WORLD TRADE
ORGANIZATIONG/SG/N/1/KOR/4
24 April 2001
(01-2054)
Committee on Safeguards Original:  English
NOTIFICATIONS OF LAWS, REGULATIONS AND
ADMINISTRATIVE PROCEDURES RELATING
TO SAFEGUARD MEASURES
KOREA
The following communication, dated 20 April 2001, has been received from the Permanent
Mission of Korea.
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Pursuant to Article 12.6 of the Agreement on Safeguards, the Government of Korea wishes to
notify the revised Customs Act and it sub-regulations concerning safeguard measures.G/SG/N/1/KOR/4
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THE CUSTOMS ACT
Article 65 (Subjects of Emergency Duties, etc.)
1. When it is confirmed through an investigation that increased importation of a product has
caused or threatened to cause serious injury (hereinaft er referred to as “serious injury” in this Article)
to a domestic industry that produce the like or directly competitive products (hereinafter referred to as
“domestic industry” in this Article) and when it is deemed necessary to protect the domestic industry
concerned, additional duties (hereinafter referred to as “emergency duties”) can be imposed on the
product concerned to the extent necessary to prevent or remedy serious injury, etc. and to facilitate
adjustment (hereinafter referred to as “remedy of injury, etc.”).
2. Whether emergency duties are to be imposed and its contents shall be determined based on a
review on the need to protect the domestic industry concerned, international trade relationships, levels
of compensation following the imposition of emergency duties, its effect on the overall national
economy, etc.
3. The Minister of Finance and Economy may have a consultation with the interested countries
on appropriate trade compensation measures for adverse effects resulted from imposition of
emergency duties, when imposing the emergency duties.
4. Imposition of emergency duties and provisional emergency duties under the provisions of
Article 66, Paragraph 1 shall be applied to goods imported after the enforcement date of the decision
for imposition respectively.
5. Duration of imposition of emergency duties shall not exceed the period of 4 years, and
provisional emergency duties under the provisions of Article 66, Paragraph 1 shall not be imposed formore than 200 days. However, if the duration of imposition is extended according to the result of the
review under the provisions of Article 67, the total application duration of provisional emergency
duties, emergency duties, import quantity restrictions under the provisions of Article 28, Paragraph 1
of the Foreign Trade Act, etc. (hereinafter referred to as “import quantity restrictions, etc. in this
Article and Article 66) including their extension period, may not exceed 8 years.
6. Goods subject to emergency duties or provisiona l emergency duties as referred to in Article
66, Paragraph 1, their rates, application duration, quantity, import management measures, and other
necessary matters shall be prescribed by the Ordinance of the Minister of Finance and Economy.
7. The Minister of Finance and Economy may request for cooperation necessary including
submission of relevant data to the head of authorities concerned, interested parties, etc. when they aredeemed necessary for determining whether to impose emergency duties, or provisional emergency
duties under the provisions of Article 66, Paragraph 1.
Article 66 (Imposition of Provisional Emergency Duties. etc.)
1. Provisional emergency duties can be additionally imposed within the extent necessary to
remedy injury before the conclusion of investigation on products for which an investigation has been
initiated to determine whether to impose emergency duties, or for which provisional measures have
been proposed under the provisions of Article 29, Paragraph 1 of the Foreign Trade Act, when it is
determined that injury that is difficult to remedy is to be caused or threatened to be caused unless
serious injury, etc. occurring during the investigation is not prevented.G/SG/N/1/KOR/4
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2. When determination on whether to take measures such as imposition of emergency duties or
import quantity restrictions, etc. has been made, imposition of provisional emergency duties under the
provisions of Article 1 shall be ceased.
3. After an investigation to determine whether to take measures such as imposition of
emergency duties or import quantity restrictions, etc., when it is determined that increased importation
has not caused or is not threatening to cause serious injury to a domestic industry, the provisional
emergency duties paid under the provisions of Article 1 shall be refunded.
Article 67 (Review on Emergency Duties, etc.)
A review can be conducted on the determination to impose emergency duties when the
Minister of Finance and Economy deems it necessary, and contents of imposition can be modified
according to results of the review.  In that case, the modification made shall not be stricter than the
original measure taken.
Article 78 (Withdrawal and Modification of Concessions)
1. When it is deemed that increased importation of a product due to a fall in overseas prices,
other unforeseen changes in circumstances, or fulfilment of contractual obligations has caused or is
threatening to cause serious injury to domestic producers of the like or directly competitive products,
the government may take any of the following measures:
(1) when customs duties are bound by concessions under an Agreement, a measure
imposing duties according to the rates under this Act or modified rates by
withdrawing or modifying concessions on the product according to the Agreement
(2) when intending to take the measure under Sub-paragraph (1), or when such measure
has been taken, a measure modifying tariff rates for already bound products other
than the product concerned or making new concessions on other items according to
the Agreement concerned, and applying  modified or new concession rates.
2. The measure in Sub-paragraph (2) of Paragraph 1 shall be within the extent necessary as
compensation to the measure in Sub-paragraph (1) of the same Paragraph.
3. The period, contents, and other necessary matters regarding the measures under the provisions
in Paragraph 1 shall be prescribed by the Presidential Decree.
Article 79 (Countermeasures)
1. In case where a foreign country intends to take a measure of withdrawing or modifying
concessions on a product or other measures or where such measures have been already taken, and
where countermeasures are allowed under the agreement concerned, any of the following measures
can be taken.
(1) a measure of imposing customs duties on a product within the amount equivalent to
the customs value of the product other than customs duties under this Act
(2) when a product is bound by concessions, a measure ceasing application of the
concessions and imposing customs duties within the rates under this Act
2. The measures in Sub-paragraphs of Paragraph 1 shall be within the extent as necessary for
countermeasures against a measure taken by a foreign country.G/SG/N/1/KOR/4
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3. Countries subject to those measures under the provisions of Article 1, their periods, contents,
and other necessary matters shall be prescribed by the Presidential Decree.
Article 80 (Effect of Concessions and withdrawals)
1. When concessions made on items under an agreement are withdrawn, the rates under this Act
shall be applied from the date on which the withdrawal takes into effect under the agreement.
2. With regard to items on which new concessions were made as a compensation for withdrawal
of concessions under the provisions of Article 1, the rates under this Act shall not be applied from the
date on which the concessions take into effect.
Enforcement Decree of the Customs Act
(Presidential Decree)
Article 87 (Imposition of Emergency Duties)
A determination on whether to impose emergency duties under the provisions of Article 65,
Paragraph 1 of the Act (hereinafter referred to as “emergency duties”) and on its contents shall be
made within 1 month from the date on which th e Trade Commission’s proposal for its imposition is
made; provided that time taken to consult with main interested countries on imposition of emergency
duties, etc. shall not be included.
Article 88 (Imposition of Provisional Emergency Duties, etc.)
1. A determination on whether to impose provisional emergency duties under the provisions of
Article 66, Paragraph 1 of the Act (hereinafter referred to as “provisional emergency duties”) and on
its contents shall be made within 1 month from the date on which the Trade Commission’s proposal
for its imposition is made, taking into account matters reviewed under Article 65, Paragraph 2 of the
Act. However, the determination period may be extended within the extent of 20 days, provided that
the Minister of Finance and Economy deems it necessary.
2. In case where a determination is made to impose emergency duties on a product to which
provisional emergency duties are being applied and where the emergency duties are higher than the
provisional emergency duties, then the provisional emergency duties shall be deemed as emergency
duties and the difference shall not be collected, and where the emergency duties are lower than the
provisional emergency duties, then a measure refunding the provisional emergency duties equivalentto the difference shall be taken.
3. When the Trade Commission determines that there exist no injury to a domestic industry and
it is informed to the Minister of Finance and Economy, a measure refunding the provisional
emergency duties paid with regard to the injury concerned shall be taken.
Article 89 (Review on Emergency Duties)
When the Trade Commission requests to lower, cease, or extend, etc. the emergency duties
being imposed, the Minister of Finance and Economy shall make a determination on whether to takemeasures such as lowering, ceasing, or extending, etc. of emergency duties after reviewing under
Article 67 of the Act within 1 month from the date on which the request is received. However, the
determination period can be extended within the extent of 20 days, provided that the Minister of
Finance and Economy deems it necessary.G/SG/N/1/KOR/4
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ENFORCEMENT REGULATION OF THE CUSTOMS ACT
(Ordinance of the Minister of Finance and Economy)
Article 32 (Confidential Treatment of Data relating to Emergency Duties)
1. If a person who has submitted data in accordance with the provisions of Article 65, Paragraph
7 of the Act requests to treat the data confidentially for justifiable reasons, such data shall not be
disclosed without his/her express consent.
2. Provisions of Article 15 shall be applied to the data to be treated confidentially under the
provision of Paragraph 1.
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