Q&A Series on Difficulties of GHS Compliance Implementation in Korea: CBI Application

Korea CBI application (confidential business information, trade secret) refers to the harmful factors in the MSDS target substances in Korea.
If the concentration limit is exceeded, it must be reflected in the MSDS, but the company wishes to use alternative names and/or alternative content due to the needs of business secrets.
, it is necessary to submit a CBI application to the MoEL (Korea Ministry of Employment and Labor), and only after the approval can the permitted alternative name and/or alternative content be used in Part 3 of the MSDS
.

The CBI application object is only for harmful factors, and the CBI application also enjoys the 1-5 year buffer period submitted by MSDS, but it should be noted that not all substances can be applied for confidentiality
.

In this regard, in order to help chemical companies to deeply understand the main points of South Korea's CBI application, Ruiou held a series of Korean GHS regulations seminars in July, systematically introduced South Korea's GHS overview and compliance response points, and submitted South Korea's MSDS.
The main points of the CBI application were comprehensively shared, but for these compliance points, everyone encountered different problems
.
Therefore, we have integrated some difficult points about CBI application here, hoping to make everyone clearer about the ideas and methods of chemical compliance in Korea
.

Korea CBI application

1.
Can different products be appointed to different ORs to apply for CBI separately? Also, can different ORs be appointed for CBI application and MSDS submission for the same product?

A: Different products can appoint different ORs for CBI application respectively, but the same product cannot appoint different ORs for CBI application and MSDS submission respectively
.
Because if the OR is appointed to apply for CBI, the OR must be appointed to write and submit MSDS, as well as submit component information, chemical substance confirmation documents,
etc.

2.
Can the alternative name and alternative content for CBI application be directly put on the MSDS of the product submitted during the CBI application?

Answer: No, because it has not yet been approved by CBI at this time.
After the CBI application is approved, update the MSDS of this product, put the alternative name, alternative content, CBI approval number and validity period, and submit it
.

3.
For the non-hazardous components, we want to reflect the third part of the MSDS.
At the same time, we also want to keep it confidential, use the class name, and not reflect the CAS number.
Is it possible?

Answer: Non-harmful factors cannot apply for CBI.
If you insist on being reflected in Part 3 of the MSDS and keep it confidential, you can formulate an alternative name in accordance with the Ministry of Environment's "Provisions for the Preparation of Data Protection Application Form and the Management Methods for Data Protection, etc.
" Article 17 of the Ministry of Employment and Labor Announcement 2020-130 proposes an alternative content and does not require an application to the Ministry of Employment and Labor
.

4.
Does MoEL consider confidential components that have been registered in other countries/regions as publicly disclosed? How should that be worded to reflect the confidentiality of the classified components?

A: It is one of the contents that needs to be explained that the confidential component has been registered in other countries/regions.
It only needs to be explained truthfully in the evidential materials that are considered to be commercial secrets.
The registered components cannot be claimed for the purpose of guaranteeing confidentiality.
Not registered
.
As for the wording, it is enough to explain it according to the facts, and the basis for the review is controlled by the Ministry of Employment and Labor
.

5.
We are an overseas supplier of mixed products and exported to South Korea, but our upstream did not disclose all components to us.
They regard the names and CAS numbers of some components as confidential information.
We want to export to South Korea how to combine Regulations?

A: There are three compliance paths as follows:

1.
Insist on requiring upstream suppliers to disclose the CAS number, name and content so that you can provide valid information to the Department of Employment and Labor
.

2.
Upstream suppliers appoint OR and apply for CBI, how to pass the confidentiality approval number, validity period, alternative name, and alternative content to you, and then you will comply with the confidentiality approval number,
etc.

3.
Try to replace compliant upstream suppliers.
From the perspective of the Korean Ministry of Employment and Labor, they do not allow potential hazards to go uncontrolled, thereby affecting the health of citizens and the Korean market
.

6.
Can I apply for an extension after the CBI extension application?

Answer: There is no provision for this regulation.
After a CBI extension application, CBI has been used for at least ten years
.