• Title/Summary/Keyword: the rules of origin

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A Study on the Rules of Origin Review and Rules of Origin Judgement (원산지의 제반이론과 규정 분석 그리고 원산지 판정에 관한 연구)

  • Lee, Je-Hong
    • International Commerce and Information Review
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    • v.9 no.2
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    • pp.351-371
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    • 2007
  • This study article is a study on the rules of origin review and rules of origin judgement. and The purpose of this article shall be studies to korea foreign law and Korea American FTA in origin country regulation. this article are two most important elements in determining market access in a FTA. that is the coverage of tariff elimination and rules of origin. The rule of origin in a FTA greatly influences the creation of economic profit and distribution. Therefor, The Result of the article is review to protection of domestic customers and domestic industries in rules of origin. This study contributes to a understanding of judgement of rules of origin and extend level of generalization of exchange law, WTO, FTA Regulations by review interaction relation.

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The Case Study and Its Implication on the Breach of Rules of Origin in FTAs (FTA 원산지규정 위반 판정사례와 시사점)

  • Lee, Young-Soo;Kwon, Soon-Koog
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.493-518
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    • 2011
  • The term rules of origin(RoO) actually speaks for itself, referring to the rules which determine the origin of goods in international trade. The importance of RoO has grown significantly as preferential agreements expand and countries have treated similar imported goods differently according to where the product was made. The purpose of this paper is to study the main case study and its implication of RoO in FTAs. According to survey, the degree of using FTAs in Korea export firms is sharply low. Major reasons are that rules of origin differ from country to country in the FTAs, and that Korean firms have yet to work out what the RoO are. Chapter II of this paper views criteria of the determination country of origin of goods. Chapter III introduces the main case study of FTA rules of origin. Chapter VI presents implication through the case studies and finally concluded this study. In conclusion, Korea needs to build up its own position for rules of origin and provides rules of origin experts into the market. In-depth study and evaluation about Korea's existing FTAs RoO should be carried out to prepare for future FTAs.

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A Study on the Rules of Origin of JSEPA (일본(日本)-싱가포르 자유무역협정(自由貿易協定)(JSEPA)의 원산지규정(原産地規程)에 관한 고찰(考察))

  • Ahn, Byung-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.26
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    • pp.257-283
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    • 2005
  • This study aims at presenting the suggestion for the Korea to make the FTA's rules of origin with Japan and other countries by analyzing JSEPA's rules of origin. It was founded by the investigation of JSEPA's rules of origin, most of the provisions are similar with other FTA's for instance NAFTA, but a little provisions different from other FTA's. It is an appearance from the contracting party's peculiar circumstances such as state of industrial development or future prospect, conditions around international trade. Then, the Korean government have to form and support a commission of FTA from various circles. In that case the commission will mediate conflict and disharmony. Moreover the commission may consider in all FTA's aspects including rules of origin. Consequently Korea will and should have criterions about the rules of origin allowing for peculiar circumstances of Korean economy and international trade.

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The Analysis on Managing Costs of Rules of Origin by Korean Companies in their Application of FTAs (국내기업의 FTA 활용에 따른 원산지 관리비용 분석)

  • CHO, Mee-Jin;LEE, Byung-Mun;SONG, Kyoung-Eun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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    • pp.163-186
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    • 2015
  • This study attempts to analyze the trade costs of domestic firms utilizing the FTAs in terms of burden of expenses in managing the rules of origin. In doing so, we classify the managing costs of FTA rules of origin into three categories (that is, (i) ex ante costs from acquiring necessary information and building the infrastructure in the advance stage before the FTAs, (ii) the actual costs of the origin management in the application stage of FTA preferential treatment, (iii) ex post management cost in the preparation stage of origin verification) and perform a survey on the greater details on each category. Using the comprehensive results from the survey regarding domestic firm's use of FTAs, this paper also discusses the issues related to small and medium-sized firms and addresses the concerns involved with their managing costs of FTA rules of origin. Importantly, this paper emphasizes the importance of government supports to reduce inefficiency induced by the additional costs that domestic firms face in their use of FTAs and proposes the various policy implications regarding the managing costs of rules of origin.

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A Comparative Study on Rules of Origin of FTA signed by Korea and China (한·중 각국이 체결한 FTA협정의 원산지 규정 비교 연구)

  • Kim, Hyoung-Cheol;Kim, Hee-Cheol;La, Kong-Woo
    • Korea Trade Review
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    • v.41 no.1
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    • pp.139-158
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    • 2016
  • In this study, we analyze South Korea and China have already concluded FTA rules of origin. By comparison and analysis of the relevant provisions in the country of origin of signed FTA, we obtained the necessary implications of origin on the FTA negotiations that will be concluded in the future. FTA between Korea and China's opening level is much lower than the already concluded FTA's, and Korea and the ASEAN FTA has already been signed with similar concessions. However, in understanding the rules of origin in China, it is important for us that China is the first trading partner of the trade. Korean companies are well aware of the rules of origin in China, and it should be noted to prevent damage caused due to the rules of origin in the process of expanding trade with the Contracting Parties.

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A Study on the Improvement of Rules of Origin in the Korea Foreign Trade Act in the Global Trade Circumstances (국제무역환경 변화에 따른 대외무역법 원산지제도의 개선방안에 관한 연구)

  • Park, Kwang-So;Lee, Byung-Mun;Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.41
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    • pp.267-292
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    • 2009
  • It is a right time to improve the Korea Foreign Trade Act(KFTA) as a fundamental law on Rules of Origin(RoO) in the global trade circumstances which are summarized FTA and WTO. The KFTA's RoO constitutes the labelling system of the Country of Origin, the criterion of it, the issuing of certificate of origin and the punishing offender mainly around the importing goods. This study has focused on the problems of KFTA's RoO at the macro and practical level, and proposed the programs to improve the KFTA's RoO about importing, exporting and domestic production goods. KFTA need to create a purpose clause to protect consumers and industries also, and has to be located a general and top position in the RoO of Korea. In the concrete, the labelling system of the Country of Origin has to set limited in the point of minimum necessity view. The criterion of the Country of Origin also has to improve the wholly obtained criterion, the changing in tariff classification criterion, value added criterion and processing operation criterion to harmonize WTO Rules of Origin and FTA Rules of Origin. The punishment ceiling against offender has to raise to guarantee the effectiveness of RoO.

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A Study on the Implication and Comparative Analysis of Criteria to Determine Origin under Korea's FTA with USA, EU and ASEAN (한국의 주요 FTA별 원산지 결정기준의 비교와 시사점)

  • Jung, Jae-Woo;Lee, Kil-Nam
    • 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.

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A Comparative Analysis on the Arrangement of Rules of the Origin of Steel Products in Korea's Major FTAs (우리나라 주요 FTA의 철강재 원산지 규정 협상에 대한 비교 분석)

  • Lee, Seoung-Taek
    • Korea Trade Review
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    • v.44 no.5
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    • pp.127-142
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    • 2019
  • As Korea's steel industry exports 38 percent of its total steel production, the future management environment of the steel industry will change depending on the outcome of the FTA negotiations. The overall industrial structure of the domestic steel industry depends on the rules of origin, which are directly linked to the effect of concessionary tariffs. Therefore, negotiations on rules of origin are as important as tariff liberalization for Korea's steel industry. Korea's cold-rolled and plated companies are expected to be negatively affected as the country of origin standards of steel products have not considered the steel production processes in Korea. In future FTA talks, the country of origin rules should be agreed on a change of tariff classification basis. This result would secure a stable export market through increased predictability of steelmakers and reduce the risk of increased costs of oil and intangible products. In addition, the government should consider the structure of domestic supply and demand so that it does not impose constraints on the change of tariff classification. Finally, participants in the negotiations should consider the opinions of the domestic steel industry.

The effects of family of origin variables on marital conflict (원가족변인이 부부갈등에 미치는 영향)

  • 정문자;이종원
    • Journal of the Korean Home Economics Association
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    • v.41 no.3
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    • pp.147-164
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    • 2003
  • The purpose of this study was to investigate the effects of the family of origin variables on marital conflict. Seventy five married couples living together for less than 10 years were chosen from Seoul and Suwon cities. These subjects completed Korean Version of Family Adaptability and Cohesion Evaluation Scale Ⅱ, Individual Separation Scale, Family Rules Scale, Korea Certificated Egogram, and Marital Conflict Scale. The data were analyzed using descriptive statistics, paired-t test, and hierarchical regressions. The results were as follows: First, husbands and wives were different from each other in triangulation, family rules from family of origin and marital conflict. While husbands felt more strongly about their family rules than wives, wives perceived triangulation, and marital conflict higher than husbands. Second, husbands' controlling ego state, individuation, and family rules explained sixteen percents of husbands' marital conflict. Statistically speaking husbands' controlling ego state positively influenced on husbands' marital conflict. However, both of husbands' and wives' controlling ego states explained twelve percents of wives' marital conflict, and husbands' controlling ego state was statistically significant.

A Study on the Rules of Origin of Outward Processing and Its Implication - focused on the EU CCC and Origin Protocol - (EU 역외가공규정의 주요 내용과 한-EU FTA에 대한 시사점 - EU CCC and Origin Protocol 역외가공규정을 중심으로 -)

  • Ahn, Jae-Jin
    • International Commerce and Information Review
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    • v.9 no.2
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    • pp.205-230
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    • 2007
  • In modern manufacturing practice it is sometimes necessary to send products to another country for special processing which cannot be performed inside the territory of the zone and Outward Processing(OP) covers such situation. What's more, process and Rules of Origin(RoO) of OP is implicated in Korea' Free Trade Agreement(Korea-Singapore, Korea-EFTA and Korea-Asean FTA) because of the goods to be producted in Kaesong Industrial Complex. Thus, In this paper analyse a implication of OP's process and RoO focused on the two fold : (1) provide an overview of the objectives, types, effects of Outward Processing described in customs law and FTA provisions of EU and Korea; (2) present a comparative analysis of EU and Korean rules; (3) offer an appropriate proposal to Korea-EU FTA negotiation.

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