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Exporting toys from South Korea

South Korea's Special Act on the Safety of Children's Products lets the Minister exempt toys and other children's products made or imported for export from safety certification and safety verification, and lists them among products that carry no supplier's declaration mark. The destination's toy rules then apply. Exports are declared to customs, and origin is proved for FTA rates.

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

Main law
Special Act on the Safety of Children's Products (어린이제품 안전 특별법)
Children's products
For children not over 13 years of age
Safety certification
May be exempted for export (Article 18)
Safety verification
May be exempted for export (Article 22(8))
Supplier's declaration mark
Not placed on export products (Article 25(1))
Export declaration
To the head of a customs office (Customs Act)

Before the goods leave

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

  1. 1Is the toy made or imported for export, and never sold in Korea? Read more
  2. 2Which Korean safety tier would apply if it were sold in Korea? Read more
  3. 3Is the export declaration ready? Read more
  4. 4Does the buyer need a certificate of origin or FTA proof of origin? Read more
  5. 5Were imported parts or packing used, and is drawback being claimed? Read more

The rules, by area

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

Children's products made for export

Exemptions in the Special Act on the Safety of Children's Products for products manufactured or imported for export.

  • Children's products are goods, or their parts or accessories, used by or for children not over 13 years of age (Article 2, Special Act on the Safety of Children's Products).
  • The Minister of Trade, Industry and Resources may fully or partially exempt a children's product subject to safety certification where it is manufactured or imported for research and development, or for export (Article 18(1)1).
  • The Minister may exempt a children's product subject to safety verification from the report, or fully or partially from testing and inspection, on the same ground (Article 22(8)1).
  • Under the proviso to Article 25(1), products manufactured or imported for export are listed among the cases in which no mark of supplier's declaration of conformity may be placed (Article 25(1)1).
  • The details of each exemption are set by Decree of the Ministry of Trade, Industry and Resources.

How we help: Compliant Always records which Korean tier each toy would fall in and whether it is made for export, and keeps the destination's test reports with the lot, dated. 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
ManufacturerMaking the toy to the destination's safety rules and recording that it is for export.Test reports and export records kept with each lot, dated.
ExporterThe export declaration and the origin documents the buyer needs.Declarations and certificates kept with each shipment.
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 toys 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

Do toys made for export from South Korea need Korean safety certification?
The Minister of Trade, Industry and Resources may exempt children's products manufactured or imported for export from safety certification and safety verification (Articles 18 and 22, Special Act on the Safety of Children's Products). Export products are also listed among those that carry no supplier's declaration mark (Article 25).
What counts as a children's product?
Goods, or their parts or accessories, used by or for children not over 13 years of age, with listed exclusions (Article 2, Special Act on the Safety of Children's Products).
Is the export exemption automatic?
For safety certification and safety verification, the Minister may exempt export products, fully or partially, as ministerial decree prescribes. For the supplier's declaration of conformity, the Act lists export products among the cases in which no declaration mark may be placed (Article 25(1)).
Can I import toys into Korea and re-export them without Korean safety testing?
The exemptions cover children's products manufactured or imported for export (Articles 18, 22 and 25, Special Act on the Safety of Children's Products).
Which toy rules apply to my exported toys?
Those of the destination. This guide covers what Korea requires before the toys leave; the market guides cover what each destination requires on arrival.
Who files the export declaration for toys?
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, Customs Act).
How do I prove Korean origin for an FTA rate?
A certificate of origin is issued by an agency after verification, or prepared and signed by the exporter, producer or importer, as the agreement provides (Article 11, FTA Customs Act). An approved exporter may prove origin itself (Article 12).
Can I reclaim duty on imported parts used in exported toys?
Duties on imported materials combined into exported goods, and their packing, 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.

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