Rhee, Jin-Woo. "A Study on 'Restrictions as to the Disposition or Use of the Goods' under the Korea Customs Act." The Journal of Korea Research Society for Customs 21, no. 2 (2020): 43-62.
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Under the WTO Customs Valuation Agreement, the basic method for customs valuation is“transaction value”defined in Article 1. However, if that method is applied in all cases, there is a problem that various types of international transactions cannot be reflected. One such example is when goods are imported with a“restrictions as to the disposition or use of the goods”. Korea Customs Act has provisions for those restrictions in Article 30(3) 1. Since it has a different legal structure with the WTO Customs Valuation Agreement, there is a possibility of the Korean customs authorities may impose customs to importers inconsistently with the principles of the WTO Customs Valuation Agreement.
This study compared the Korea Customs Act with the WTO Customs Valuation Agreement, the US Tariff Act of 1930, and the EU Union Customs Code to derive appropriate interpretations about customs valuation method for goods imported with the restriction. In addition, by analyzing related cases of customs disputes, this study identifies what errors the customs authorities and courts in Korea made in applying Article 30(3) 1 of the Korea Customs Act.
On the basis of the above analysis, this study concluded that the Korean customs authorities should thoroughly apply the proviso to Article 30(1) 1 of the Korea Customs Act. In addition, it was suggested that the nature of imported goods or characteristics of the industries and contracts should be considered to exercise of discretionary of Korean customs authorities, and the Korea Customs Act should be revised to provide a basis for the determination that there is no restriction to disposal or use of the goods.
This study emphasized that the application of the Korea Customs Act should be done in accordance with the purpose of the WTO Customs Valuation Agreement. Through this, this study aims to contribute to the achievement of the objectives of the WTO Agreements to resolve the trade barriers, and to prevent the taxpayer"s rights from being infringed by improper customs evaluation.
https://www.dbpia.co.kr/journal/articleDetail?nodeId=NODE09364568