Meaning
Targeted detention of cargo by customs occurs at the specific request of a right holder who suspects a shipment contains infringing products. An ex-application customs hold requires the trademark or patent owner to provide exact details about the vessel, the container number, and the port of entry. This mechanism allows owners to stop unauthorized goods even if they have not yet recorded their rights in the national database.
Request Procedure
The applicant must submit a formal petition to the General Administration of Customs along with evidence of their intellectual property rights. Detailed information regarding the expected arrival of the shipment is necessary for a successful ex-application customs hold. Officers will only stop the specific goods named in the request.
Bond Requirement
Financial security must be deposited by the applicant to cover any losses the importer may incur if the shipment is found to be legitimate. The amount of the bond often equals the full value of the goods being held.
Time Limit
Customs will only detain the shipment for twenty working days unless the applicant obtains a court order for further preservation. If no judicial intervention occurs within this period, the ex-application customs hold is lifted and the goods proceed to their destination. This deadline ensures that trade is not stalled indefinitely by unsubstantiated claims.
Importers can resume their logistics operations immediately once the period expires.
