Title

FREE TRADE AGREEMENT BETWEEN NEW ZEALAND AND THE REPUBLIC OF KOREA

Preamble

The Government of New Zealand (hereinafter referred to as "New Zealand") and the Government of the Republic of Korea (hereinafter referred to as "Korea") (hereinafter collectively referred to as "the Parties" and individually as "a Party"):
Reinforcing the longstanding ties of friendship and co-operation between them;
Envisaging that a free trade area will create an expanded and secure market for goods and services in their territories; and
clear and transparent rules governing their trade; as well as
a stable and predictable environment for business planning and investment, thus enhancing the competitiveness of their firms in global markets;
Encouraging a closer economic partnership that will bring economic and social benefits, create new employment opportunities, and improve living standards for their people;
Seeking to reduce or eliminate the barriers to trade and investment between them, and to avoid creating new barriers to trade or investment between their territories that could reduce the benefits of this Agreement;
Desiring to strengthen a mutually beneficial co-operative framework to foster creativity and innovation, protect intellectual property rights, and promote stronger linkage in and between dynamic sectors of their economies; Recognising that expanding the economic relationship can assist in promoting sustainable development in its economic, social and environmental dimensions;
Recognising the desire to enhance their co-operation on labour and environmental matters of mutual interest;
Recognising their right to regulate, and to introduce new regulations on the supply of goods, services and investment in order to meet government policy objectives, and preserving their flexibility to safeguard the public welfare;
Building on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization and other multilateral, regional, and bilateral agreements and arrangements to which both Parties are party;
Committed to the Asia-Pacific Economic Cooperation (APEC) goals and principles, and to furthering the Parties' economic leadership in the Asia Pacific region, in particular by seeking to reduce barriers to trade and investment in the region; and
Recognising the continued importance of working together to support the wider multilateral and regional economic liberalisation processes under way, and the contributions these processes can make to the Parties' economic growth; Have agreed as follows:

Body

Chapter 1. Initial Provisions and Definitions

Article 1.1. Establishment of the Free Trade Area

Consistent with Article XXIV of GATT 1994 and Article V of GATS, the Parties hereby establish a free trade area.

Article 1.2. Relation to other Agreements

1. Each Party affirms its existing rights and obligations with respect to each other under existing bilateral and multilateral agreements to which both Parties are party, including the WTO Agreement.
2. Unless otherwise provided in this Agreement, in the event of any inconsistency between this Agreement and other agreements to which both Parties are party, the Parties shall immediately consult with each other with a view to finding a mutually satisfactory solution in accordance with customary rules of public international law. (1)

Article 1.3. Extent of Obligations

Each Party is fully responsible for the observance of all provisions in this Agreement and shall take such reasonable measures as may be available to it to ensure their observance by regional and local government and authorities.

Article 1.4. Audio-visual Co-production

1. The Parties recognise that audio-visual co-productions, including films, animation and broadcasting programmes, can significantly contribute to the development of the audio-visual industry and to the intensification of cultural and economic exchanges between them.
2. The Parties hereby agree on the Agreement between the Republic of Korea and New Zealand concerning Audio-Visual Co-Production, which is annexed to this Agreement. 1 For the purposes of the application of this Agreement, the Parties agree that the fact that an agreement provides more favourable treatment of goods, services, investments, or persons than that provided for under this Agreement does not mean that there is an inconsistency within the meaning of this paragraph.

Article 1.5. Definitions

For the purposes of this Agreement, unless otherwise specified: Agreement means the Free Trade Agreement between the Republic of Korea and New Zealand;
Agreement on Agriculture means the Agreement on Agriculture, in Annex 1A to the WTO Agreement;
Anti-dumping Agreement means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, in Annex 1A to the WTO Agreement;
APEC means the Asia-Pacific Economic Cooperation; covered investment means, with respect to a Party, an investment, as defined in Chapter 10 (Investment), in its territory of an investor of the other Party that is in existence as of the date of entry into force of this Agreement or established, acquired, or expanded thereafter; customs administration means: (a) for Korea, the Ministry of Strategy and Finance and the Korea Customs Service (KCS), or its respective successor; and (b) for New Zealand, the New Zealand Customs Service, or its successor;
customs duty includes any duty or charge of any kind imposed on, or in connection with, the importation of a good of the other Party, including any form of surtax or surcharge imposed on or in connection with such importation, but does not include any:
(a) charge equivalent to an internal tax imposed consistently with Article III:2 of GATT 1994, or any equivalent provision of a successor agreement to which both Parties are party;
(b) anti-dumping, countervailing or safeguard duties applied consistently with WTO obligations and the provisions of this Agreement; or
(c) fee or other charge in connection with importation commensurate with the cost of the service rendered; Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, in Annex 1A to the WTO Agreement; days means calendar days;
enterprise means any entity constituted or organised under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including any corporation, trust, partnership, sole proprietorship, joint venture, association, or similar organisation; enterprise of a Party means an enterprise constituted or organised under a Party`s law;
existing means in effect on the date of entry into force of this Agreement;
freely usable currency means "freely usable currency" as determined by the International Monetary Fund under its Articles of Agreement;
GATS means the General Agreement on Trade in Services, in Annex 1B to the WTO Agreement; GATT 1994 means the General Agreement on Tariffs and Trade 1994, in Annex 1A to the WTO Agreement;
goods of a Party means domestic products as these are understood in GATT 1994 or such goods as the Parties may agree and includes originating goods of a Party;
HS Code or Harmonized System means the Harmonized Commodity Description and Coding System established by the International Convention on the Harmonized Description and Coding System signed at Brussels on 14 June 1983, as amended;
Import Licencing Agreement means the Agreement on Import Licencing Procedures, in Annex 1A to the WTO Agreement;
Joint Commission means the Joint Commission established under Chapter 18 (Institutional Provisions); measure includes any law, regulation, procedure, requirement, or practice; measures adopted or maintained by a Party means any measure of a Party taken by:
(a) central, regional or local governments or authorities; and
(b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities; national means a natural person who is:
(a) for Korea, a Korean national within the meaning of the Nationality Act, or its successor legislation; and
(b) for New Zealand, a New Zealand national or a permanent resident under its laws. originating means qualifying under the rules of origin set out in Chapter 3 (Rules of Origin and Origin Procedures);
person means a natural person or an enterprise;
preferential tariff treatment means the customs duty rate applicable to an originating good, pursuant to the Parties' respective Tariff Schedules set out in Annex 2-A (Tariff Schedule);
Safeguards Agreement means the Agreement on Safeguards, in Annex 1A to the WTO Agreement; sanitary or phytosanitary measure means any measure referred to in paragraph 1 of Annex A to the SPS Agreement;
SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures, in Annex 1A to the WTO Agreement;
state enterprise means an enterprise that is owned, or controlled through ownership interests, by a Party;
TBT Agreement means the Agreement on Technical Barriers to Trade, in Annex 1A to the WTO Agreement;
territory means:
(a) for Korea, the land, maritime, and air space under its sovereignty, and those maritime areas, including the seabed and subsoil adjacent to and beyond the outer limit of the territorial seas over which it may exercise sovereign rights or jurisdiction in accordance with international law and its law; and
(b) for New Zealand, the territory of New Zealand and the Exclusive Economic Zone, seabed and subsoil over which it exercises sovereign rights with respect to natural resources in accordance with international law, but does not include Tokelau;
TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, in Annex 1C to the WTO Agreement;
WTO means the World Trade Organization; and WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994.

Chapter 2. Market Access for Goods

Article 2.1. Definitions

For the purposes of this Chapter:
advertising films and recordings means recorded visual media or audio materials, consisting essentially of images and/or sound, showing the nature or operation of goods or services offered for sale or lease by a person established or resident in the territory of a Party, provided that such materials are of a kind suitable for exhibition to prospective customers but not for broadcast to the general public;
commercial samples of negligible value means commercial samples having a value, individually or in the aggregate as shipped, of not more than the amount specified in a Party's laws, regulations or procedures governing temporary admission, or so marked, torn, perforated, or otherwise treated that they are unsuitable for sale or use except as commercial samples;
consular transactions means requirements that goods of a Party intended for export to the territory of the other Party must first be submitted to the supervision of the consul of the importing Party in the territory of the exporting Party for the purposes of obtaining consular invoices or consular visas for commercial invoices, certificates of origin, manifests, shippers' export declarations, or any other customs documentation required on or in connection with importation; duty-free means free of customs duty;
goods intended for display or demonstration includes their component parts, ancillary apparatus, and accessories;
goods temporarily admitted for sports purposes means sports requisites for use in sports contests, demonstrations, or training in the territory of the Party into whose territory such goods are admitted;
import licensing means an administrative procedure requiring the submission of an application or other documentation (other than that generally required for customs clearance purposes) to the relevant administrative body as a prior condition for importation into the territory of the importing Party; and
printed advertising materials means those goods classified in Chapter 49 of the HS Code, including brochures, pamphlets, leaflets, trade catalogues, yearbooks published by trade associations, tourist promotional materials, and posters, that are used to promote, publicise, or advertise a good or service, are essentially intended to advertise a good or service, and are supplied free of charge.

Article 2.2. Scope and Coverage

Except as otherwise provided in this Agreement, this Chapter applies to trade in all goods between the Parties.

Section A. National Treatment

Article 2.3. National Treatment

Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of GATT 1994, including its interpretive notes, and to this end Article III of GATT 1994 and its interpretive notes are incorporated into and made part of this Agreement, mutatis mutandis.

Section B. Elimination of Customs Duties

Article 2.4. Elimination of Customs Duties

1. Except as otherwise provided in this Agreement, neither Party shall increase any existing customs duty, or adopt any new customs duty, on an originating good of the other Party.
2. Except as otherwise provided in this Agreement, each Party shall progressively eliminate its customs duties on originating goods of the other Party in accordance with its Schedule in Annex 2-A.
3. If at any moment a Party reduces its applied most-favoured-nation (hereinafter referred to as "MFN") customs duty rate after the date of entry into force of this Agreement, that duty rate shall apply as regards trade covered by this Agreement if and for as long as it is lower than the customs duty rate calculated in accordance with its Schedule in Annex 2-A.
4. On the request of either Party, the Parties shall consult to consider accelerating the elimination of customs duties on originating goods as set out in their Schedules in Annex 2-A. An agreement by the Parties to accelerate the elimination of customs duties on originating goods shall supersede any duty rate determined pursuant to their Schedules in Annex 2-A for such goods and shall enter into force following approval by each Party in accordance with Chapter 18 (Institutional Provisions) and their respective applicable legal procedures.
5. For greater certainty, a Party may raise a customs duty to the level established in its Schedule in Annex 2-A following a unilateral reduction.
6. A Party may at any time accelerate unilaterally the elimination of customs duties on originating goods of the other Party set out in its Schedule in Annex 2-A. A Party considering doing so shall announce (1) its intention to do so as early as practicable before the new rate of customs duty takes effect.

Article 2.5. Temporary Admission of Goods

1. Each Party shall grant customs duty-free temporary admission for the following goods, regardless of their origin:
(a) professional equipment, including equipment for the press or television, software, and broadcasting and cinematographic equipment, necessary for carrying out the business activity, trade, or profession of a person who qualifies for temporary entry pursuant to the laws of the importing Party;
(b) goods intended for display or demonstration;
(c) commercial samples and advertising films and recordings; and
(d) goods admitted for sports purposes, including racing or other similar events.
2. Each Party shall, on the request of the person concerned and for reasons its customs administration considers valid, extend the time limit for temporary admission beyond the period initially fixed.
3. Neither Party shall condition the duty-free temporary admission of goods referred to in paragraph 1, other than to require that such goods:
(a) be used solely by or under the personal supervision of a national or resident of the other Party in the exercise of the business activity, trade, profession, or sport of that person;
(b) not be sold, leased, disposed of, or transferred while in its territory;
(c) be accompanied by a security which is consistent with the importing Party's obligations under the international customs conventions to which it has acceded;
(d) be capable of identification when imported and exported;
(e) be exported on or before the departure of the person referenced in subparagraph (a), or within such other period related to the purpose of the temporary admission as the Party may establish, or within one year, unless extended;
(f) be admitted in no greater quantity than is reasonable for its intended use; and
(g) be otherwise admissible into the Party's territory under its domestic laws.
4. If any condition that a Party imposes under paragraph 3 has not been fulfilled, the Party may apply the customs duty and any other charge that would normally be owed on the good plus any other charges or penalties provided for under its domestic laws.
5. Each Party, through its customs administration, shall adopt procedures providing for the expeditious release of goods admitted under this Article. To the extent possible, such procedures shall provide that when such a good accompanies a national or resident of the other Party who is seeking temporary entry, the good shall be released simultaneously with the entry of that national or resident.
6. Each Party shall permit a good temporarily admitted under this Article to be exported through a customs authorised point of departure other than that through which it was admitted.
7. Each Party shall relieve the importer or other person responsible for a good admitted under this Article of liability for failure to export a temporarily admitted good on presentation of satisfactory proof to the importing Party that the good has been destroyed within the original period fixed for temporary admission or any lawful extension. 

Article 2.6. Goods Re-entered after Repair or Alteration

1. Neither Party shall apply a customs duty to a good, regardless of its origin, that reenters its territory after that good has been temporarily exported from its territory to the territory of the other Party for repair or alteration, regardless of whether the repair or alteration:
(a) could be performed in the territory of the Party from which the good was exported for repair or alteration; or
(b) has increased the value of the good.
2. Neither Party shall apply a customs duty to a good, regardless of its origin, admitted temporarily from the territory of the other Party for repair or alteration.
3. For the purposes of this Article, "repair or alteration" does not include an operation or process that:
(a) destroys a good's essential characteristics or creates a new or commercially different good; or
(b) transforms an unfinished good into a finished good.

Article 2.7. Duty-free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials

With the exception of tobacco products, each Party shall grant customs duty-free entry to commercial samples of negligible value, and to printed advertising materials, imported from the territory of the other Party, regardless of their origin, but may require that:
(a) such samples be imported solely for the solicitation of orders for goods, or services provided from the territory, of the other Party or a non-Party; or
(b) such advertising materials be imported in packets that each contain no more than one copy of each such material and that neither the materials nor the packets form part of a larger consignment.

Article 2.8. Import and Export Restrictions

1. Except as otherwise provided in this Agreement, neither Party shall adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretative notes are incorporated into and made a part of this Agreement, mutatis mutandis.
2. Neither Party shall, as a condition for engaging in importation or for the importation of a good, require a person of the other Party to establish or maintain a contractual or other relationship with a distributor in its territory.
3. For greater certainty, paragraph 2 does not prevent a Party from requiring a person referred to in that paragraph to designate an agent for the purposes of facilitating communications between its regulatory authorities and that person. 4. For the purposes of paragraph 2, "distributor" means a person of a Party who is responsible for the commercial distribution, agency, concession, or representation in the territory of that Party of goods of the other Party.
5. Where a Party proposes to adopt an export prohibition or restriction on foodstuffs or energy and mineral resources in accordance with paragraph 2(a) of Article XI of GATT 1994, the Party shall:
(a) seek to limit such proposed prohibition or restriction to the extent necessary, giving due consideration to its possible effects on the other Party's foodstuffs or energy and mineral resources security;
(b) publish, as far in advance as practicable, information to the other Party of such proposed prohibition or restriction and its reasons together with its nature and expected duration; and
(c) on request, provide the other Party with a reasonable opportunity for consultation with respect to any matter related to the proposed prohibition or restriction.

Article 2.9. Non-tariff Measures

1. Further to Chapter 17 (Transparency), the Parties recognise the importance of ensuring the transparency of non-tariff measures permitted in Article 2.8.1 and that any such measures should not create an unnecessary obstacle to trade between the Parties.
2. To this end, the Committee on Trade in Goods established under Article 2.15 shall, when a Party identifies a specific non-tariff measure, review that measure. The Committee on Trade in Goods shall review the non-tariff measure only after either Party objectively demonstrates that the relevant co-ordination mechanism, technical meeting, committee or working group, if any, that is most closely related to such a measure has failed to produce a satisfactory resolution within a reasonable period of time.
3. The Committee on Trade in Goods shall, for the non-tariff measure referred to in paragraph 2 consider approaches that may better facilitate trade between the Parties and present to the Parties the results of its consideration, including any recommendations, preferably within 12 months. If necessary, the results of the consideration and recommendations of the Committee on Trade in Goods shall be submitted to the next meeting of the Joint Commission for consideration or action.

Article 2.10. Import Licensing

1. Neither Party shall adopt or maintain a measure that is inconsistent with the Import Licensing Agreement. (2)
2. Promptly after this Agreement enters into force, each Party shall notify the other Party of its existing import licensing procedures, if any. The notification shall:
(a) include the information specified in Article 5 of the Import Licensing Agreement; and
(b) be without prejudice as to whether the import licensing procedure is consistent with this Agreement.
3. Before applying any new or modified import licensing procedure, a Party shall publish the new procedure or modification on an official government website or in a single official journal. To the extent possible, the Party shall do so at least 20 days before the new procedure or modification takes effect.
4. Neither Party shall apply an import licensing procedure to a good of the other Party unless the Party has complied with the requirements of paragraphs 2 and 3 with respect to that procedure.
5. Each Party shall answer promptly and to the extent possible all reasonable enquiries from the other Party concerning the granting and denying of import licences, including in relation to the criteria employed. The importing Party shall also consider publication of such criteria.
6. Where a Party has denied an import license application in relation to trade in goods between the Parties, it shall, on the request of the applicant and within a reasonable period of receiving that request, explain the reasons for denying the application.

Article 2.11. Administrative Fees and Formalities

1. Each Party shall ensure that fees, charges, formalities and requirements imposed in connection with the importation and exportation of goods are consistent with Article VIII:1 of GATT 1994 and its interpretive notes.
2. Neither Party shall require consular transactions, including related fees and charges, in connection with the importation of any good of the other Party.
3. Each Party shall make available and maintain through the internet a current list of the fees and charges it imposes in connection with importation or exportation.

Article 2.12. Export Duties, Taxes, or other Charges

Neither Party shall adopt or maintain any duty, tax, or other charge on the export of any good to the territory of the other Party, unless the duty, tax, or charge is also adopted or maintained on the good when destined for domestic consumption.

Section E. Administration and Implementation of Tariff-Rate Quotas

Article 2.13. Administration and Implementation of Tariff-rate Quotas

1. Each Party shall implement and administer the tariff-rate quotas (hereinafter referred to as "TRQ") set out in Appendix 2-A-1 in accordance with Article XIII of GATT 1994, including its interpretive notes, and the Import Licensing Agreement.
2. Each Party shall ensure its procedures for administering its TRQs are transparent, made available to the public, timely, non-discriminatory, responsive to market conditions, minimally burdensome to trade, and reflect end-user preferences.
3. Any enterprise or person of a Party that fulfils the importing Party's legal and administrative requirements shall be eligible to be considered for a quota allocation under the Party's TRQs.
4. Over the course of each year, the importing Party's administering authority shall publish, in a timely fashion on its designated publicly available website, utilisation rates and remaining available quantities for each TRQ. If either Party uses a first-come, first-served at the border administration method, it shall publish, within 10 days, that the TRQ has been filled. 5. Each Party shall identify the entity or entities responsible for administering its TRQs and promptly notify the other Party of any amendments to the entity or entities.
6. Each Party shall notify the other Party of any new or modified administration of a TRQ established in Appendix 2-A-1 prior to its application. On the written request of a Party, the Parties shall exchange information or initiate consultations promptly regarding a Party's administration of its TRQs to arrive at a mutually satisfactory agreement on administration. The Parties shall consider prevailing supply and demand conditions in the consultations.
7. Except as otherwise provided in Appendix 2-A-1, each Party shall make the entire quota quantity established in the Appendix available to quota applicants beginning on the date the Agreement enters into force during the first year, and on the first business day of each year thereafter.
8. If either Party uses a first-come, first-served at the border administration method, the over-quota tariff rates shall not be applied to products en-route prior to the importing Party's authorities having reported the tariff quota as being filled under paragraph
4. Such products shall have a contract settled during the quota year in question. Products en-route shall be counted in the TRQ volumes for the subsequent calendar year.

Section F. Agricultural Safeguard Measures

Article 2.14. Agricultural Safeguard Measures

1. Notwithstanding Article 2.4, a Party may apply a safeguard measure, in the form of a higher import duty on an originating agricultural good listed in that Party's Schedule in Annex 2-B, if the aggregate volume of imports of that good in any year exceeds a trigger level as set out in Annex 2-B.
2. The duty under paragraph 1 shall not exceed the lesser of:
(a) the prevailing MFN applied rate;
(b) the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement; or
(c) the duty rate set out in Annex 2-B.
3. Neither Party shall apply or maintain an agricultural safeguard measure under this Article and at the same time apply or maintain, with respect to the same good:
(a) a safeguard measure under this Agreement;
(b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement; or
(c) an Agriculture Safeguard measure taken under the Agreement on Agriculture.
4. A Party shall maintain an agricultural safeguard measure under this Section only until the end of the calendar year in which it applies the measure.
5. A Party shall implement any agricultural safeguard measure in a transparent manner. Within 60 days after applying a measure, the Party applying the measure shall notify the other Party in writing and provide it with relevant data concerning the measure. On the written request of the other Party, the Party applying the measure shall consult with the Party whose good is subject to the measure regarding the application of the measure. A Party shall ensure that the remaining volume of imports available before application of the safeguard is published regularly in a manner which is readily accessible to the other Party and traders.
6. A good which is en-route on the basis of a contract settled before the agricultural safeguard measure is applied shall be exempted from the application of the safeguard measure provided that it may be counted in the volume of imports of the good in question during the following calendar year for the purposes of triggering the provisions of paragraph 1 in that calendar year.
7. The implementation and operation of this Article may be the subject of discussion and review in the Committee on Trade in Goods established under Article 2.15.

Section G. Institutional Provisions

Article 2.15. Committee on Trade In Goods

1. The Parties hereby establish a Committee on Trade in Goods (hereinafter referred to as "the Committee"), comprising representatives of each Party.
2. The Committee shall meet on the request of a Party or the Joint Commission to consider any matter arising under this Chapter, or Chapter 7 (Trade Remedies). Meetings of the Committee may be conducted in person or via teleconference, via video-conference or through any other means mutually determined by the Parties.
3. The Committee's functions shall include:
(a) promoting trade in goods between the Parties, including through consultations on accelerating tariff elimination under this Agreement and other issues as appropriate;
(b) reviewing implementation of the Chapters referred to in paragraph 2;
(c) addressing tariff and non-tariff barriers to trade in goods between the Parties; and
(d) where appropriate, referring matters considered by the Committee to the Joint Commission.

Article 2.16. Contact Points and Consultations

1. Each Party shall designate a contact point to facilitate communication between the Parties on any matter relating to this Chapter.
2. Where a Party considers that any proposed or actual measure of the other Party may materially affect trade in goods between the Parties, that Party may, through the contact point, request detailed information relating to that measure and, if necessary, request consultations with a view to resolving any concerns about the measure. The other Party shall respond promptly to such requests for information and consultations.

Chapter 3. Rules of Origin and Origin Procedures

Section A. Rules of Origin

Article 3.1. Definitions

For the purposes of this Chapter: aquaculture means the farming of aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from seed stock such as eggs, fry, fingerlings and larvae, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding or protection from predators;
CIF value means the value of an imported good at the time of importation, inclusive of freight, insurance, packing and other costs incurred in transporting the good to the importation port;
exporter means a person located in the territory of a Party from where a good is exported by such a person;
FOB means the free-on-board value of a good, inclusive of the cost of transport to the port or site of final shipment abroad;
Generally Accepted Accounting Principles means recognised consensus or substantial authoritative support given in the territory of a Party with respect to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of financial statements.
Generally Accepted Accounting Principles may encompass broad guidelines for general application, as well as detailed standards, practices, and procedures;
good means any merchandise, product, article, or material;
identical and interchangeable goods and materials means goods and materials of the same kind and commercial quality, possessing the same technical and physical characteristics, and which cannot be distinguished from one another by a mere visual examination for origin purposes; material means a good that is used or consumed in the production of, or physically incorporated into, another good;
material that is self-produced means a material that is produced by a producer of a good and used or consumed in the production of that good;
non-originating good or non-originating material means a good or material that does not qualify as originating under this Chapter;
origin declaration means an appropriate statement as to the origin of the goods made by the exporter or producer; producer means a person who engages in the production of a good in the territory of a Party; and
production means methods of obtaining goods, including growing, mining, harvesting, fishing, breeding, raising, trapping, hunting, manufacturing, cultivating, extracting, gathering, collecting, capturing, farming, processing, or assembling a good.

Article 3.2. Originating Goods

For the purposes of this Agreement, a good shall be treated as originating if it meets all the applicable requirements of this Chapter and:
(a) is wholly obtained or produced within the meaning of Article 3.3;
(b) is produced entirely in the territory of one or both of the Parties using non-originating material that conforms to a change in tariff classification, a Regional Value Content (as provided for in Article 3.4) or other requirements as specified in Annex 3-A; or
(c) is produced entirely in the territory of one or both of the Parties, exclusively from originating materials.

Article 3.3. Wholly Obtained or Produced Goods

For the purposes of Article 3.2(a) the following goods shall be considered as wholly obtained or produced:
(a) minerals and other naturally occurring substances taken or extracted from the territory of a Party;
(b) plant and plant goods, including fruit, flowers, vegetables, trees, seaweed, fungi and live plants, grown and harvested, picked or gathered in the territory of a Party;
(c) live animals born and raised in the territory of a Party;
(d) goods obtained from live animals born and raised in the territory of a Party;
(e) goods obtained from hunting, trapping, fishing, aquaculture, gathering, or capturing conducted within the land, internal waters and territorial sea of a Party;
(f) goods of sea-fishing and other marine life taken from the Exclusive Economic Zone of a Party under that Party's applicable law, or from the high seas in accordance with international law, by a vessel registered or recorded with a Party and entitled to fly the flag of that Party;
(g) goods produced on board a factory ship from the goods referred to in subparagraph (f), provided such factory ship is registered or recorded with a Party and entitled to fly its flag;
(h) goods other than goods of sea-fishing and other marine life, taken or extracted from the seabed, ocean floor, or subsoil, outside the territory of one or both of the Parties by a Party or a person of a Party, provided that the Party or person of the Party has rights to exploit that seabed, ocean floor, or subsoil in accordance with Part XI of the United Nations Convention on the Law of the Sea;
(i) waste and scrap derived from:
(i) production or consumption in the territory of a Party provided that such waste and scrap is fit only for the recovery of raw materials; or
(ii) used goods collected in the territory of a Party provided that such goods are fit only for the recovery of raw materials;
(j) goods collected from the territory of a Party which can no longer perform their original purpose nor are capable of being restored or repaired and are fit only for disposal or recovery of parts or raw materials; or
(k) goods produced entirely in the territory of a Party exclusively from goods referred to in this Article or from their derivatives.

Article 3.4. Regional Value Content

1. Where Annex 3-A provides for a regional value content requirement, the formula for calculating the regional value content shall be either:
(a) Build-down formula
RVC = FOB-VNM x 100
                 FOB
(b) Build-up formula
RVC =VOM x 100
               FOB
where,
RVC is the regional value content, expressed as a percentage;
FOB is the free-on-board value of the good as defined in Article 3.1;
VNM is the value of non-originating materials, other than indirect materials, acquired and used by the producer in the production of the good;
VNM does not include the value of a material that is self-produced; and VOM is the value of originating materials.
2. All costs considered for the calculation of regional value content shall be based on the Generally Accepted Accounting Principles applicable in the territory of the Party where the good is produced.
3. When an originating good is used in the subsequent production of another good, no account shall be taken of the non-originating materials contained in the originating good for the purposes of determining the originating status of the subsequently produced good.
4. When a non-originating good is used in the subsequent production of another good, an account shall be taken only of the non-originating materials contained in the non-originating good for the purposes of determining the originating status of the subsequently produced good.

Article 3.5. Value of Materials

1. The value of the materials shall be:
(a) for a material imported directly by the producer of a good: the CIF value at the time of importation of the material;
(b) for a material acquired by the producer in the territory where the good is produced: the transaction value; or
(c) for a self-produced material or where the relationship between the producer of the good and the seller of the material influence the price actually paid or payable for the material: the sum of all costs incurred in the production of the material, including general expenses. Additionally, it will be possible to add an amount for profit equivalent to the profit added in the normal course of trade.
2. For originating materials, the following expenses, where not included under paragraph 1, may be added to the value of the material:
(a) the costs of freight, insurance, packing, and all other costs incurred in transporting the material within a Party's territory or between the territories of the Parties to the location of the producer;
(b) duties, taxes, and customs brokerage fees on the material paid in the territory of one or both of the Parties, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable; and
(c) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or by-product.
3. For non-originating materials, the following expenses, where included under paragraph 1, may be deducted from the value of the material:
(a) the costs of freight, insurance, packing, and all other costs incurred in transporting the material within a Party's territory or between the territories of the Parties to the location of the producer;
(b) duties, taxes, and customs brokerage fees on the material paid in the territory of one or both of the Parties, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable;
(c) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or by-product; and
(d) the cost of originating materials used in the production of the non-originating material in the territory of a Party. (1)
4. The values referred to above shall be determined pursuant to the Customs Valuation Agreement. The principles of the Customs Valuation Agreement shall apply to domestic transactions, with such modifications as may be required by the circumstances, as would apply to international transactions.

Article 3.6. Accumulation

1. Originating goods or materials of a Party, incorporated into a good in the territory of the other Party, shall be considered as originating in the territory of the other Party.
2. A good is originating where the good is produced in the territory of one or both of the Parties by one or more producers, provided that the good satisfies the requirements in Article 3.2 and all other applicable requirements in this Chapter. 1 For greater certainty and for the purposes of Articles 3.5.2(a) and 3.5.3(a) "costs of freight" includes the costs of all types of freight, including in-land freight incurred within a Party's territory, regardless of the mode of transportation.

Article 3.7. De Minimis

1. A good that does not satisfy a change in tariff classification requirement pursuant to Annex 3-A is nonetheless originating if:
(a) the value of all non-originating materials that have been used or consumed in the production of the good and do not satisfy the applicable change in tariff classification requirement does not exceed 10 percent of the FOB value of the good; and
(b) the good meets all other applicable requirements in this Chapter.
2. The value of such non-originating materials shall, however, be included in the value of non-originating materials for any applicable regional value content requirement.
3. Paragraph 1 shall only apply to goods classified in Chapters 1 through 14 of the HS code where the non-originating material is used or consumed in the production of another good and the process involves more than simple (2) mixing. 
4. A good classified in Chapters 50 through 63 of the HS Code that does not undergo a change in tariff classification is nonetheless considered as originating where;
(a) the weight of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the total weight of the good; or
(b) the value of all non-originating materials used in the production of the good that do not undergo the required change in tariff classification does not exceed 10 percent of the FOB value of the good.

Article 3.8. Identical and Interchangeable Goods and Materials

In determining whether a good is originating, any identical and interchangeable goods and materials shall be distinguished by:
(a) physical separation of the goods and materials; or
(b) an inventory management method recognised in the Generally Accepted Accounting Principles of the exporting Party, such as averaging, last-in-firstout ("LIFO") or first-in-first-out ("FIFO").

Article 3.9. Accessories, Spare Parts, Tools and Instructional or Information Material

The origin of the accessories, spare parts, tools and instructional or other information materials presented with a good at the time of importation:
(a) shall be considered part of that good and disregarded if the good is subject to a change in tariff classification requirement; and
(b) shall be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good, if the good is subject to a regional value content requirement, provided that:
(a) the accessories, spare parts, tools and instructional or other information materials presented with the good are not invoiced separately from the good; (3) and
(b) the quantities and value of the accessories, spare parts, tools and instructional or other information materials presented with the good are customary for that good.

Article 3.10. Packaging Materials and Containers for Retail Sale

1. Packaging materials and containers in which a good is packaged for retail sale, when classified together with that good, shall be disregarded in determining whether all the non-originating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 3-A.
2. If a good is subject to a regional value content requirement, the value of packaging materials and containers described in paragraph 1 shall be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.

Article 3.11. Packing Materials and Containers for Transportation and Shipment

1. The packing materials and containers for transportation and shipment shall not be taken into account in determining the origin of the good.
2. Packing materials and containers for transportation and shipment do not include the packaging materials and containers in which a good is packaged for retail sale.

Article 3.12. Preferential Tariff Treatment

Preferential tariff treatment under this Agreement shall be applied to goods that satisfy the requirements of this Chapter.

Article 3.13. Indirect Materials

1. An indirect material shall be treated as an originating material without regard to where it is produced and its value shall be the cost registered in accounting records of the producer of the good.
2. For the purposes of this Article, "indirect materials" means a good used or consumed in the production, testing, or inspection of a good but not physically incorporated into the good, or a good used or consumed in the maintenance of buildings or the operation of equipment associated with the production of a good, including:
(a) fuel and energy;
(b) tools, dies, and moulds;
(c) spare parts and materials used in the maintenance of equipment and buildings;
(d) lubricants, greases, compounding materials, and other materials used in production or used to operate equipment and buildings;
(e) gloves, glasses, footwear, clothing, safety equipment, and supplies;
(f) equipment, devices, and supplies used for testing or inspecting the goods;
(g) catalysts and solvents; and
(h) any other goods that are not incorporated into the good but whose use in the production of the good can reasonably be demonstrated to be a part of that production.

Article 3.14. Non-qualifying Operations and Processes

Notwithstanding the other provisions of this Chapter, a good or material shall not be considered originating merely by reason of having undergone one or more of the following operations or processes:
(a) preserving operations to ensure that the products remain in good condition during transport and storage;
(b) changes of packaging, breaking-up and assembly of packages;
(c) simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;
(d) washing, cleaning, removal of dust, oxide, oil, paint or other coverings;
(e) sharpening, simple grinding or crushing or simple cutting;
(f) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging; or
(g) simple assembly of parts of articles to constitute a complete article or disassembly of goods into parts.

Article 3.15. Outward Processing Zones on the Korean Peninsula

Notwithstanding Article 3.2, the Parties agree that certain goods shall be considered to be originating even if they have undergone working or processing outside Korea, on materials exported from Korea and subsequently re-imported there, provided that the working or processing is done in the areas designated by the Parties pursuant to Annex 3-B.

Article 3.16. Direct Transport

1. An originating good shall retain its originating status as determined under Article 3.2 provided that it is directly transported to the importing Party without passing through the territory of a non-Party.
2. An originating good that is transported through the territory of a non-Party shall not retain its originating status, if the good:
(a) has undergone any subsequent production or other operation outside the territories of the Parties other than unloading, temporary storage, splitting up of loads for transport reasons, reloading or any other operation necessary to preserve it in good condition or to transport it to the importing Party; (4) or
(b) has been released from customs control in the territory of a non-Party.

Article 3.17. Compliance

Compliance with the requirements of this Section shall be determined in accordance with the provisions of Section B as applicable. 

Section B. Operational Procedures

Article 3.18. Claims for Preferential Tariff Treatment

1. Except as otherwise provided in this Chapter, each Party shall require an importer in its territory that claims preferential tariff treatment for a good imported into its territory from the territory of the other Party to:
(a) request preferential tariff treatment at the time of importation of an originating good, if required by the importing Party's customs administration;
(b) make a written declaration, if it deems necessary, that the good qualifies as an originating good;
(c) have the evidence of origin in its possession at the time the declaration is made;
(d) provide, on the request of that Party's customs administration, a copy of the origin declaration and such other documentation relating to the importation of the good in accordance with the domestic laws and regulations of the importing Party; and
(e) promptly make a corrected declaration in a manner required by the customs administration of the importing Party and pay any duties owing where the importer has reason to believe that an origin declaration on which an entry declaration was based contains information that is not correct.
2. Each Party shall, in accordance with its domestic laws and regulations, provide that, where a good would have qualified as an originating good when it was imported into the territory of that Party, the importer of the good may, within a period of at least one year or for such longer period specified by the importing Party's domestic laws and regulations after the date on which the good was imported, apply for a refund of any excess duties paid as the result of the good not having been accorded preferential tariff treatment, on presentation of the following to the customs administration of the importing Party:
(a) an origin declaration that the good qualifies as an originating good; and
(b) such other evidence as the customs administration may require to satisfactorily evidence the preferential tariff treatment claimed.

Article 3.19. Evidence of Origin

1. Each Party shall provide that an importer may make a claim for preferential tariff treatment based on a written or electronic origin declaration by the exporter or producer.
2. The origin declaration may be in the forms set out in the Implementing Arrangement on Rules of Origin Operational Procedures attached to this Chapter as Annex 3-C. The Implementing Arrangement may be revised or modified by mutual decision of the Parties.
3. The origin declaration shall include the following information:
(a) the name of the certifying person, including as necessary, contact details for obtaining other identifying information;
(b) the importer of the good (if known);
(c) the exporter of the good (if different from the producer);
(d) the producer of the good (if known);
(e) the six-digit tariff classification(s) under the Harmonized System and a description of the good;
(f) the rule of origin under which the good(s) qualifies;
(g) date of the origin declaration; and
(h) in the case of a blanket declaration issued as set out in paragraph 7(b), the period that the origin declaration covers.
4. The origin declaration shall be completed in English.
5. Each Party shall provide that where an exporter in its territory is not the producer of the good, the exporter may complete and sign an origin declaration on the basis of:
(a) its knowledge of whether the good qualifies as an originating good;
(b) its reasonable reliance on the producer's written representation that the good qualifies as an originating good; or
(c) a completed and signed origin declaration for the good voluntarily provided to the exporter by the producer.
6. Nothing in paragraph 5 shall be construed to require a producer to provide an origin declaration to an exporter.
7. Each Party shall provide that an origin declaration, duly completed and signed by an exporter or a producer in the territory of the other Party, is applicable to:
(a) a single importation of one or more goods into the other Party's territory; or
(b) multiple importations of identical goods into the other Party's territory that occur within a period specified, not exceeding 12 months from the date of original declaration.
8. The origin declaration referred to in paragraph 2 shall be valid for two years from the date on which the origin declaration was signed.
9. For any originating good that is imported into the territory of a Party on or after the date of entry into force of this Agreement, each Party shall accept an origin declaration that has been completed and signed prior to that date by the exporter or producer of that good.

Article 3.20. Waiver of an Origin Declaration

Notwithstanding Article 3.18, an origin declaration shall not be required for:
(a) an importation of a good whose customs value does not exceed 1,000 US dollars or its equivalent amount in the importing Party's currency, or such higher amount as the importing Party may establish; or
(b) an importation of a good into the territory of the importing Party for which the importing Party has waived the requirement for an origin declaration, provided that the importation does not form part of a series of importations that may reasonably be considered to have been undertaken or arranged for the purposes of avoiding the origin declaration requirements of Articles 3.18 and 3.19.

Article 3.21. Discrepancies and Formal Errors

1. Where the origin of the good is not in doubt, the discovery of minor discrepancies in documentation shall not invalidate the origin declaration, if it does in fact correspond to the goods submitted.
2. For multiple goods declared under the same origin declaration, a problem encountered with one of the goods listed shall not affect or delay the granting of preferential tariff treatment and customs clearance of the remaining goods listed in the origin declaration.

Article 3.22. Record Keeping Requirements

1. Each Party shall provide that:
(a) an exporter or a producer in its territory that completes and signs an origin declaration shall maintain in its territory, for five years after the date on which the origin declaration was signed or for such longer period as the Party may specify, all records necessary to demonstrate that the good for which the exporter or producer provided the origin declaration was an originating good, which may consist inter alia of the following:
(i) direct evidence of the processes carried out by the exporter or producer to obtain the goods concerned, contained for example in accounts for internal bookkeeping;
(ii) documents proving the originating status of materials used, issued or made out in a Party where these documents are used, as provided for in its domestic laws;
(iii) documents proving the working or processing of materials in a Party, issued or made out in a Party where these documents are used, as provided for in its domestic laws; or
(iv) the origin declaration proving the originating status of materials used, completed in a Party; and
(b) an importer claiming preferential tariff treatment for a good imported into the Party`s territory shall maintain in that territory, for five years after the date of importation of the good or for such longer period as the Party may specify, such documentation, including a copy of the origin declaration, as the Party may require relating to the importation of the good.
2. Each Party shall provide that an importer, exporter, or producer may choose to maintain the records specified in paragraph 1 in any medium that allows for prompt retrieval, including, but not limited to, digital, electronic, optical, magnetic, or written form.

Article 3.23. Obligations Regarding Exportation

1. Where an exporter or producer in a Party's territory that has completed and signed an origin declaration has reason to believe that it has provided an erroneous or false origin declaration or any other such erroneous or false evidence, the exporter or producer shall give notice as soon as possible to the customs administrations of the importing and exporting Party, as well as to the importer, of any change that would affect the accuracy or validity of an origin declaration.
2. The exporter or producer that has provided an origin declaration shall provide a copy of such documents to the exporting Party`s customs administration upon request.

Article 3.24. Origin Verification

1. When there is a reasonable doubt as to the origin of a good, for the purposes of determining whether a good imported into a Party from the other Party qualifies as an originating good, the customs administration of the importing Party may conduct a verification process by means of:
(a) written requests for additional information from the importer;
(b) written requests for additional information from the exporter or producer of the exporting Party; or
(c) visits to the premises of an exporter or a producer in the territory of the other Party, along with the customs administration of the exporting Party, to observe the facilities and the production processes of the good and to review the records referring to origin including accounting files. Officials of the customs administration of the exporting Party may attend as observers on such verification visits.
2. For the purposes of subparagraph 1(b), all the information requested by the customs administration of the importing Party and responded to by the customs administration of the exporting Party shall be communicated in English.
3. For the purposes of subparagraphs 1(a) and 1(b), where the importer, exporter or producer does not answer the written request for additional information made by the importing Party, within a period of 90 days from the date on which it was received, the importing Party may deny the preferential tariff treatment.
4. For the purposes of subparagraph 1(c):
(a) prior to conducting a verification visit, the importing Party shall:
(i) deliver a written notification of its intention to conduct the visit to the exporter or producer whose premises are to be visited and the customs administration of the other Party; and
(ii) obtain the written consent of the exporter or producer whose premises are to be visited; and
(b) where an exporter or producer has not given its written consent to a proposed verification visit within 30 days of the receipt of notification pursuant to subparagraph (a), the notifying Party may deny preferential tariff treatment to the relevant good.
5. Where, at the time of importation, the customs administration of the importing Party has a reasonable doubt as to the origin of the good, the good may be released upon payment of a deposit or the payment of non-preferential duties, pending the outcome of the verification process. Such deposit or duties paid shall be refunded once the outcome of the verification process confirms that the good qualifies as an originating good.
6. A Party may suspend preferential tariff treatment to an importer on any subsequent import of a good when the customs administration has previously determined that an identical good was not eligible for such treatment, until it is demonstrated that the good complies with the provisions of this Chapter.
7. The Party conducting the verification visit shall provide to the exporter or producer and the importer whose goods are subject to the verification, a written determination of whether or not the goods in question qualify as originating. Any suspended preferential tariff treatment shall be reinstated upon the determination that goods qualify as originating goods.
8. The exporter or producer shall have 30 days from the date of receipt of the written determination pursuant to paragraph 7 to provide in writing comments or additional information regarding the eligibility of the good for preferential tariff treatment. If the good is still found to be non-originating, the final written determination shall be communicated to the exporting customs administration within 30 days from the date of receipt of the comments or additional information from the exporter or producer.
9. The importing Party shall, within one year from the start of the verification process, notify the exporting Party, in writing, of the results of the determination on the origin of the good, as well as the legal basis and findings of fact on which the determination was made.

Article 3.25. Denial of Preferential Tariff Treatment

The customs administration of the importing Party may, in accordance with its domestic laws and regulations, deny a claim for preferential tariff treatment when:
(a) the good does not qualify as an originating good; or
(b) the importer, exporter or producer fails to comply with any of the relevant requirements of this Chapter.

Article 3.26. Direct Transport -compliance

Compliance with the direct transport provisions set out in Article 3.16 may be evidenced by providing any proper document, including but not limited to relevant commercial shipping or freight documents.

Article 3.27. Third-party Invoicing

A Party shall not reject a claim for preferential tariff treatment for the sole reason that the invoice was issued in a non-Party.

Chapter 4. Customs Procedures and Trade Facilitation

Article 4.1. Scope and Objectives

1. This Chapter shall apply, in accordance with the Parties' respective international obligations and customs law, to customs procedures applied to goods traded between the Parties and to the movement of means of transport between the Parties.
2. The objectives of this Chapter are to:
(a) simplify and harmonise customs procedures of the Parties;
(b) ensure predictability, consistency and transparency in the application of customs law, including administrative procedures of the Parties;
(c) ensure the efficient and expeditious clearance of goods and movement of means of transport;
(d) facilitate trade between the Parties; and
(e) promote co-operation between the customs administrations, within the scope of this Chapter.

Article 4.2. Definitions

For the purposes of this Chapter: customs law means any legislation administered, applied, or enforced by the customs administration of a Party; customs procedures means the treatment applied by each customs administration to goods and means of transport that are subject to customs control; express consignments means all goods imported by an enterprise operating a consignment service for the expeditious international movement of goods who assumes liability to the customs administration for those goods; means of transport means various types of vessels, vehicles, aircraft and pack-animals which enter or leave the territory carrying persons or goods; and WCO means the World Customs Organization.

Article 4.3. Transparency and Enquiry Points

1. Each Party shall ensure that its customs procedures and practices are predictable, consistent, transparent, and facilitate trade.
2. Each customs administration shall publish all customs law and any administrative procedures it applies or enforces.
3. Each customs administration shall designate one or more enquiry points to deal with inquiries from interested persons from either Party on customs matters arising from the implementation of this Agreement, and provide details of such enquiry points to the other customs administration. Information concerning the procedures for making such inquiries shall be easily accessible to the public.
4. Each customs administration will endeavour to provide the other customs administration with timely notice of any significant modification of customs law or procedures governing the movement of goods and means of transport that is likely to substantially affect the operation of this Chapter.

Article 4.4. Facilitation and Harmonisation

1. The Parties shall facilitate the clearance of goods in administering their procedures in accordance with the provisions of this Chapter.
2. Customs procedures of each Party shall conform, where possible, to the standards and recommended practices of the WCO, including the WCO Customs Data Model and related WCO recommendations and guidelines.
3. Each Party shall work towards the implementation of initiatives that harmonise the data requirements of its respective agencies associated with the importation, exportation or transit of goods, and minimise the submission of trade data.
4. Each customs administration shall provide a focal point, electronic or otherwise, through which its traders may submit all required information in order to obtain clearance of goods with the objective of allowing importers and exporters to present all required data to one agency.

Article 4.5. Use of Automated Systems

1. The customs administrations shall apply information technology to support customs operations, where it is cost-effective and efficient, particularly in the paperless trading context, taking into account developments in this area within the WCO.
2. The customs administrations shall use information technology that expedites procedures for the release of goods, including the submission and processing of information and data before arrival of the shipment, as well as electronic or automated systems for risk management and targeting.
3. The Parties shall endeavour to ensure the simultaneous inspection of goods by the competent national authorities when goods are entering or leaving the Parties' customs territory at a single time and place.

Article 4.6. Risk Management

1. Each customs administration shall focus resources on high-risk shipments of goods and facilitate the clearance, including release, of low-risk goods in administering customs procedures. Customs administrations shall exchange information related to applied techniques on risk management, in accordance with Article 4.13.
2. To enhance the flow of goods across the borders of the Parties, each customs administration shall regularly review these procedures.

Article 4.7. Release of Goods

1. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade between the Parties.
2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:
(a) provide for the release of goods within a period no greater than that required to ensure compliance with its customs law, and to the extent possible release the goods within 48 hours of arrival;
(b) provide for advance electronic submission and processing of information before physical arrival of goods to enable the release of goods on arrival;
(c) allow goods to be released at the point of arrival, without temporary transfer to warehouses or other facilities; and
(d) allow importers to withdraw goods from customs before and without prejudice to the final determination by its customs administration of the applicable customs duties, taxes, and fees.
3. Each Party shall endeavour to adopt and maintain a system under which goods in need of urgent clearance can undergo customs procedures, 24 hours in every day including holidays.

Article 4.8. Express Consignments

Each Party shall adopt or maintain expedited customs procedures for express consignments while maintaining appropriate customs control and selection.
These procedures shall: 
(a) provide expedited customs procedure for express consignments, and where applicable, use the WCO Guidelines for the Immediate Release of Consignments;
(b) provide for the electronic submission and processing of information necessary for the release of an express consignment before the express consignment arrives;
(c) allow submission of a single document covering all goods contained in a shipment transported by an express consignments service, through, if possible, electronic means;
(d) to the extent possible, provide for clearance of certain goods with a minimum of documentation;
(e) under normal circumstances, provide for clearance of express consignments within four hours after submission of the necessary customs documents, provided the consignments have arrived;
(f) apply without regard to weight or customs value; and
(g) under normal circumstances, provide that no customs duties will be assessed on, nor will formal entry documents be required for express consignments valued at 100 US dollars or less. (1)

Article 4.9. Advance Rulings

1. Each Party shall issue, through its customs administration, prior to the importation of a good into its territory, a written advance ruling on the written request of an importer in its territory, or an exporter or producer in the territory of the other Party (2) with regard to:
(a) tariff classification;
(b) whether a good is originating in accordance with Chapter 3 (Rules of Origin and Origin Procedures); and
(c) such other matters as the Parties may agree.
2. Each Party shall adopt or maintain procedures for advance rulings, which shall:
(a) require that an applicant for an advance ruling provide a detailed description of the goods and all relevant information needed to issue an advance ruling; 1 Notwithstanding this subparagraph, a Party may require that express consignments be accompanied by an airway bill or other bill of lading. For greater certainty, a Party may require formal entry documents for restricted goods.
2 For greater certainty, an importer, exporter or producer may submit a request for an advance ruling through a duly authorised representative.
(b) provide that its customs administration may, at any time during the course of issuing an advance ruling, request that the applicant provide additional information within a specified period;
(c) provide that any advance ruling be based on the facts and circumstances presented by the applicant, and any other relevant information in the possession of the decision-maker, including, if the Party requests, a sample of the good for which the requester is seeking an advance ruling; and
(d) provide that the ruling be issued, in the national language of the issuing customs administration, to the applicant expeditiously on receipt of all necessary information.
3. On receipt of all necessary information, each Party shall issue an advance ruling:
(a) with respect to tariff classification, within 40 days or such shorter time period specified in domestic legislation; or
(b) with respect to origin, within 90 days.
4. A Party may reject a request for an advance ruling where the additional information requested by it in accordance with paragraph 2(b) is not provided within a specified time.
5. A Party may decline to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling are the subject of administrative or judicial review.
6. Subject to paragraph 7, each Party shall apply an advance ruling to all importations of goods described in that ruling imported into its territory within a period of three years from the date of that ruling or such other period specified in legislation of the importing Party.
7. A Party may modify or revoke an advance ruling upon a determination that:
(a) the ruling was based on an error of fact or law;
(b) the information provided is false or inaccurate;
(c) there is a change in domestic laws consistent with this Agreement; or
(d) there is a change in a material fact, or circumstances on which the ruling is based.
8. The issuing Party may modify or revoke an advance ruling retroactively only if the ruling was based on inaccurate or false information.
9. Subject to any confidentiality requirements in its domestic laws, each Party shall publish, including on the internet, its advance rulings.
10. Where an importer claims that the treatment accorded to an imported good should be governed by an advance ruling, the customs administration may evaluate whether the facts and circumstances of the importation are consistent with the facts and circumstances upon which an advance ruling was based.

Article 4.10. Review and Appeal

1. Each Party shall provide that the importer, exporter or any other person affected by administrative rulings, determinations or decisions, have access to:
(a) a level of administrative review of determinations independent of the official or office responsible for the decision under review; and
(b) judicial review of administrative determinations subject to its domestic laws and regulations.
2. The producer or exporter in the territory of the other Party may provide, upon a request by the reviewing authority to the producer or exporter, information directly to the Party conducting the administrative review. The exporter or producer providing the information may ask the Party conducting the administrative review to treat that information as confidential in accordance with the rules applicable in that Party.
3. Notice of the decision on appeal shall be given to the appellant and the reasons for such decision shall be provided in writing.

Article 4.11. Customs Co-operation

1. The Parties shall enhance their co-operation in customs and customs related matters.
2. The Parties affirm their commitment to the facilitation of the legitimate movement of goods, and to the improvement of customs techniques and procedures in accordance with the provisions of this Agreement.
3. The Parties shall co-operate in achieving compliance with their respective domestic laws and regulations pertaining to:
(a) the implementation and operation of the provisions of this Agreement governing importation or exportation, including claims for preferential tariff treatment, procedures for making claims for preferential tariff treatment, and verification procedures;
(b) the extent practicable, assisting each other in the tariff classification, valuation and determination of origin for preferential tariff treatment, of imported goods; and (c) other customs matters as the Parties may agree.

Article 4.12. Bilateral Customs Consultation

1. Without prejudice to Article 4.14, each customs administration may at any time request consultations with the other customs administration on any matter arising from the operation or implementation of this Chapter and of Chapter 3 (Rules of Origin and Origin Procedures). Such consultations shall be conducted through the relevant contact points established in paragraph 3, and shall take place within 30 days of the request, unless the customs administrations of the Parties mutually determine otherwise.
2. In the event that such consultations fail to resolve any such matter, the requesting Party may refer the matter to the Customs Committee established under Article 4.14 for consideration.
3. Each customs administration shall designate one or more contact points for the purposes of this Chapter and of Chapter 3 (Rules of Origin and Origin Procedures), and provide details of such contact points to the other Party. Customs administrations of the Parties shall notify each other promptly of any changes to the details of their contact points.
4. Customs administrations may consult each other on any trade facilitation issues arising from procedures to secure trade and the movement of means of transport between the Parties.
5. Consultations pursuant to this Article are without prejudice to the rights of the Parties under Chapter 19 (Dispute Settlement) or under the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes.

Article 4.13. Confidentiality

1. Any information collected for the purposes of this Chapter, or Chapter 3 (Rules of Origin and Origin Procedures), which has been designated as confidential by the person or Party who provided it shall not be used for purposes other than the administration and enforcement of determinations of origin, and of customs matters, except with the permission of the person or Party who provided the confidential information.
2. Notwithstanding paragraph 1, information that is collected for the purposes of this Chapter, or Chapter 3 (Rules of Origin and Origin Procedures) may be used in any administrative, judicial or quasi-judicial proceedings instituted for failure to comply with customs related laws and regulations implementing this Chapter or Chapter 3 (Rules of Origin and Origin Procedures). The person or Party who provided the information will be notified in advance of such use.

Article 4.14. Customs Committee

1. The Parties hereby establish a Customs Committee (hereinafter referred to as "the Committee"), comprising officials of each Party responsible for customs matters and rules of origin.
2. The Committee shall ensure the proper functioning of this Chapter and Chapter 3 (Rules of Origin and Origin Procedures), and examine all issues arising from their implementation.
3. The functions of the Committee shall include:
(a) ensuring the effective, uniform and consistent administration of this Chapter and Chapter 3 (Rules of Origin and Origin Procedure);
(b) maintaining Annexes 2-A (Tariff Schedule) and 3-A (Product Specific Rules of Origin) on the basis of the neutral transposition of the Harmonized System;
(c) advising the Joint Commission of proposed solutions to address issues related to:
(i) interpretation, application and administration of this Chapter and Chapter 3 (Rules of Origin and Origin Procedures); (ii) tariff classification and customs valuation related to the determination of origin;
(iii) calculation of the Regional Value Content; and (iv) issues arising from the adoption by either Party of operational practices not in conformity with this Chapter or Chapter 3 (Rules of Origin and Origin Procedures) that may affect adversely the flow of trade between the Parties;
(d) adopting customs practices and standards which facilitate trade between the Parties, according to international standards;
(e) settling any disputes related to the interpretation, application and administration of this Chapter, including tariff classification; and
(f) making proposals regarding the modification of Parties' Schedules in Annexes 2-A (Tariff Schedule) and 3-A (Product Specific Rules of Origin) to the Joint Commission for approval under Article 18.2 (Functions of the Joint Commission).
4. The Committee shall adopt its own rules of procedure. The Committee shall meet within one year of entry into force of this Agreement, and then as it deems necessary.
5. The Committee may formulate resolutions, recommendations or opinions which it considers necessary for the attainment of the common objectives and the sound functioning of the mechanisms established in this Chapter and Chapter 3 (Rules of Origin and Origin Procedures).

Article 4.15. Customs Valuation