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.
Port Preservation Order
Meaning
Judicial injunctions issued by maritime courts can freeze goods or vessels located within a shipping terminal to secure a pending legal claim. Obtaining a port preservation order allows a claimant to prevent the departure of cargo while a contractual dispute undergoes adjudication. This legal tool is critical for securing assets that could easily be moved out of the court’s jurisdiction.
Judicial Execution
The court issues the injunction directly to the port authority and customs officers, who must enforce the detention. This enforcement prevents the cargo from being loaded onto any vessel or being cleared for export. Port operators must hold the goods in a designated area until the court lifts the restriction.
Security Requirement
Applicants must provide a financial guarantee to cover any potential losses incurred by the owner of the detained cargo if the claim is unsuccessful. This guarantee can take the form of cash, bank letters of credit, or property located within the jurisdiction. Court clerks verify the security before executing the detention.
If the applicant fails to provide the required security, the court will dismiss the petition and the cargo will be allowed to depart without delay.
Release Condition
The court will lift the detention when the defendant provides a counter-security of equal value or when the dispute is resolved. This release allows the cargo to continue on its journey without further judicial delays. Alternatively, the parties can agree to a settlement that satisfies the claimant’s demands.