중국 체결 FTA의 직접운송원칙 적용에 관한 연구

Abstract

A Study on the Application of Direct Transport Rule under the Chinese FTAs

BINGSEN ZHAO

Department of International Commerce ＆ Logistics Graduate School, Pukyong National University

ABSTRACT

The direct transport rule is an important part of FTA rules of origin. In principle, only goods that are transported directly between the parties may apply for preferential tariffs. However, if it is transported through a third country, due to geographical reason or transportation requirement, it shall also be regarded as direct transport. In this case, no other process should be undertaken to keep the goods in good condition. China and Korea have different FTA direct transport principles with different countries. The area with the most noticeable differences are the time allowed to stay in the third country. The areas with the most noticeable differences relate to the time allowed to stay in the third country. The FTA that China constructed stipulates that the period of stay allowed through the third country is strictly regulated. However, the FTAs made by the Republic of Korea did not strictly stipulate about the period of stay through the third country except for the Korea-China FTA. Korean exporters and importers should pay special attention to time limitations on imports and exports to China. In terms of the document requirements for the FTAs, the obligations of document submissions by the Republic of Korea vary greatly, and the obligations of China to submit documents are relatively unified. Although the number of FTA agreements that specify the requirements for document submission is low in Korea, there is a specific feature in the submission documents. In the Chinese case analysis, it was found that shippers need to pay attention to the following points in order to adhere to the direct transport rule. First, Customs in Hong Kong and Customs inland in China should be regarded as different customs. Careful attention should be paid to the possibility of violating the principle of direct transport when passing through Hong Kong. Second, in the case of Chinese customs, the interpretation of the principle of direct transportation may vary depending on the person in charge or the region. It may also be different depending on the recognition of the seniority of each customs officer, the recognition of his successor, and subjective perception. Since the regulatory content does not cover all situations and is interpreted by the person, the parties must thoroughly prepare the documents.