According to the WTO Agreement on Technical Barriers to Trade (TBT), member countries are entitled to implement non-tariff measures (NTMs) if they serve legitimate policy objectives such as protecting human health, safety, or the environment. While NT...
According to the WTO Agreement on Technical Barriers to Trade (TBT), member countries are entitled to implement non-tariff measures (NTMs) if they serve legitimate policy objectives such as protecting human health, safety, or the environment. While NTMs are reasonable measures for importing countries to ensure the safety of imported goods, they may act as non-tariff barriers for exporters and importers by imposing additional compliance costs.
In practice, cases of non-compliance—such as missing required documents or importing prohibited animals and plants—often result in returned or discarded shipments. These issues stem from insufficient preparation regarding Korea’s import requirements, which are part of its NTMs.
This study focuses on NTMs related to imported food products closely linked to public health and hygiene, particularly agricultural, livestock, and processed foods. Despite annual reports from regulatory authorities detailing violation types and statistics, import requirement violations persist. The study aims to identify the causes of these violations and propose improvement measures.
To this end, the study examines the concepts of NTMs and non-tariff barriers, and analyzes food-related NTMs such as TBT and Sanitary and Phytosanitary Measures (SPS) based on WTO agreements. The classification of NTMs follows the UNCTAD framework, which offers detailed subcategories that align more effectively with Korean regulations.
Violation frequencies by product type are as follows:
First, for food inspections, the most common issues were violations of individual standards, pesticide residue limits, food additive regulations, and microbial standards.
Second, for plant quarantine failures, the leading cause was the import of prohibited plants, followed by soil-attached plants, mixed prohibited species, and notification violations.
Third, for animal quarantine failures, the most frequent issue was the import of livestock from prohibited regions, followed by missing original quarantine certificates, violations of agreed sanitary conditions, and discrepancies between the product and certificate.
To prevent such violations, the study proposes the following measures:
First, importers should review HS CODE-specific requirements in advance to identify prohibited ingredients, additives, or restricted species.
Second, essential documents such as manufacturing process charts, ingredient lists, factory registration certificates, and halal certifications must be obtained before payment.
Third, continuous quality control is necessary for recurring imports to reflect changes in ingredients or composition during customs declaration and avoid administrative sanctions.
The study also recommends that inspection and quarantine authorities clarify standards for ambiguous animal quarantine items and accept
PDF versions of heat treatment certificates for dairy products to facilitate faster customs clearance.
By consolidating Korea’s fragmented regulations and notifications related to food NTMs and analyzing violation cases, this study aims to contribute to future research on NTMs and serve as a practical guide for customs brokers handling food inspections and quarantine procedures.