Bills of lading unnecessary for APTA tariff benefits: top court

The Supreme Court in Seoul / Yonhap

By Jung Min-ho

The Supreme Court has ruled that a bill of lading ― a receipt that acts as proof of ownership of goods being transported ― is not necessary to be eligible for tariff benefits included in an international trade deal.

According to the Seoul-based law firm HMP Law Thursday, the court has overturned the High Court's ruling, saying it is unlawful for the Seoul Main Customs service to acknowledge bills of lading as the only legitimate proof of direct transportation.

With the decision, those who trade under the Asia Pacific Trade Agreement (APTA) between seven member nations ― Korea, China, India, Mongolia, Sri Lanka, Bangladesh and Laos ― can now receive tariff concessions stated in the deal even without bills of landing if they provide other proof of direct dealings.

HMP said its Korean client filed a lawsuit against the customs office several years ago after officials refused to recognize its goods imported from China through Hong Kong were eligible for APTA tariff benefits for failing to provide a bill of lading.