Can a Certificate of Origin Issued by My Export Agent on My Behalf Be Recognized as Official Under the Korea-China FTA? Detailed Regulations Requested. Released

You've inquired whether a certificate of origin issued by an export agency on behalf of an exporter can be recognized as a valid certificate of origin under the Korea-China FTA agreement. To state the conclusion first, the Korea-China FTA agreement formally recognizes certificates of origin issued by an exporter's agent. However, several important points must be carefully checked.

If you look at Article 3.20 (Certificate of Origin), Paragraph 5, of the Korea-China FTA Agreement, it specifies that a certificate of origin may be applied for by the exporter, producer, or their agent. This means that an export agency is qualified to obtain a certificate of origin as the exporter's 'agent'. Therefore, the certificate of origin itself issued by an export agency is valid.

However, the crucial point here is whether the export agency properly performed its role as an 'agent'. An agent must not only issue the certificate of origin but also accurately ascertain whether the goods in question meet the rules of origin prescribed by the Korea-China FTA Agreement and possess the necessary documentation to prove it. If the export agency issued the certificate of origin without verifying compliance with these rules of origin and securing supporting documents, it could pose a problem.

Therefore, we recommend that you check the following points:

• Verify whether the export agency accurately understands the rules of origin for the goods in question and possesses the documentation (e.g., manufacturing process flowcharts, raw material purchase records, origin declaration statements, etc.) that can prove compliance with those rules.
• Confirm the accuracy of the information stated on the certificate of origin issued by the export agency. You must carefully check if details such as the Harmonized System (HS) Code, rules of origin, exporter information, and importer information are correctly entered.
• Ascertain whether the authority to issue the certificate of origin is clearly delegated in the export agency agreement or power of attorney.

If any issues are found during the verification of the above points, you may need to immediately consult with the export agency to amend the certificate of origin or, if necessary, have a new one issued. Errors or false statements on the certificate of origin can lead to disadvantages during subsequent reviews by customs authorities.

Finally, for more detailed information, you can refer to the original text of the Korea-China FTA Agreement, as well as related commentaries and Q&A cases provided by the Korea Customs Service. If needed, we recommend consulting with a customs broker for accurate advice.