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Exporting cosmetics and beauty products from South Korea

Under South Korea's Cosmetics Act, cosmetics made only for export and not sold in Korea may follow the importing country's rules instead of Korean rules on functional cosmetics, ingredients, labelling and claims. The maker and the responsible distributor are still registered with MFDS. Animal testing that an export market's law requires is an exception to the testing ban.

Updated · Each section links to the official source it comes from

Main law
Cosmetics Act (화장품법)
Export-only products
May follow the importing country's rules (Article 30)
Business registration
Manufacturer and responsible distributor register with MFDS (Article 3)
Animal testing
Exception where the export market's law requires it (Article 15-2)
Export declaration
To the head of a customs office (Customs Act)
Origin
Certificates of origin; FTA proof of origin

Before the goods leave

The questions to answer, in the order they usually come up.

  1. 1Is the product made only for export and not sold in Korea? Read more
  2. 2Which Korean provisions does it set aside, and which importing country rules replace them? Read more
  3. 3Are the manufacturer and the responsible distributor registered with MFDS? Read more
  4. 4Was any animal testing done, and does the export market's law require it? Read more
  5. 5Is the export declaration ready? Read more
  6. 6Does the buyer need a certificate of origin or FTA proof of origin? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Cosmetics made only for export

Article 30 of the Cosmetics Act lets export-only products follow the importing country's provisions in place of listed Korean rules.

  • Products for exportation only that are not sold domestically may comply with the provisions of an importing country, notwithstanding the Articles listed in Article 30 of the Cosmetics Act (화장품법).
  • Those Articles cover the examination or report for functional cosmetics (Article 4), ingredient standards and the lists of restricted raw materials (Article 8), childproof containers (Article 9), package statements, price labelling and label cautions (Articles 10 to 12), and substantiation of claims (Article 14).
  • Also set aside are the sales bans on functional cosmetics without an examination or report and on cosmetics using prohibited raw materials (Article 15, subparagraphs 1 and 5), and two of the sales bans in Article 16(1) and the ban on selling divided contents (Article 16(2)).
  • Bans on selling deteriorated, contaminated or adulterated cosmetics, or those made in unsanitary conditions, are not among the listed Articles (Article 15, other subparagraphs).

How we help: Compliant Always keeps the importing country's requirements beside the formula, label and claims of each export-only product, dated, and reads one against the other. Ask about this

Business registration

Who may make and place cosmetics, whatever the market.

  • A person conducting a cosmetic manufacturing business or a responsible cosmetic distribution business registers with MFDS (Article 3(1), Cosmetics Act).
  • A manufacturer meets the facility standards set by Prime Ministerial Decree (Article 3(2)).
  • A responsible distributor meets the quality management and post-market safety management standards and employs a responsible distribution manager (Article 3(3)).
  • Article 3 is not among the provisions Article 30 lets export-only products set aside.

How we help: Compliant Always keeps the manufacturer's and distributor's registrations with each product, dated, and answers importers' questions about them from the record. Ask about this

Animal testing and export markets

The Korean ban on distributing animal-tested cosmetics, and its exceptions for export.

  • Responsible distributors and customised cosmetic sellers may not distribute or sell cosmetics tested on animals, or made with raw materials tested on animals (Article 15-2(1), Cosmetics Act).
  • Exceptions include animal testing needed to export cosmetics under the law of the export partner country, and testing needed for product development under the importing country's law (Article 15-2(1)3 and 4).
  • MFDS works to develop alternatives to animal testing and help responsible distributors use them (Article 15-2(2)).

How we help: Compliant Always keeps the evidence for each ingredient's testing status with the product, and the export market's requirement where testing was done for it. Ask about this

Export declaration to customs

The Customs Act declaration for goods leaving Korea, and the checks customs makes on it.

  • A person who intends to export goods declares their names, standards, quantities and values, and other matters set by Presidential Decree, to the head of a customs office (Article 241(1), Customs Act).
  • The declaration is filed in the name of the owner of the goods or a licensed customs broker; an export declaration may also be filed in the name of the manufacturer that supplied the goods to the owner (Article 242).
  • For personal effects, consignments, unaccompanied goods and postal items, the declaration may be omitted or simplified as Presidential Decree prescribes (Article 241(2)).
  • Goods needing a permit, approval or label under other statutes at export are checked by customs for it at clearance (Article 226).
  • Korea Customs Service (KCS): the declaration goes to the customs office with jurisdiction over the place where the goods are stored, and customs may review documents or inspect the goods.
  • Goods are loaded onto the means of transport within 30 days of the declaration being accepted, extendable up to one year; otherwise acceptance may be revoked (Article 251).
  • KCS: a false declaration, or export without one, may be punished as a false report, smuggling or price manipulation under the Customs Act.

How we help: Compliant Always keeps the invoice, packing details and permits behind each declaration with the shipment and lot, dated, and shows what is missing before the goods are declared. Ask about this

Origin marking and certificates of origin

Marking origin on goods, certificates of origin for exported goods, and proving origin to claim a free trade agreement rate in the destination.

  • Goods the Minister has publicly announced as subject to origin marking are marked when exported or imported; false or misleading marks are prohibited (Article 33, Foreign Trade Act).
  • A certificate of origin for exported goods is applied for under Article 37 of the Foreign Trade Act, on payment of a fee.
  • Under a free trade agreement, a certificate of origin is either issued by an agency after it verifies the origin, or prepared and signed by the exporter, producer or importer, as the agreement provides (Article 11, FTA Customs Act).
  • An approved exporter certified by KCS may prove origin itself and use simplified procedures where the agreement allows (Article 12).
  • An exporter or producer that finds an error in a document evidencing origin notifies the customs office and the importer (Article 14); documents evidencing origin are kept for up to five years, or longer where the agreement says so (Article 15).
  • KCS issues a Certificate of Non-Manipulation for goods in transit or stored in a bonded area, used to show direct consignment under an FTA.

How we help: Compliant Always keeps origin workings, certificates and supplier declarations with the shipment, dated, and reads them against what the destination asks for. Ask about this

Drawback of duties on imported materials

Refund of customs duties paid on imported raw materials and packing used in exported goods.

  • Raw materials for export include materials combined into or used up in making the export goods, their packing materials, and goods imported and exported unchanged (Article 3, Drawback Act).
  • Exports eligible for refund include those with an export declaration accepted under the Customs Act (Article 4).
  • Duties are refunded on raw materials imported within two years before the date set by Presidential Decree, or three years in prescribed cases (Article 9).
  • The refund is applied for at a customs office designated by KCS within five years from the date the goods are offered for export (Article 14).

How we help: Compliant Always keeps the import entries and export declarations that tie a refund to each lot, dated, so the record can be shown when customs asks. Ask about this

Who answers for what

WhoWhat they answer forHow we help
Responsible cosmetic distributor or exporterDeciding a product is export-only, meeting the importing country's rules and filing the export declaration.Destination requirements, labels and declarations kept with each shipment, dated.
Cosmetic manufacturerMFDS registration, facility standards and making the product to the export specification.Registration, specification and batch records ready for each importer.
Customs broker or forwarderFiling the export declaration and loading within 30 days of acceptance.The documents behind each declaration in one record.
Ministry of Food and Drug Safety (MFDS)Registering businesses, and international cooperation with importing countries on cosmetics.Registrations ready when the ministry or a buyer asks.

Where are the goods going?

Most of what cosmetics and beauty products have to meet is set where they are sold. Each guide sets out the rules on arrival, with the official source for each.

Questions businesses ask

Can Korean cosmetics made for export use the destination's labelling rules?
Yes, if they are for export only and not sold in Korea. Article 30 of the Cosmetics Act lets them comply with the importing country's provisions in place of the Korean rules on package statements, price labelling and label cautions (Articles 10 to 12).
Can export-only cosmetics use ingredients not allowed in Korea?
Article 30 sets aside the ingredient standards (Article 8) and the sales ban on prohibited raw materials (Article 15, subparagraph 5) for products made only for export and not sold domestically, so the importing country's provisions may be followed.
Do export-only functional cosmetics need an MFDS examination?
Article 30 lets products for export only follow the importing country's provisions notwithstanding Article 4, which requires the examination or report for functional cosmetics such as whitening, anti-wrinkle and sunscreen products.
Does a cosmetics factory that only exports need to register?
Yes. Cosmetic manufacturing and responsible distribution businesses register with MFDS under Article 3 of the Cosmetics Act, which Article 30 does not set aside.
Can I export to a country that requires animal testing?
The Korean ban on distributing animal-tested cosmetics has an exception where animal testing is needed to export under the export partner country's law (Article 15-2(1)3, Cosmetics Act).
Can an export-only product later be sold in Korea?
Article 30 applies to products for export only that are not sold domestically. A product sold in Korea falls under the Korean provisions Article 30 lists.
Does MFDS work with importing countries on cosmetics?
The Cosmetics Act directs the Minister of Food and Drug Safety to strive for international cooperation, such as agreements with importing or exporting countries, to promote cosmetics exports (Article 33-2).
Can I reclaim duty on imported ingredients or containers?
Customs duties on imported raw materials and packing used in exported goods may be refunded, applied for within five years from the date the goods are offered for export (Drawback Act, Articles 3 and 14).
How does Compliant Always help with exporting from South Korea?
Our team reads the rules for the routes you ship. Compliant Always shows which export documents apply to your product, keeps them with the shipment beside what the destination asks for, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

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