Guide To Using Kafta To Export and Import Goods
Guide To Using Kafta To Export and Import Goods
Guide To Using Kafta To Export and Import Goods
This prevents parties from other countries gaining the benefit of KAFTA by
simply transhipping their goods through Australia or Korea.
My goods qualify for preferential treatment under KAFTA. How do I ensure I get
the lower tariff rate?
1 WHAT
STEP 1: IDENTIFY THE TARIFF
CLASSIFICATION OF YOUR GOODS
Determining how KAFTA treats a
particular good depends on correctly
identifying that good.
In KAFTA, goods are identified by
reference to an internationally-recognised
system known as the Harmonized
Commodity Description and Coding
System, commonly referred to as the
Harmonized System (HS). The HS is a
broad classification system of
approximately 5000 six-digit product
categories. Typically, each country further
sub-divides the six-digit HS product
categories into eight-digit or more tariff
lines for greater specificity (Australia uses
eight-digit tariff codes and Korea uses tendigit codes).
Classification
There are multiple ways to find out the HS
code applicable to your product:
1.
2.
Advance Rulings
If in doubt about the HS classification
applicable to your goods, it is a good idea
to seek an advance ruling from the
appropriate customs administration.
Exporters
Australian exporters may seek formal
advice from the Korea Customs Service
on the tariff classification of the goods
intended for export to Korea. This advice
can be obtained through an advance
ruling, which is an official ruling on tariff
classification of a good that is binding on
the Customs administration.
Importers
If you are importing goods into Australia
and would like an advance ruling on a
classification of a good, please contact the
ACBPS. More information can be found at
http://www.customs.gov.au/tariff/tariffadvice.asp.
Advance Rulings
Australia and Korea are required to
provide written advance rulings on tariff
classification, valuation and origin in
response to requests by importers or by
exporters or producers in the exporting
Party. This gives greater certainty to
businesses.
Advance rulings can cover the HS
classification applicable to your goods, the
method the relevant customs authority will
use to assess the value of your goods or
whether your goods are considered
originating for the purposes of KAFTA
(see Step 3).
2 HOW
STEP 2: UNDERSTAND HOW YOUR
GOODS WILL BE TREATED UNDER
KAFTA
Once you have the tariff code, you can
determine how your goods will be treated
under KAFTA. Both Korea and Australia
have set out their commitments to reduce
duty rates on goods in lists, called tariff
schedules.
Exporters
Year of
KAFTAs
operation
2
3
4
5
6
7
8
9
10
15
20
Importers
If you are importing from
Korea, you will need to check
Australias tariff schedule.
Australian staging categories
range from 0, indicating
immediate elimination on
entry into force, to 5,
indicating gradual elimination
of the base duty rate over 5
equal annual stages,
beginning on entry into force
of KAFTA. Other categories
such as 8A are outlined in
Annex 2-A Section A: Tariff
Schedule of Australia.
a base rate column showing the base duty rate or tariff that applied in 2010. This is the
starting point on which tariff treatment occurs; and
the staging category column indicates the rate of elimination or reduction of tariffs under
KAFTA.
Description
Base Rate
Staging Category
1212994000
Sugar Cane
0809401000
Plums
45
10
1108130000
Potato Starch
455
For sugar cane, Koreas base tariff is three per cent and sugar cane falls into category 0.
Reading the category descriptions in Section B of Annex 2A of KAFTA, tariffs in category 0 will
be eliminated entirely and such goods shall be free of customs duty on the date of entry into
force of this Agreement. Accordingly, Koreas three per cent tariff on sugar cane will be
eliminated immediately on KAFTAs entry into force.
In the case of plums, Koreas base tariff is 45 per cent and plums fall into category 10. Tariffs
in category 10 will be removed in 10 equal annual stages beginning on the date of entry into
force of this Agreement, and such goods shall be free of customs duty, effective 1 January of
year 10. Accordingly, the tariff reduction schedule on plums under KAFTA would be:
Tariff on Australian plums (at most):
2014 (entry into force)
40.5%
2015
36.0%
2016
31.5%
2017
27.0%
2018
22.5%
2019
18.0%
2020
13.5%
2021
9.0%
2022
4.5%
2023
0.0%
2024
0.0%
Potato starch falls into category B: tariffs that wont be completely eliminated under KAFTA,
but will be reduced in ten equal stages to 50 per cent of their base value. As potato starch
currently attracts a tariff of 455 per cent, it will reduce from that amount by 5 per cent each year
(22.75 per cent) until it reaches 50 per cent of the base tariff (227.5 per cent) in year 10, where
it will remain.
More information on the Korea-Australia Free Trade Agreement is available at www.dfat.gov.au/fta/kafta
Version last updated 10 February 2015
3 WHERE?
STEP 3: DETERMINE WHETHER YOUR
GOODS MEET RULES OF ORIGIN
REQUIREMENTS
KAFTA preferential rules of origin (ROO)
are agreed criteria used to ensure that
only goods originating in either Korea or
Australia enjoy duty preferences.
Preferential ROO are required to prevent
transhipment, whereby goods from a third
party are redirected through either Korea
or Australia to avoid the payment of import
tariffs. Any imports into Korea or Australia
that do not comply with the ROO set out in
Chapter 3 and Annex 3-A Schedule of
Product Specific Rules will be subject to
the general rate of duty instead of the
preferential rates available under KAFTA.
In general, a good will qualify as
originating under KAFTA if it is:
Understanding PSRs
Change in tariff classification
Most PSRs in KAFTA apply a change in
tariff classification (CTC) approach. A
CTC rule requires that any non-originating
inputs/materials that are incorporated into
the final good undergo a specified change
in tariff classification (HS code) in
Australia or Korea.
For example, pure gold (HS 7108.13) has
a different classification to gold jewellery
(HS 7113.19). In the process of being
incorporated into jewellery, the tariff
classification of pure gold changes. This
means that jewellery manufactured in
Australia or Korea from imported gold
Description
PSR
0710.90
CC
2009.90
Mixtures of Juices
CTH or RVC(40)
8701.10
Pedestrian-controlled tractors
In the above example, non-originating inputs into mixtures of frozen vegetables must undergo
a change in chapter (change in the first two digits of the HS classification).
Mixtures of juices, on the other hand, must either have all non-originating materials used in
production undergo a change in the tariff classification at the 4-digit level or be made with an
RVC of at least 40 per cent. Tractors must undergo the change in tariff classification at the 4digit level and retain an RVC of 40 per cent.
Further information can be found in the headnotes to Annex 3-A or by contacting your customs
broker.
Non-qualifying processes
YES
NO
Is the good produced
exclusively from originating
materials?
YES
NO
Use an alternate
CTC / RVC rule if
possible
NO
NO
YES
Do non-originating materials
constitute less than 10 per
cent of the goods value?
See Box 4
NO
YES
YES
Is there an
additional RVC rule
(plus RVC(XX))?
NO
10
0301-0303 (live,
fresh, chilled or
frozen fish);
0305-0308 (dried or
smoked fish, other
fish products,
crustaceans,
molluscs and other
aquatic
invertebrates);
0701-0701.10
(potatoes);
0713-0714 (various
vegetables);
0801-0810 (various
fruits); and
0813.10 0813.40
(dried fruits and fruit
and nut mixtures).
4 CERTIFY
STEP 4: PREPARE A CERTIFICATE OF
ORIGIN FOR YOUR GOODS
Once you have gone through the first
three steps and determined that your
goods will qualify for preferential tariff
treatment under KAFTA, you will need to
complete the appropriate documentation
to demonstrate this, should you be asked,
to the importing customs. This is done
primarily by using a Certificate of Origin
(COO).
Verification
11
Appeal Procedures
If you are unhappy with a decision made
by a customs administration at any point in
seeking preferential treatment under
KAFTA, you may be entitled to appeal that
decision under KAFTA Art. 4.8. You
should consult your customs broker and
legal adviser if you wish to pursue an
appeal.
Disclaimer
DFAT does not guarantee, and accepts no
liability whatsoever arising from or
connected to, the accuracy, reliability,
currency or completeness of any material
in this Guide or any linked Australian
Government website. Users of this Guide
should exercise their own skill and care
with respect to the information and advice
in this Guide.
12
Department of Foreign Affairs and Trade (for general inquiries concerning KAFTA)
Ph: (02) 6261 1111
Email: KoreaFTA@dfat.gov.au
Web: http://www.dfat.gov.au/fta/kafta/
Australian Customs and Border Protection Service (for all customs matters,
advance rulings, queries about tariff classification, ROOs and COOs)
Ph: 1300 363 263
Web: http://www.customs.gov.au/faq/Contact.asp
Australian Chamber of Commerce and Industry (for queries regarding COOs)
Ph: (02) 6273 2311
Email: info@acci.asn.au
Web: www.acci.asn.au
Australian Industry Group (for queries regarding COOs)
Web: http://www.aigroup.com.au/contact (various offices around Australia)
Korea
13
1. Issuing number:
3. Blanket period for multiple shipments:
From: (DD/MM/YYYY) To: (DD/MM/YYYY)
6. Description of good(s)
7. Harmonized
System code (six
digits):
8. Preference
criterion:
10. Declaration:
I certify that:
-
The information in this document is true and accurate and I assume the responsibility for
proving such representations. I understand that I am liable for any false statements or
material omissions made on or in connection with this document.
I agree to maintain, and present upon request, documentation necessary to support this
Certificate, and to inform, in writing, all persons to whom the Certificate was given of any
changes that would affect the accuracy or validity of this Certificate.
The goods originate in the territory of one or both Parties and comply with the origin
requirements specified for those goods in the AustraliaKorea Free Trade Agreement.
Name:
Title:
Date:
Contact details:
14