On September 11, 2018, U.S. Customs and Border Protection (CBP) published implementation instructions on the U.S.-Korea Free Trade Agreement (KORUS).
The instructions include rules of origin, regional value content calculation methods, textile and apparel, quotas, post importation claims, and other information requirements.
CBP notes that generally goods may be considered as originating under KORUS when:
-
The good is wholly obtained or produced entirely in the territories of the Parties (Republic of Korea, the U.S. or both);
-
Each of the non-originating materials used in the production of the good undergoes an applicable change in tariff classification specified in GN 33(o);
-
The good otherwise satisfies the regional value content (RVC) requirements and all other applicable requirements;
-
The good is produced entirely in the territory of one or more of the Parties exclusively from originating materials.
CBP notes that the importer is responsible for substantiating the validity of a preference claim, and that the importer may make a post importation claim within one year of importation for preferential treatment under KORUS.
The KORUS implementation instructions may be found here:
https://www.cbp.gov/trade/free-trade-agreements/korea/korus-implementation-instructions