Yulchon’s Customs team consists of highly skilled experts in the field of customs law including former Customs officials with extensive experiences at the Korea Customs Service and the Tax Tribunal as well as Korean customs attorneys. The team provides the full range of legal services in customs and trade matters from customs audit defense, customs appeal to the Tax Tribunal and the court and various types of customs consulting services including customs valuation, tariff classification, country-of-origin and consulting on utilization of Korea’s Free Trade Agreements from customs perspective.
Major Practice Areas
- Customs audit defense and customs controversy services
- Representing clients in customs audit.
- Representing clients in customs duty appeals.
- Criminal defense work
- Representing clients during criminal investigation of alleged breaches of the Customs Act, the Foreign
Trade Act or the Foreign Exchange Transactions Act.
- Advisory service on customs-related transfer pricing
- Planning of the most efficient customs-related transfer pricing system for multinational companies.
- International Trade
- Representing clients in country of origin verifications under Korea’s Free Trade Agreements.
- Representing clients in antidumping, safeguard and countervailing duty cases.
- Advising domestic and foreign companies and governmental agencies in relation to a breach of WTO
agreements and the interpretation of WTO agreements.
- Reprsenting clients in relation to intellectual property rights related to imported and exported products.
Customs controversy cases
- Tariff Classification
- Represented clients in cases of imposition of customs duties on semiconductor industry (involving
Multichip Package, Dual Die Package), optical communications industry (Laser Diode Module), electric power
industry (generating facilities), semiconductor test device (Wafer Burn-In System), machines and mechanical
appliances for making TFT semiconductor devices, medical appliances, digital apparatus and protein
- Represented clients in claims for rectification of overpayment or erroneous payment in relation to parts
of optical film manufacturing machines (conveyer belts) and LCD projectors
- Advised clients in presentation of World Customs Organization opinions on PIR-sensor and mobile measuring
- Customs Valuation
- Represented clients on imposition of customs duties in relation to royalties (pharmaceutical companies,
car parts manufacturing companies), and forfeiting financial costs (crude oil industry)
- Represented clients on imposition of customs duties on agricultural and marine products (perilla powder,
fresh gingers, soybeans, oranges, anchovies), bean shots, and animals for research purposes.
- Represented clients on customs duty appeal involving buying commissions.
- Duty Drawback
- Represented clients on duty drawback in relation to crude oil for sea trials used during the shipbuilding.
- Represented clients on duty drawback in relation to contract manufacturing of marine products
- Represented clients on duty drawback in relation to exported unrefined oil.
- Duty Exemptions
- Represented clients on duty exemptions for vehicle manufacturing business (foreign investments),
chemical industry, steel-manufacturing industry, etc.
- Free Trade Agreements (“FTA”), etc.
- Represented clients on application of preferential tariff under the Korea-EFTA, Korea-Chile and
Korea-ASEAN FTAs (including the application of direct transport rule).
- Represented clients on application of quota tariff in relation to crude oil used for manufacturing of naphtha.
- Compensation for damages to frozen products stored at a bonded warehouse.
- Compensation for damages in relation to exported goods forced to be disposed at foreign customs offices
- Represented clients on imposition of liquor tax on spices
Customs Audit Defense
- Represented clients in customs audits with respect to IT industry (software, royalties, etc), multinational food service industry (international trades, etc), multinational distribution industry (commissions, etc), and multinational medical equipment companies (related party transactions).
- Represented clients in customs audits with respect to multinational pharmaceutical companies (related party transactions, prices of raw materials, multinational IT companies (reduced price), credit card companies (royalties on remittance abroad) and multinational semiconductor test device industry (price of parots for repairing defects).
Customs Criminal Investigation Cases
- Defended clients in cases of alleged breach of customs law involving rented vessels for the purpose of acquisition of nationality (smuggling), multinational medical appliances companies (illicit imports), and agricultural products companies (smuggling and evasion of customs duty).
- Defended multinational apparel company, electronics company, and game tools supplier, duty-free shops during foreign exchange investigations.
- Advance Customs Valuation Arrangement for the world’s largest multinational consumer product company.
- Customs planning for Korean subsidiary of multinational luxury goods company group.
- Advised clients on country of origin marking of medical appliances.
- Advised the world’s largest multinational manufacturer of high-quality paper packaging materials on the reduction of duties
- Advised a multinational electronics company on strategic goods control and the certification on electromagnetic waves.
Antidumping and Safeguard
- Advised clients on dumping cases such as polyacetal resin (U.S. and Japan), ball bearing for the VTR head drum (Thailand), PS printing plate (Japan and Netherlands), caustic soda liquid (U.S., China, Belgium and France), methyl cellulose (U.S. and Germany), and wood-free paper (Indonesia and China)
- Advised clients on safeguard cases in relation to bicycles and their components.
FTA and WTO
- Advised in relation to country of origin, direct transport rule, etc. under Korea FTAs.
- Legislative services in relation to the enactment of FTA enforcement legislation.
- Advised on procedures for settlement of WTO disputes and authoritative interpretations of WCO materials.
- Research on the Mediation Measures between Customs and Domestic Taxes in Transfer Prices of Multinational Companies, Yonsei University (2013)
- "How to Bridge the Gap between Transfer Pricing and Customs Valuation", Tax Notes International (September 2013)
- Lecture of Customs Law, Korea Customs Forum (2004)(Co-Author)