Customs Clearance of ImportingChemicals
1. Introduction
The procedure for customs clearance of chemicals (including single compound or mixture) for industrial use is governed under the Toxic Chemicals Control Law (“TCCL”).
However, the following chemicals are managed by other laws and excluded from TCCL (Article 3 of TCCL).
Radioactive substances defined under the Atomic Energy Law
Pharmaceutical products, quasi-pharmaceutical products defined under the Pharmaceutical Affairs Law
Narcotics defined under the Narcotics Law
Cosmetics defined under the Cosmetics Law
(Including raw materials of which safety review is necessary under Article 4, Paragraph of this Law)
Pesticides defined under the Pesticide Chemicals Control Law
Chemical fertilizers defined under the Fertilizers Control Law
Foods and food additives defined under the Food Sanitation Law
Animal feeds defined under the Feeds Control Law
Gunpowder defined under the Gun, Sword and Gunpowder Control Law
Toxic gases defined underthe High-Pressured Gas Safety Control
Law
Under the former system before Jan. 1, 2006, for the customs clearance of chemical products importers had to obtain “Confirmation Certificate”from the Korea Chemicals Management Association (hereinafter referred to as“KCMA”), but under the new system enforced from Jan. 1, 2006, such Certificate is not required any longer. From Jan. 1, 2006, Korean Customs Office does not require importers any Certificate or Approval Number except the cases of prohibited or restricted chemicals (44 chemicals). For the cases of prohibited or restricted chemicals, the Approval Certificatesissued from competent local environmental authoritymust be submitted to Customs Office.
From Jan. 1, 2006, under the amended TCCL all importers must submit “Confirmation Document on Chemical Substances”in electronic form or in document form for all importing products to KCMA. This form per chemical product must be submitted once a year. However, in case of Low Volume Exemption of new chemical, it must be submitted for every import.
All components of chemical product to be imported (including single compound or mixture) should be reviewedon whether it contains new chemicals or regulated chemicals (i.e., Toxic Chemicals, Observational Chemicals, Restricted Chemicals orProhibited Chemicals). However, the submission of components information is not required.
The following processis performed for the submission of “Confirmation Document on Chemical Substances in electronic form by Korean importer:
(1)Open KCMA’s website (
(2)Click “On-line service for chemicals(화학물질전자민원 온라인서비스)”on the top of right side
(3)Log-in
(4)Click “Public service(민원업무)”
(5)Fill out all items in the form
(6)Submit the completed form
Confirmation Document on Chemical Substances
Exhibit Form No.1 of Ministerial Decree of TCCL
However, in case that a chemical product falls within any of the followings, additional process must be processed separatelyin addition to the aforesaid process.
Case that new chemical is contained ------See 2
Toxic Chemical ------See 3
Observational Chemical ------See 4
Restricted or Prohibited Chemical ------See 5
2. Case that new chemical is contained
Even though any new chemical substance is contained in a product to be imported, the New Chemical Notification is not required for any of following cases:
- Anynew chemical of which the annual import amount is low volume of 100 kg or less (unless the importer provides data indicating the presence of a new chemical, the volume shall be determined based on the total weight of the product);
- Any new chemical substance used in the limited site by the persons engaged in the test or research for the purpose of development of chemical substanceor products containing chemical substance or of improvement of manufacturing process;
- Any new chemical substance imported as contained in a machine or equipment or any chemical substance imported together with the relevant machinery or equipment for a test run;
- Any new chemical substance contained in a product having certain function in a specific solid shape, which are not released during its use.
- Any new chemical substance of which 10 ton or less per year is manufactured or imported for the export as a whole or any new chemical substance of which 10 ton or less per year is manufactured or imported for the production of the chemical substance to be exported as a whole;
- Other new chemical substances recognized and announced by the Head of National Institute of Environmental Research (hereinafter referred to as the “NIER”) as chemical substances for which NIER deems Hazard Review is not necessary pursuant to Items 1 through 5; or
-Polymers which are listed on the Existing Chemicals List. In this case, reactants or monomer of 2% or less are not considered.
-Any block polymers of which all blocksarelisted on the Existing Chemicals List
-Graft polymers of which main stems and branches are listed on the Existing Chemicals List
-Non-ionic polymer of which number average polymer is 10,000 or more
(will be enforced from Jan. 1, 2007)
-Non-ionic polymer of which number average polymer is 1,000 or more and which meet the followings:
(will be enforced from Jan. 1, 2007)
Monomers should not be fallen within Toxic Chemical, Observational Chemical, new chemical, or epoxy compounds
Water solubility should be 5 mg/g or less
-Any chemicals which are not listed on the Existing Chemicals List, but are proved to have been manufactured or to have been imported to Korea before Feb. 2,1991 (including the chemicals proved to have been exported from foreign countries to Korea before Feb. 2, 1991).
Inaforesaid cases, importer may apply for “Exemption Application from Hazard Review”to KCMA. Theexemption application form per chemical product must be submitted once per year. However, for Low Volume Exemption of Item 1, it must be submitted for each import.
Application formfor the Confirmation on Exemption from Hazard Review of Chemical Substance>
Exhibit Form No.4 of Ministerial Decree of TCCL
3. Toxic Chemicals
In casethe chemical product to be imported falls under any of Toxic Chemicalsdesignated under TCCL, importer must notify the import of Toxic Chemicals to KCMA submitting “Import Report of Toxic Chemical.”
As mentioned Item 1, also “Confirmation Document on Chemical Substances”in electronic form must be submitted separately to KCMA.
Import Notice of Toxic Chemical>
Exhibit Form No.11 of Ministerial Decree of TCCL
4. Observational Chemicals
In case the chemical product to be imported falls under any of Observational Chemicals designated under TCCL, the importer must notify the import of Observational Chemicals to KCMA submitting “Import Notice of Observational Chemicals.”
As mentioned Item 1, also “Confirmation Document on Chemical Substances”in electronic form must be submitted separately to KCMA
Import Notice of Observational Chemical>
Exhibit Form No.28 of Ministerial Decree of TCCL
5. Prohibited or Restricted Chemicals
In case a chemical substance is deemed likely to cause serious harm to human health or the environment, manufacture, import or use of the chemical substance may be prohibited through the consultation with the heads of the related central administrative bodies. Under the TCCL, the chemical substances falling under this category are called “Prohibited Chemicals.”
However, manufacture, import or use of the chemical reagents for testing, research or experiment is not prohibited. A person who intends to import “Prohibited Chemicals”for this purpose must obtain the permission of import from the local environmental authority.
In case a chemical substance is deemed likely to cause serious harm to human health or the environment, manufacture, import or use of the chemical substance may be restricted through consultation with the heads of the related central administrative bodies. This is mainly to restrict for specific uses of the chemical substance. Under the TCCL, the chemical substances falling under this category are called “Restricted Toxic Chemicals”
However, import, manufacture,or use forthe chemical reagents for testing, research or experiment is not restricted. A person who intends to import “Restricted Toxic Chemicals”for the approved purpose must obtain permission of importfrom the local environmental authority.
In order to import or use the “Restricted Toxic Chemicals”for the commercial purpose, the relevant company must obtain the business permit for import or use from the MOE.
[Exhibit Form No.1] (front page)□ Manufacture
□ Import / Confirmation Document on Chemical Substances
Manufacturer
(importer) / ① Company name / ② Business entity
Registration No.
③representative’s
Name / ④ Person in charge
and contact point
⑤ Address of
business place / (Tel : )
Information on manufactured (imported) product
⑥ Product name / ⑦Exporting country / ⑧Estimated annual manufacture or
import amount (kg) / ⑨HSK No. / ⑩Main use
⑪ Method of
confirmation / □ Certificate of Components
□ Confirmation Certificate(Certificate No.: )
□Other Document(s)for confirmation
(Provider: ○ Manufacturer ○ Exporter
○ Person to whom the confirmation duty
Is delegated)
Information on provider of documents for confirmation / ⑫ Company name
⑬ Address
⑭ Person in charge / Name / Tel & Fax
Division / E-mail
⑮ / Confirmation
Item / Contained / None
Itemof confirmation / New chemical / Hazard review / □ / □
Exemption from Hazard review / □
Toxic chemical / Chemical name (CAS No.) / □
Content or range of content (%)
Observational
Chemical / Chemical name (CAS No.) / □
Content or range of content (%)
Restricted or
prohibited chemical / Chemical name (CAS No.) / □
Content or range of content (%)
⑯ Remark
In accordance with Article 9, Paragraph (1) of the Toxic Chemical Control Law and Article 2, Paragraph (1) of theMinisterial Decree of the law, I hereby confirm the components of □ Manufactured □ Imported product
Monthdayyear
Manufacturer (importer) : (Signature or seal)
(back page)
※ Point for preparation
1. “Manufacturer”shall mean a person who manufactures a chemical substance and “Importer”shall mean a person who intends to import a chemical substance (a person who pays customs tax under Article 19 of the Customs Law) pursuant to TCCL.
2. In ⑥,product names shall be described separately according to manufacture or import case.
3. In ⑦,exporting country shall be described only in case of import.
4. In ⑧, estimated annual manufacture or import amount shall be described.
5. In ⑨, only in case of import, HSK No.(Harmonized System Korea Number) under Consolidated Classification on Customs Taxes and Statistics, shall be described.
6. In ⑩, main use of product shall be described.
7. In ⑪, the confirmation method used for confirmation result of ⑮ shall be described.
8. A person to whom the confirmation duty is delegated shall mean a person whoperforms the confirmation of chemical substances on behalf of manufacturer (importer).
9. In ⑮, the matter on whether new chemicals, toxic chemicals, observational chemicals, restricted or prohibited chemicals under TCCL are contained in a product, shall be checked on the relevant box. If toxic chemicals, observational chemicals, restricted or prohibited chemicals are contained in the product, chemical names, CAS No., contents or content ranges of such chemical substances shall be described.
※The application is processed as below
Applicant / Processing organizationAssociation on chemicals management to which the duty is delegated by MOE pursuant to Article 56, Paragraph (2) of TCCL and Article 30, Paragraph (4) of the Ministerial Decree of the law,
Confirmation
Document / / Receipt
Review
Approval
[Exhibit Form No.4] (front page)
□Manufacture
□Import / Application formfor the Confirmation on Exemption from Hazard Review of Chemical Substance / Processing
Period
3 Days
(7 days in case of specific reason)
Applicant / ⓛ Company name / ② Business entity
registrationNo.
③ Representative's
Name / ④Person in charge
and contact point
⑤ Address of
business place
⑥Product name / ⑦Exporting country
⑧ Main use / ⑨ Manufacture
or importamount
at this time / ㎏
Items of Application / ⑩ Chemical name or
generic name / ⑪ CAS No. / ⑫ Content in product
or range of content(%)
⑬Structural formula
⑭ Estimated annual manufacture (import) amount / ㎏ / ⑮ Application for
confidentiality protection / □ Applicable
□ Not Applicable
⑯The reason for
application of
exemption
In accordance with Article 10, Paragraph (2) of the Toxic Chemicals Control Law and Article 4, Paragraph (1) of the Ministerial Decree of the law, we hereby apply for the confirmation on Exemption from Hazard Review of chemical substance
Date
Applicant (Signature or seal)
To the Head of Korea Chemicals Management Association
※ Attachment
A copy of document necessary for the confirmation on exemption from Hazard Review. / Application Fee
10,000 won
(back page)
※Point of preparation
1. In ⑥, the matter on manufacture or import shall be described for each product.
3. In ⑦, exporting country shall be described only in case of import.
4. In ⑧, estimated annual manufacture or import amount shall be described.
※The application is processed as below
Applicant / Processing organization
Association on chemicals management to which the duty is delegated by MOE pursuant to Article 56, Paragraph (2) of TCCL and Article 30, Paragraph (4) of the Ministerial Decree of the law,
Confirmation
Document / / Receipt
Review
Notice of Confirmation Result / / Approval
[Exhibit Form No. 11]
Import Noticeof Toxic Chemicals / Processing periodImmediately
Applicant / ①company name
② Representative's
name / ③Business
registration No.
④ Address
(Business place) / (Tel: )
Noticed Information
⑥ Product
name
(Trade
name) / ⑦Exporting country / ⑧Main use / ⑨Estimated annual import amount / ⑩HSK No. / Information onToxic Chemical
⑪Chemical name / ⑫Toxic Chemical No.
or CAS No. / ⑬ Content
In accordance with Article 19, Paragraph (1) of TCCL and Article 16, Paragraph (1) of the Ministerial Decree of the law, we hereby notify you the import of Toxic Chemical.
Date
Applicant (Signature or seal)
To the Head of Korea Chemicals Management Association / Fee
13,000 wonper product
[Exhibit Form No. 28]
□ ManufactureNotice of Observational Chemicals
□ Import / Processing period
Immediately
Applicant / ①company name
② Representative's
Name / ③Business
registration No.
④ Address
(Business place) / (Tel: )
Noticed Information
⑥ Product
name
(Trade
name) / ⑦Exporting country / ⑧Main use / ⑨Estimated annual import amount / ⑩HSK No. / Information onObservational Chemical
⑪Chemical name / ⑫Observational Chemical No.
or CAS No. / ⑬ Content
In accordance with Article 31, Paragraph (1) of TCCL and Article 31, Paragraph (1) of the Ministerial Decree of the law, we hereby notify you the import of Observational Chemical.
Date
Applicant (Signature or seal)
To the Head of Korea Chemicals Management Association / Fee
13,000 wonper product
1