GACC Customs Recordation Procedures for Intermediate Component Seizure Actions
Record intermediate component patents and authorized supplier codes with GACC to execute immediate border seizures against unauthorized vendor exports.
Ex-Officio Seizure
Meaning
Administrative detention of goods occurs when customs authorities initiate the withholding of commodities suspected of intellectual property infringement without a prior formal complaint from a right holder. This ex-officio seizure functions under the Customs Law of the People’s Republic of China, granting officials the power to intervene upon discovery of infringing cargo during routine verification or terminal inspection. Competent authorities execute this power to protect national interests and enforce trade regulations when illicit shipments appear within the supply chain.
Procedural Trigger
Officials typically exercise this authority after physical discovery of goods bearing suspicious trademarks or patent markings that contradict registered information in the customs database. An inspector might identify a discrepancy between the declaration documentation and the physical contents of a container, prompting a temporary hold on the entire lot. Verification occurs through the submission of samples to the intellectual property bureau for authenticity confirmation.
Enforcement Limit
Statutory constraints confine the duration of this administrative hold to twenty working days, starting from the date the cargo is detained. Customs authorities notify the relevant intellectual property right holder regarding the incident, providing them an opportunity to seek judicial protection or deposit a guarantee for further preservation of the goods. If the right holder fails to respond or secure a court order, the authorities release the property to the consignee.
Legal Consequence
Administrative costs related to the storage and destruction of illicit goods rest with the infringing party once a final decision confirms the violation. Seizure of this nature alters the commercial standing of the importer, as customs records reflect the discrepancy for future risk assessments and increased scrutiny of subsequent shipments. Repeated findings of infringement frequently lead to permanent blacklisting or the revocation of export credentials for the involved trading entity.