure and is supported by well-defined rules to achieve uniform classification. This study reviews the appropriateness of Korea Customs Service and Tax Tribunal's customs classification decisions concerning the interpretation and application of the Harmonized System for certain ITA goods. Korea Customs Service had classified arbitrary and had not applied in dubio pro reo principle. This paper finds that 57% of Korea Customs Service's classification decisions have erred. Korea government need to take measures to secure uniform interpretation of the HS and its periodic updating in light of developments in technology and changes in trade patterns. This paper suggest to amend customs law and regulation concerning classification committee.