3년의 혁신, 30년의 성장, 관세청 종합솔루션 YES FTA

UNDER THE FRAMEWORK AGREEMENT ON COMPREHENSIVE ECONOMIC COOPERATION AMONG THE GOVERNMENTS OF THE REPUBLIC OF KOREA AND THE MEMBER COUNTRIES OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS The Governments of the Republic of Korea and the Member Countries of the Association of Southeast Asian Nations; Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People＇s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand1 and the Socialist Republic of Vietnam, RECALLING the Framework Agreement on Comprehensive Economic Cooperation among the Governments of the Republic of Korea and the Member Countries of the Association of Southeast Asian Nations signed in Kuala Lumpur, Malaysia on the thirteenth day of December 2005;
FURTHER RECALLING Articles 1.3 and 2.1 of the Framework Agreement, which reflect their commitment to establish the Korea-ASEAN Free Trade Area covering trade in goods;
REAFFIRMING their commitment to eliminate duties and other restrictive regulations of commerce on substantially all trade in goods among the Republic of Korea and the ASEAN Member Countries within the specified time frames, while allowing flexibility to them to address their sensitive areas as provided in the Framework Agreement; and RECOGNISING the different stages of economic development among the ASEAN Member Countries and the need for flexibility to be given to the new ASEAN Member Countries, in particular the need to facilitate their increasing participation in the economic cooperation of the Parties and the expansion of their exports, including, inter alia, through strengthening of their domestic capacity, efficiency and competitiveness,
HAVE AGREED as follows:

Article 1: Definitions

For the purposes of this Agreement, unless the context otherwise requires:
Korea means the Republic of Korea;
Korea + AEM means the Minister for Trade of Korea and the Economic Ministers of the ASEAN Member Countries;
applied MFN tariff rates:

• (a) in the case of the ASEAN Member Countries which are WTO members as of 1 January 2005 and Korea, means their respective applied rates as of 1 January 2005; and
• (b) in the case of ASEAN Member Countries which are non-WTO members as of 1 January 2005, refer to the rates as applied to Korea as of 1 January 2005;

In determining the origin of a good eligible for preferential tariff treatment pursuant to Article 5 of this Agreement, the following Rules shall apply:

Rule 1: Definitions

For the purposes of this Annex:
CIF means the value of the good imported, and includes the cost of freight and insurance up to the port or place of entry into the country of importation;
FOB means the free-on-board value of a good, inclusive of the cost of transport from the producer to the port or site of final shipment abroad;
goods shall include materials or products, which can be wholly obtained or produced, even if they are intended for later use as materials in another production process. For the purposes of this Annex, the terms “goods” and “products” can be used interchangeably and the terms “good” and “product” shall be interpreted accordingly;
Harmonized System means the nomenclature of the Harmonized Commodity Description and Coding System defined in the International Convention on the Harmonized Commodity Description and Coding System including all legal notes thereto, as in force and as amended from time to time;
identical and interchangeable materials means materials being of the same kind and commercial quality, possessing the same technical and physical characteristics, and which once they are incorporated into the finished good cannot be distinguished from one another for origin purposes by virtue of any markings, etc.;
materials shall include ingredients, raw materials, parts, components, sub-assemblies used in the production process;
non-originating goods means products or materials that do not qualify as originating under this Annex;
originating goods means products or materials that qualify as originating under this Annex;
packing materials and containers for transportation means the goods used to protect a good during its transportation, different from those materials or containers used for its retail sale;
preferential tariff treatment means tariff concessions granted to originating goods as reflected by the tariff rates applicable under this Agreement;
Product Specific Rules means the rules that specify that the materials have undergone a change in tariff classification or a specific manufacturing or processing operation, or satisfy a regional value content or a combination of any of these criteria;
production means methods of obtaining a good including growing, mining, harvesting, raising, breeding, extracting, gathering, collecting, capturing, fishing, trapping, hunting, manufacturing, producing, processing or assembling a good; and third country means a non-Party or a Party which is not an importing or exporting Party, and the phrase “third countries” shall be interpreted accordingly