[The Korea Herald Business] Unfair penalty can be waived 7.23.2014

2014-10-07 02:51
J.J. Kim, the principal attorney at J.J. Kim & Associates was invited by the Korea Customs Department as a speaker to lecture on “US Customs Clearance Process and Upcoming Changes”.
Kim, specializing in Maritime, Transportation, Customs and International Trade Law, is presently known to be the only Korean lawyer certified as the Maritime specialist with the California Lawyers Association.
It is becoming known that the Korea Customs Department planned for this seminar as a way to seek Kim’s legal counsel on international conflicts on customs issues and the US customs, in light of his leading role in Customs and International Trade Law. Upon completing his seminar held at the Customs Department in the city of Daejun and returning to Los Angeles, Kim had a brief interview with the Korean Herald Business.

Q: You are known to be the only Korean lawyer specializing in Maritime Law in southern California region. What is Maritime Law?
A: The Maritime Law includes Transportation Law and any issues that may arise from ocean trade and transportation. For instance, let’s suppose a carrier in U.S. has been requested to transport goods from an exporter in Korea to a buyer in Mexico. Maritime Law governs all issues that may arise from the point of departure in Busan Port to landing in Long Beach Port and then land transport to Mexico. Trading companies, cargo carriers, importers and exporters, shipping companies, customs brokers, any businesses and individuals can become potential clients.

Q: If there is one particular unforgettable case which you represented for, could you please share with us?
A: It was a lawsuit between an exporter in Korea and an importer in U.S. The agreement was to pay for the goods once the goods were received however; the exporter in Korea was contending that they will not release the goods until the payment is made first, which was causing a great deal of damage on the importer. I represented the importer and we won the case, retrieving not only the goods but also the damage losses as well. The reward was close to 1 million dollars.

Q: Is it possible to raise an objection in regards to excessive customs duties?
A: Yes. Due to heightened restrictions by the Trademark Law, the disputes over copyrights are becoming more frequent. An importer had received a penalty fine of $2,700,000 by the U.S. Customs and Border Protection for the reason that their goods looked similar to a luxury brand, however we were able to get the entire penalty waived by submitting a reasonable appeal.

Q: Are you planning to hold any seminars for the Korean community?
A: I’m preparing a special seminar to promote and encourage the Korean trading companies, importing and selling textiles and apparels from Korea, to become more engaged with the Korea-U.S. FTA. Besides, as a representative specializing in disputes related to customs duty under the free trade agreement with U.S. and providing legal advice in regards to the effectiveness of many free trade agreements ( CAFTA, NAFTA, CFTA, GSP, KORUS FTA) and regulations of U.S. Customs, I will always strive to provide an exceptional legal service for the Korean community.

Serving as the Chairman of the Orange County Korean Chamber of Commerce for 4 years since 2009, J.J. Kim has been focusing on trying to help build an active network among the Korean businesses and to promote them to not only the Asian community but also to the mainstream society. Also, he has been actively practicing law in several areas including International Trade, Customs, Maritime, and Transportation.

Link to the original article (in Korean)