3년의 혁신, 30년의 성장, 관세청 종합솔루션 YES FTA

Article 3.1: Definitions

For the purposes of this Chapter:
other duties or charges　means any duty or charge of any kind, except customs duty, imposed on or in connection with the importation of goods of the other Party, but does not include any:

• (a) duty imposed pursuant to Chapter 6 (Trade Remedies);
• (b) charge equivalent to an internal tax imposed consistently with Article III:2 of GATT 1994;
• (c) fee or other charge in connection with importation commensurate with the cost of services rendered;
• (d) premium offered or collected on an imported good arising out of any tendering system in respect of the administration of quantitative import restrictions, tariff rate quotas or tariff preference levels; or
• (e) duty imposed pursuant to Article 5 of the WTO Agreement on Agriculture

Article 3.2: SCOPE AND COVERAGE

This Chapter shall be applied to the trade in goods between the Parties.

Article 3.3: NATIONAL TREATMENT

Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of GATT 1994. To this end, Article III of GATT 1994 is incorporated into and made part of this Agreement.

Article 3.4: TARIFF ELIMINATION

• 1. Except as otherwise provided in this Agreement, each Party shall progressively eliminate its customs duties and other duties or charges on originating goods of the other Party in accordance with its Tariff Elimination Schedule set out in Annex 3A.
• 2. Upon request of a Party, the Parties shall consult to consider accelerating the elimination of customs duties as set out in their Tariff Elimination Schedules or incorporating into one Party’s Tariff Elimination Schedule goods that are not subject to the Tariff Elimination Schedule. An agreement by the Parties to accelerate the elimination of customs duties on an originating good or to include a good in the Tariff Elimination Schedule shall supersede any duty rate or staging category determined pursuant to their Tariff Elimination Schedules for such good, shall be treated as an amendment to Annex 3A and shall enter into force in accordance with the procedure under Article 22.

Article 3.1: Definitions

For the purposes of this Chapter:
customs value means:

• (a) the price actually paid or payable for a good or material with respect to a transaction of the seller of the good, pursuant to the principles of Article 1 of the Customs Valuation Agreement, adjusted in accordance with Article 8 of the Customs Valuation Agreement; or
• (b) in the event that there is no such value or such value of the good is unascertainable, the value determined in accordance with Articles 2 through 7 of the Customs Valuation Agreement;
  F.O.B. means free on board value of a good payable by the buyer to the seller, regardless of the mode of transportation, not including any internal excise taxes reduced, exempted, or repaid when the good is exported;
  fungible goods or materials means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical;
  good means any merchandise, product, article or material;
  goods wholly obtained or produced entirely in the territory of one or both of the Parties means:

• (a) mineral goods extracted there;
• (b) plants and plant products grown and harvested, picked or gathered there; v (c) live animals born and raised there;
• (d) goods obtained from hunting or trapping conducted there;
• (e) goods obtained from fishing within the outer limit of the territorial sea of one or both of the parties;
• (f) products of sea-fishing and other products taken from the sea outside of the territorial sea of one or both of the Parties by vessels registered or recorded with a Party and flying its flag;
• (g) goods produced on board factory ships from the goods referred to in paragraph (f), provided such factory ships are registered or recorded with one of the Parties and flying its flag;
• (h) goods taken by a Party or a person of a Party from the seabed or beneath the seabed outside territorial waters, provided that the Party has rights to exploit such seabed;
• (i) goods taken from outer space, provided that they are obtained by a Party or a person of a Party and not processed in the territory of a non-Party;
• (j) waste and scrap derived from:
• (i) production there; or

Article 5.1: DEFINITIONS

For the purposes of this Chapter: certificate of origin means respective forms used for purposes of claiming preferential tariff treatment in the importing Party, certifying that an exported good qualifies as an originating good in accordance with Chapter 4 (Rules of Origin), on the basis of documentary evidence or reliable information;
certification body means a body referred to in Annex 5A;
customs administration means the competent authority that is responsible under the law of a Party for the administration of customs laws and regulations; exporter means a person located in the territory of a Party from where a good is exported by such a person;
importer means a person located in the territory of a Party where a good is imported by such a person;
identical goods means "identical goods" as defined in the Customs Valuation Agreement;
producer is as defined in Article 4.1;
production is as defined in Article 4.1;
Cost and Production Statement means a declaration made by the producer, in the calculation of the regional value content, the HS tariff classifications of the product and its non-originating material used, to determine the originating status of the good. The declaration should be signed by a designated authority, generally the managing director or accountant of the company. The declaration may be made by the importer or exporter, if he or she has pertinent information to the production of the good. Notwithstanding the above, the producer shall not be required to provide the information to the importer or the exporter;
value means value of a good or material for purposes of calculating customs duties or for purposes of applying Chapter 4 (Rules of Origin); Declaration for Preference means an application for claiming preferential tariff treatment declared, on the basis of a certificate of origin or any other documentary evidence of origin, by an importer to the customs administration as part of the import application that an imported good qualifies as an originating good in accordance with Chapter 4.

Article 5.1: DEFINITIONS

For the purposes of this Chapter:
intellectual property rights refer to copyright and related rights, trademarks, geographical indications, industrial designs, patents, layout-designs (topographies) of integrated circuits and rights in undisclosed information; TRIPS Agreement means the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights;
PCT means the Patent Cooperation Treaty administered by the World Intellectual Property Organization;
ISA and IPEA means the International Searching Authority and the International Preliminary Examining Authority, respectively, under the PCT;
IPOS means the Intellectual Property Office of Singapore; and
KIPO means the Korean Intellectual Property Office.

Article 17.2: GENERAL OBLIGATIONS

Each Party re-affirms its obligations under the TRIPS Agreement, and, in accordance with the TRIPS Agreement, shall provide adequate and effective protection of intellectual property rights to the nationals of the other Party in its territory..

Article 17.3: ENFORCEMENT

The Parties shall, consistent with the TRIPS Agreement, provide for the enforcement of intellectual property rights in their respective laws.