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Customs Act — Article 37-2 (Pre-Adjustment of Method of Determining Customs Value for Customs Duties and Method of Calculating Normal Price for National Taxes)

관세법 제37조의2

This English translation is based on the Korean text effective 2023-06-05. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) A person, who files an application for an advance ruling under Article 37 (1) because of his or her inquiry about the matter prescribed in Article 37 (1) 3, may simultaneously file an application for the prior approval of the method of calculating the normal price prescribed in Article 14 (1) of the Adjustment of International Taxes Act (limited to cases subject to unilateral advance pricing agreement under the proviso of Article 6 (2) of the same Act) with the Commissioner of the Korea Customs Service to undergo pre-adjustment of the customs value for customs duties and the normal price for national taxes (hereafter referred to as “pre-adjustment" in this Article). <Amended on Dec. 19, 2017; Dec. 22, 2020>

(2) Upon receipt of an application under paragraph (1), the Commissioner of the Korea Customs Service shall notify the Commissioner of the Korea Customs Service of the fact that he or she has received the application, by appending the application documents for the prior approval of the method of calculating the normal price, and shall consult with the Commissioner of the Korea Customs Service about the method of determining a customs value, the method of calculating the normal price, and the scope of the price to be pre-adjusted. <Amended on Dec. 19, 2017>

(3) When the consultation is held pursuant to paragraph (2), the Commissioner of the Korea Customs Service shall conduct pre-adjustment. <Amended on Dec. 19, 2017>

(4) The Commissioner of the Korea Customs Service shall notify the result of processing the application filed under paragraph (1) to the person who has filed an application for pre-adjustment and the Minister of Economy and Finance. <Amended on Dec. 19, 2017>

(5) Matters necessary for the methods, procedures, etc. for filing an application for pre-adjustment under paragraphs (1) through (4) shall be prescribed by Presidential Decree.[This Article Newly Inserted on Dec. 23, 2014][Previous Article 37-2 moved to Article 37-3 <Dec. 23, 2014>]

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