Meaning
Non-routine detention of export or import cargo occurs when customs officers act on suspicion of intellectual property infringement without a pre-existing recordal on file. Such arbitrary border seizures happen when front-line officials identify goods that appear to violate trademark or patent rights during a regular inspection. The authority for these actions is granted under the GACC customs protection regulations to prevent the transit of counterfeit materials.
Discretionary Authority
Front-line officers possess the right to stop shipments they believe are infringing even if the brand owner has not registered their rights with the General Administration of Customs. This power allows the state to intervene in suspicious trade flows without waiting for a formal application.
Procedural Risk
Importers and exporters face prolonged delays when their goods are held without a prior legal filing. If the right holder cannot be contacted or fails to provide a bond within three working days, the arbitrary border seizures must be lifted and the cargo released. This short window places a burden on officials to act quickly.
Evidence Standard
The level of proof required to initiate a hold is lower than that required for a final judicial ruling. Customs agents only need a reasonable suspicion to start the process of arbitrary border seizures. Documentation proving the ownership of the trademark must be presented by the right holder before the hold is converted into a formal seizure.
