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Exporting food supplements from South Korea

In South Korea, health functional foods made for export may follow the standards and specifications the importer demands, under the Health Functional Foods Act. The factory still holds its MFDS manufacturing permit. Exports are declared to customs, and origin is proved for FTA rates. MFDS export certificates could not be checked for this guide.

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

Main law
Health Functional Foods Act (건강기능식품에 관한 법률)
Export standards
May follow the importer's (Article 14(4))
Manufacturer
MFDS permission for each place of business (Article 5)
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 a health functional food, or an ordinary food under the Food Sanitation Act? Read more
  2. 2Is it made to Korean standards, or to the importer's standards for export only? Read more
  3. 3Does the manufacturer hold MFDS permission for the place of business? Read more
  4. 4Is the export declaration ready? Read more
  5. 5Does 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.

Standards for exported health functional foods

How MFDS standards and specifications apply to supplements that are exported.

  • MFDS sets standards and specifications for the manufacture, use and preservation of health functional foods for sale (Article 14(1), Health Functional Foods Act).
  • The standards and specifications for health functional foods for exportation may follow those demanded by importers (Article 14(4)).
  • A supplement-type product that is an ordinary food falls under the Food Sanitation Act, whose standards for exported foods may also follow those stipulated by importers (Article 7(3), Food Sanitation Act).

How we help: Compliant Always keeps the importer's specification and the test reports against it with each lot, dated, and reads them against what the destination asks for. Ask about this

The manufacturing permit

The licence the maker holds whatever the market.

  • Anyone commercially manufacturing health functional foods obtains MFDS permission for each place of business (Article 5(1), Health Functional Foods Act).
  • Closure of the business, or changes to prescribed terms of the permission, are reported to MFDS (Article 5(2)).
  • Article 14(4) relaxes the standards and specifications for export products; it does not mention the business permit.

How we help: Compliant Always keeps the manufacturer's permit with each product it makes, dated, and answers importers' questions about it from the record. 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
ExporterThe export declaration and the origin documents the buyer needs.Declarations and certificates kept with each shipment, dated.
ManufacturerThe MFDS permit and making the product to the agreed specification.Permit, specification and test reports ready for each export.
Customs broker or forwarderFiling the export declaration and loading within 30 days of acceptance.The documents behind each declaration in one record.

Where are the goods going?

Most of what food supplements 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 supplements for export follow the destination's standards?
Yes. The standards and specifications for health functional foods for exportation may follow those demanded by importers, notwithstanding MFDS standards (Article 14(4), Health Functional Foods Act).
Does a supplement factory need a licence if it only exports?
The Health Functional Foods Act requires MFDS permission for each place of business that commercially manufactures health functional foods (Article 5). The export exception in Article 14(4) concerns standards and specifications only.
What if my supplement is sold as an ordinary food?
Then the Food Sanitation Act applies. Its standards and specifications for exported foods and food additives may also follow those stipulated by importers (Article 7(3)).
Who files the export declaration?
The owner of the goods or a licensed customs broker, to the head of a customs office. An export declaration may also be filed in the name of the manufacturer that supplied the goods to the owner (Articles 241 and 242, Customs Act).
Can my buyer claim a free trade agreement rate on Korean supplements?
If the product meets the agreement's origin rules. A certificate of origin is issued by an agency after verification, or prepared by the exporter, producer or importer, as the agreement provides (Article 11, FTA Customs Act).
How long are origin documents kept?
Importers, exporters and producers keep documents evidencing origin for the period set by Presidential Decree, up to five years, or longer where the agreement specifies (Article 15, FTA Customs Act).
Can I reclaim duty on imported ingredients used in exported supplements?
Customs duties on imported raw materials and packing used in exported goods may be refunded. The refund is 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.

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