Origin and HS classification

"Professional, dedicated and efficient team"

- Chambers & Partners Asia-Pacific

Overview

Origin and HS classifications are, along with customs valuation, the main items of a review in a customs audit and must be reviewed and confirmed prior to a trade transaction. Depending on the HS classification, customs tariff rates and clearance requirements for imported goods are determined; origin is a standard that determines whether or not FTA preferential duties apply and is a precondition for appropriate markings of origin.

Origin determination

Origin refers to the country where imported/exported goods are produced or manufactured. Under customs laws and free trade agreements, import/export may be prohibited or customs tariffs may apply differently according to the origin of imported/exported goods. Accordingly, a process for verifying origin is necessary in the course of clearance procedures. Raw materials from various countries are used in the production of imported/exported goods due to the consolidation of global markets and the development of transportations, and the production process is often carried out in more than two countries, which is why the determination of origin becomes more difficult and international/domestic disputes related have increased.

HS classification

HS classification means systematically classifying imported/exported goods according to the HS Convention and tariff schedule. The customs tariff of the relevant imported goods and import/export clearance requirements are determined based on the HS classification, so the HS classification is a crucial element to any trade transaction. At the same time, the complexity around classification gives rise to civil complaints and legal disputes.

Key Services

Advice on HS classification determinations and origin determinations
Advisory services on review of criteria for HS classification determinations and origin determinations
Representation in filing applications for advance review of HS classification and advance review of origin verification
Advisory services on ruling request filings with relevant government agencies (Korea Customs Service, Ministry of Economy and Finance, Ministry of Commerce, Industry, and Energy, etc.)
Responding to FTA origin verification
Representation in responding to FTA origin verification procedures
Assistance in defending FTA origin verifications and representation in appeals (Tax Tribunal, administrative litigation)
Responding to investigations of origin marking violations
Appeals on corrective orders and administrative fines imposed for violation of origin markings
Representation in responding to criminal proceedings on violation of origin markings

Representative Cases

Represented a Korean oil refining company in a Korea-EU FTA origin verification of oil originating in the North Sea and subsequent appeal to Tax Tribunal
Advised a Korean oil refining company in addressing the validity of origin verification by an agent and subsequently represented them in the Tax Tribunal
Advised a Korean power generator company on HS classification of imported power generating units
Origin verification
Represented a Korean oil refining company in a Korea-EU FTA origin verification of oil originating in the North Sea and subsequent appeal to Tax Tribunal
Advised a Korean oil refining company in addressing the validity of origin verification by an agent and subsequently represented them in the Tax Tribunal
Advised a US exporter on the Korea-Canada FTA origin requirements for ammonium imported via US from Canada
Advised a Korean importer of Chinese parts used in the production of solar modules on origin marking requirements
Advised a Korean tobacco manufacturer on origin verification requirements for leaf tobacco from the Philippines
HS classification
Represented an IT company in litigation involving HS classification of sockets for testing semiconductor devices
Advised a tech company on HS classification of vacuum pumps used in the manufacture of semiconductors
Advised a Korean importer on HS classification and origin requirements of fruit jams from France
Advised a Korean power generator company on HS classification of imported power generating units
Advised a multinational tobacco company on HS classification of e-cigarettes
Advised a U.S. technology company on HS classification of toner cartridges