Import Suspension by Customs Authorities
Interlink編集部Import Suspension by Customs
Import suspension by customs is a system and practice where customs stops the import of cargo suspected of infringing intellectual property rights at the border and verifies whether the cargo constitutes intellectual property infringing goods.
The targeted goods include those potentially infringing trademarks, design rights, copyrights, neighboring rights, patents, utility model rights, breeder's rights, and certain items violating the Unfair Competition Prevention Act.
In import operations, issues often arise with counterfeit goods, fake brand products, logo-bearing copies, character goods, design imitations, pirated goods, and replacement parts resembling genuine products.
Customs import suspension is not simply a customs clearance delay. It is part of border enforcement to decide whether to allow the import of cargo that may qualify as intellectual property infringing goods.
Scope Covered in This Article
This article organizes import suspension by customs, the Import Suspension Petition System, customs border enforcement, and points of caution from the perspective of importers and freight forwarders.
"Customs Hold" is a practical status where customs clearance is temporarily stopped due to customs verification or document submission requirements.
"Certification Procedure" is the process where customs determines whether suspected infringing goods constitute intellectual property infringing goods.
"Import Suspension Petition System" is the system whereby rights holders can request the head of customs to suspend the import of cargo they believe infringes their rights and initiate the certification procedure.
Therefore, Customs Hold, Certification Procedure, and the Import Suspension Petition System are not synonymous. This article mainly focuses on the Import Suspension Petition System and border import suspension by customs.
| Item | Content Covered in This Article | Content Covered in Other Articles |
|---|---|---|
| Import Suspension by Customs | The system and practice where customs stops the import of cargo suspected of intellectual property infringement at the border are covered. | The legal framework and position of all intellectual property infringing goods are covered in "What Are Intellectual Property Infringing Goods?". |
| Import Suspension Petition System | The system in which rights holders request the head of customs to suspend suspicious cargo and carry out certification procedures is covered. | Details of petition documents, petition requirements, and submissions from the rights holder side are covered in "Import Suspension Petition". |
| Difference from Customs Hold | Customs Hold, Import Suspension, and Certification Procedures are organized as distinct stages. | The transition from customs hold to rights holder confirmation and certification procedures is covered in "Rights Holder Confirmation and Customs Hold". |
| Applicable Rights | A cross-sectional overview of trademarks, designs, copyrights, patents, breeder's rights, and Unfair Competition Prevention Act violations is provided. | Individual judgments of trademarks, design rights, and copyrights are covered in "Trademark Infringing Goods", "Design Right Infringing Goods", and "Copyright Infringing Goods". |
| Importer Side Response | Handling of authenticity, usage permissions, purchasing routes, and explanation documents for parallel import are covered. | Practical checks before import are covered in "Intellectual Property Rights and Import Practice". |
| Forwarder Response | Confirmation with cargo owners, document collection, coordination with customs brokers, deadline management, and explanation of cost risks are covered. | Legal judgment on rights infringement and preparation of opinions are organized on the importer, expert, and customs broker side. |
| Costs and Disposal Risks | Storage fees, disposal costs, voluntary abandonment, rights holder consent, and possible returns are covered. | Individual costs such as Demurrage, Storage, and Detention are covered in each relevant cost article. |
What Is the Import Suspension Petition System?
The Import Suspension Petition System allows rights holders owning intellectual property rights to file a petition with the head of customs to suspend the import of cargo suspected of infringing their rights and initiate a certification procedure when such cargo is about to be imported.
When the rights holder files an import suspension petition in advance and it is accepted by customs, customs performs checks on imports suspected to match the petition details.
From the rights holder’s perspective, this system serves as a border measure to prevent counterfeit and infringing goods from entering the Japanese market.
From the importer and freight forwarder perspective, it appears as a sudden check at customs clearance requiring proof of authenticity, purchasing routes, rights holder permissions, and explanation materials for parallel import.
Main Rights Covered
The intellectual property rights that may be subject to import suspension include the following.
| Rights / Laws | Main Targets | Cargo Often Problematic in Import Practice | Documents to Check |
|---|---|---|---|
| Trademark Rights | Brand names, logos, product names, marks | Counterfeit brand goods, logo-printed copies, unauthorized trademark use | Official purchase invoices, proof of purchase, authorized sales certificates, trademark use permissions |
| Design Rights | Product shape, appearance, design, patterns | Furniture, appliances, miscellaneous goods, replacement parts resembling famous products’ appearance | Product photos, drawings, specifications, comparison materials with registered designs |
| Copyright | Characters, illustrations, images, videos, music, books, software | Pirated goods, unauthorized character products, unauthorized reproductions | License agreements, usage permission documents, authorized sales certificates, product images |
| Neighboring Rights of Copyright | Sound sources, videos, broadcasts, performances, and similar items | Unauthorized reproductions of sound or video-related goods | Sales permission documents, rights holder documentation, authorized distribution records |
| Patent Rights / Utility Model Rights | Technical inventions, structures, functions | Products or parts using rights holders’ technology without permission | Specifications, technical documents, rights holder permissions, non-infringement explanations |
| Breeder’s Rights | Registered varieties, seeds, plants, and similar items | Seeds and plants imported without rights holder permission | Variety registration documents, import permissions, supplier records, plant quarantine-related documents |
| Unfair Competition Prevention Act Violations | Causing confusion by product labeling, unauthorized use of well-known marks, imitation forms, and similar acts | Products using famous brand indications, imitation forms | Product photos, sales pages, labeling details, comparison materials, non-applicability explanations |
The types of rights differ depending on which documents need to be checked and what judgment criteria apply. When brand names or logos are the issue, trademark rights are primary. When the product’s appearance is the issue, design rights are central. When characters or images are the issue, copyright is the key focus.
Situations Where Import Suspension Occurs
Import suspension can occur triggered by customs inspections, document checks, cargo verification, or information from rights holders requesting import suspension.
If the rights holder has already filed an import suspension petition with customs in advance, customs will check the relevant cargo based on that petition.
Even if no such petition exists, customs may conduct verification or place import clearance on hold if there are suspicions based on cargo labeling, appearance, price, quantity, suppliers, or sales pages.
At this stage, it is not determined that the importer has committed an illegal act. However, if the importer cannot explain the authenticity of the goods, rights holder permissions, source of procurement, or reasons why the cargo does not infringe rights, the case may proceed to the certification procedure.
Relationship with the Certification Procedure
The certification procedure is the process by which customs decides whether the suspected infringing goods identified qualify as intellectual property infringing goods.
Once the procedure begins, customs notifies both the importer and the rights holder.
The importer is required to submit statements or evidence by the specified deadline demonstrating that the cargo is not prohibited for import and does not infringe intellectual property rights.
If certified as non-infringing, import clearance proceeds. If certified as intellectual property infringing goods, import will not be permitted, and considerations follow such as disposal, voluntary abandonment, obtaining the rights holder’s import consent letter, corrective actions, or possibilities of re-export.
Details of the certification procedure, the flow from customs hold to certification, and specific actions for importers and freight forwarders are outlined in a separate article, "Rights Holder Confirmation and Customs Hold".
Meaning of Import Suspension Petitions from the Importer’s Perspective
For rights for which import suspension petitions have been accepted, customs may focus its inspections intensively at the border.
Importers must pre-check whether third-party rights relate to trademarks, designs, copyrights, characters, technology, shapes, and similar elements for the goods they handle.
Particular caution is needed for overseas e-commerce procurement, brand goods from foreign wholesalers, character products, replacement parts resembling genuine parts, and imitation appearance goods.
Even if importers explain that “these were commonly sold overseas” or “the seller stated these were genuine,” such explanations may not be sufficient as materials for customs inspections.
Differences Between Import Suspension and Customs Hold
Customs Hold refers to a practical situation where import clearance is temporarily suspended pending customs verification or submission of documents.
Import Suspension is the act of customs stopping the import of goods suspected to infringe intellectual property rights.
Certification Procedure is the process where customs decides whether the suspected infringing goods actually qualify as intellectual property infringing goods.
Although these three terms are connected in practice, they do not have the same meaning.
| Term | Meaning | Practical Stage | Main Parties Involved | Notes |
|---|---|---|---|---|
| Customs Hold | Temporary suspension of import clearance | Initial verification stage | Customs, customs brokers, importers, freight forwarders | Not a confirmation of illegality, but requires submission of documents. |
| Import Suspension | Customs stops the import of goods suspected of intellectual property infringement | Border enforcement / suspension stage | Customs, importers, rights holders, customs brokers | Issues may arise triggered by import suspension petitions or customs verifications. |
| Certification Procedure | Customs decision process on whether suspected goods qualify as intellectual property infringing goods | Eligibility judgment procedure stage | Customs, importers, rights holders | Statements or evidence must be submitted within the deadline. |
Practical Workflow
| Stage | Main Points to Check | Common Causes of Delay | Practical Responses |
|---|---|---|---|
| Before Purchasing | Trademark, design, copyright, license, procurement route | Judging the goods as genuine based solely on the overseas seller’s explanation | Confirm if it is an authorized retailer, whether rights holder approval exists, and verify the procurement route. |
| Before Import Arrangement | Brand name, logo, character, product appearance, model number | Invoice product description is vague, causing rights risks to be overlooked | Check for product photos, sales pages, model number documents, and the presence of approval documentation. |
| Customs Inspection / Verification | Cargo markings, appearance, quantity, price, packaging | Discrepancy between documentation and cargo appearance | Review customs inquiry details and request necessary documents from the importer. |
| Customs Hold | Explain the genuineness, usage permission, and procurement route with documentation | Unable to submit proof of authorized sale or license documents | Organize response deadlines, storage locations, possible submission documents, and expected costs. |
| Start of Certification Procedure | Determine whether the importer submits an opinion statement and evidence within the deadline | Importer does not understand the significance of the procedure and the response deadline is approaching | Encourage expert consultation as needed and have the importer decide on their response policy. |
| Certification Result | If non-applicable, import permission is granted; if applicable, consider destruction, voluntary abandonment, obtaining consent, and similar measures | Storage fees, destruction costs, sales plans, and who bears expenses become issues | Organize methods of disposal, cost responsibility, sales planning, and explanations to business partners. |
Documents Required from the Importer
When import suspension or certification procedures related to customs occur, the importer needs to prepare the following documents:
- Invoice indicating legitimate purchase
- Proof of purchase
- Proof of authorized sale
- Supplier information
- License agreements
- Usage permission letters
- Certificates from rights holders or authorized agents
- Product photos
- Product catalogs
- Sales pages
- Model number documentation
- Documents explaining dissimilarity with registered designs or copyrighted works
- Documents demonstrating that parallel import poses no issues
These documents are not just to claim “these are genuine products” but to prove the goods do not infringe intellectual property rights.
If only foreign-language documents are available, Japanese translations or supplementary explanations may be necessary. Delays in document submission can significantly impact response deadlines, storage fees, delivery delays, and sales plans.
Common Misunderstandings
| Common Misunderstanding | Actual Understanding | Practical Notes |
|---|---|---|
| Customs Hold means import suspension is confirmed | Customs Hold is an initial verification phase requiring customs confirmation or document submission. | Check whether the current phase is customs hold, certification procedure, or post-refusal decision. |
| No intellectual property verification occurs if an import suspension petition is not filed | Even without a petition, customs may conduct verification based on cargo markings or appearance. | Pre-check brand name, logo, character, appearance, and procurement route. |
| It is enough if the sales page states the product is genuine | Sales page labeling alone may be insufficient to prove genuineness or procurement route. | Verify proof of purchase, proof of authorized sale, rights holder approval, and supplier documentation. |
| Small quantity goods are not subject to import suspension | Even small quantities may be subject to customs verification or certification if intellectual property infringement is suspected. | Exercise caution for overseas e-commerce, small shipments, samples, and novelty items. |
| Removing the logo guarantees import approval | Correction of markings may resolve issues, but appearance, character, or copyrighted elements may still be problematic. | Confirm customs decisions, rights holder responses, feasibility of corrections, and nature of the goods. |
| The freight forwarder will explain non-infringement | Freight forwarders are not the judges of rights infringement; they coordinate document collection and customs communication. | Organize checklist of confirmations, submission documents, deadlines, and potential cost risks without definitive statements. |
| If import is denied, marine cargo insurance will cover the loss | Losses related to intellectual property infringement or import bans differ from physical damage during transport. | Address this as rights verification, contractual responsibility, and importer risk management prior to purchasing, rather than insurance coverage. |
Impact on Freight Forwarder Operations
When import suspension occurs, customs clearance schedules are significantly delayed.
This can affect delivery schedules, sales plans, warehouse arrangements, distribution planning, sales start dates, and factory operations.
Additionally, additional costs such as storage fees, inspection attendance fees, document preparation fees, translation costs, re-delivery fees, and, for FCL shipments, Demurrage, Storage, and Detention charges may arise.
If final import refusal occurs, options such as voluntary abandonment, destruction, return feasibility, obtaining rights holder consent, and corrective actions need consideration.
These costs and decisions differ from ordinary transport accidents and should be managed as intellectual property and regulatory compliance risks.
Freight Forwarder Responses
Freight forwarders are not authorized to make import suspension decisions.
However, in practice, they act as coordinators. When contacted by customs or customs brokers, they must promptly inform the shipper of the situation and encourage submission of necessary documents.
It is also important to share, early on with the shipper, the impact on schedules, additional costs, and future response policies.
Freight forwarders should avoid making definitive statements such as “There is no problem,” “These are genuine products,” or “There is no rights infringement.”
The role of the freight forwarder includes fact verification, document collection, coordination with customs brokers, deadline management, and explanation of cost risks.
Scope of Freight Forwarder Involvement
| Stakeholder | Main Role | What They Can Do | What They Should Not Do | Practical Notes |
|---|---|---|---|---|
| Importer | Purchasing cargo, confirming rights, import declaration, main party for document submission | Explain authenticity, usage authorization, procurement routes, and non-infringement reasons with documents | Determine there is no issue based solely on seller's explanation | Pre-purchase confirmation and securing documents are the most important. |
| Freight Forwarder | Transportation arrangement, shipper confirmation, document collection, coordination with customs brokers | Request necessary documents from the shipper and share status with the customs broker | Legally conclude on the existence of rights infringement or import eligibility | Organize items to be confirmed, submitted documents, deadlines, and cost risks without making definitive legal judgments. |
| Customs Broker | Import declaration, answering customs inquiries, organizing submitted documents | Convey customs inquiries to the importer and organize document submission | Conclude no intellectual property infringement without sufficient documentation | Vague explanations on product name, model number, labeling, usage, or procurement sources may prolong confirmation. |
| Customs | Border enforcement, import suspension, certification procedures | Verify cargo, documents, and rights information and proceed with certification procedures if necessary | Guarantee legality based solely on the importer's subjective explanation | If doubts remain, customs clearance may be withheld or certification procedures may proceed. |
| Rights Holders / Authorized Agents | Verify authenticity, licenses, and presence or absence of rights infringement | Engage in providing proof of authorized sales, usage permissions, import consent, and genuine goods confirmation | Assume instant responses for all cases as a given | Delayed responses can lead to storage fees and delivery delays. |
Decision Checklist
| Confirmation Stage | Who to Confirm With | Items to Confirm | Actions if Issues are Found |
|---|---|---|---|
| Before Procurement | Importer / Supplier | Trademarks, designs, copyrights, licenses, procurement routes | Confirm if it is an authorized dealer, whether rights holder approval exists, and the procurement route. |
| Before Import Arrangement | Importer / Shipper | Brand name, logo, character, product appearance, model number, sales purpose | Check availability of product photos, sales pages, model number documentation, and license documents. |
| When Customs Inquiry Occurs | Customs Broker / Importer | Inquiry content, response deadlines, required documents, cargo storage location | Clarify response deadlines and prioritize document acquisition. |
| When Customs Hold Occurs | Importer / Shipper | Authenticity, usage authorization, procurement route, non-infringement reasons | Organize available documents and clearly request any missing documentation. |
| When Certification Procedures Start | Importer / Customs Broker | Opinion letters, evidence submission, voluntary forfeiture, disposal, obtaining consent letters | Encourage expert confirmation as needed and determine policy within deadlines. |
| When Import May Be Denied | Importer / Customs Broker | Disposal, voluntary forfeiture, rights holder consent, modification, return possibility, cost burden | Organize disposal methods, cost burden, sales plans, and explanations to trading partners. |
| When There Are Impacts on Delivery Times or Costs | Importer / Warehouse / Delivery Destination | Storage fees, inspection costs, rearranged delivery, impact on sales start date | Share forecasts on additional costs and delivery impacts early. |
| When Shipper Requests Non-Infringement Explanation | Shipper / Importer | Scope of freight forwarder's judgment and points for importer judgment | Avoid making legal conclusions; focus on document coordination and organizing points to be checked. |
Cases Commonly Problematic in Practice
| Case | Reasons It May Become an Issue | Documents to Check | Freight Forwarder / Customs Practice Actions |
|---|---|---|---|
| Brand Goods Subject to Import Suspension Petitions | If there is suspicion that the goods correspond to the rights holder’s petition information, customs confirmation or certification procedures may follow. | Proof of purchase, official sales certification, supplier information, product photos | Explain that sales page screenshots alone may be insufficient, and request additional documentation. |
| Character Goods | Characters displayed on the product itself or packaging may require confirmation of licensing permission. | License agreement, permission letters, official sales certification, product images | Check whether permission documents exist and share inquiry details with customs brokers. |
| Design Copies Without Logos | Even without logos, appearance or shape may be similar to registered designs. | Product photos, drawings, specifications, comparison materials with registered designs | Do not judge solely by logos; collect appearance-related materials. |
| Replacement Parts Similar to Genuine Products | Trademark displays, design, model numbers, or packaging could cause confusion with genuine parts. | Manufacturer documents, information on compatible parts, proof of procurement, product photos | Clarify whether parts are genuine or compatible and verify labeling. |
| Cases Mistaking Customs Holds for Import Suspension | Shippers may confuse the initial confirmation stage with the stage after a refusal decision. | Customs inquiry details, current procedure stage, response deadlines, submitted documents | Confirm the current stage and explain distinctions between customs hold, certification procedures, and refusal decisions. |
| Extremely Low-Priced Goods | If prices are extremely low compared to the market, doubts may arise about authenticity or procurement routes. | Proof of purchase, procurement contract, price explanation materials, seller information | Do not judge based on price alone; verify the procurement route and legitimacy of the seller. |
| Cargo Deemed Non-Importable After Certification | If goods are judged to infringe intellectual property rights, disposal or voluntary abandonment becomes an issue. | Certification results, rights holder consent status, disposal costs, storage fee details | Organize disposal methods, cost burdens, and impacts on sales plans and communicate to the shipper. |
| Cost Liability Disputes After Goods Are Certified as Infringing | Responsibility for storage fees, inspection costs, disposal fees, and lost sales opportunities becomes an issue. | Contract terms, cost breakdowns, cause of occurrence, customs procedure status | Clarify these as risks related to rights and legal compliance checks, not transportation accidents. |
Practical Scenario 1: Brand Goods Subject to Import Suspension Being Held
A case where an importer procures bags bearing brand logos from an overseas e-commerce site with the intention to sell them domestically.
The rights holder’s import suspension petition for the brand has been accepted by customs, and customs determines there is suspicion that the goods correspond to the petition.
The importer only has a screenshot of the sales page and cannot submit official sales certification or proof of purchase.
In this case, the process may advance to certification procedures, causing issues including storage fees, delivery delays, impact on sales plans, and disposal costs.
Practical Scenario 2: Character Goods Corresponding to Rights Holder Petitions
A case where an importer procures miscellaneous goods featuring anime characters from an overseas manufacturer.
Characters are displayed on the product or packaging, and customs investigates due to suspicion that the goods match rights holder import suspension petition information.
If the importer cannot submit license agreements or permission letters, certification procedures may proceed.
Even for small quantities, if the goods are for sale, documents explaining permission from the rights holder or the legitimacy of distribution are important.
Practical Scenario 3: Confusion Between Customs Holds and Import Suspension
A customs broker contacts the shipper claiming "the goods are stopped for IP confirmation," leading the shipper to mistakenly believe the goods have been formally suspended.
In reality, at the initial stage, the status may be only a customs hold or additional verification. If documents are submitted and suspicions are resolved at this point, import permission may proceed.
However, lack of documentation or unresolved suspicions may lead to certification procedures, potentially resulting in a final decision not to allow import.
The freight forwarder needs to confirm the current stage, whether customs hold, certification procedure, or post-refusal decision, and explain it properly to the shipper.
Practical Scenario 4: Cost Liability Issues After Goods Are Certified as Infringing
Following certification procedures, goods may be judged as infringing intellectual property rights and deemed non-importable.
The importer must consider options such as disposal, voluntary abandonment, obtaining consent from rights holders, corrective actions, or whether return is possible.
During this period, storage fees, inspection attendance costs, translation fees, delivery rearrangement costs, and lost sales opportunities may accrue.
These are not cargo accidents during transport but should be regarded as risks concerning rights confirmation and legal compliance by the importer.
What Are Intellectual Property Infringing Goods and Division of Roles with Rights Holder Confirmation and Customs Hold
The article "What Are Intellectual Property Infringing Goods?" organizes the legal system aspects including prohibited goods under the Customs Act, applicable rights, import suspension petitions, certification procedures, and differences from cargo insurance.
"Rights Holder Confirmation and Customs Hold" organizes procedural matters such as customs confirmation, customs holds, rights holder confirmation, transition to certification procedures, cost and deadline management.
In contrast, this article "Import Suspension by Customs" focuses on the Import Suspension Petition System and the customs procedures and practice for stopping suspected intellectual property infringing goods at the border.
Practical Points of Caution
Brand goods, character goods, highly designed products, parts resembling genuine items, and pirated goods are cargo types for which import suspension is likely to occur.
By confirming the supply chain, authenticity, rights holder permissions, licenses, product photos, and sales pages in advance, the risk of import suspension can be reduced.
Particular caution is needed for first-time transactions, overseas e-commerce sourcing, large volumes of small-lot cargo, continuous imports for resale, and extremely low-priced products.
The freight forwarder is not the decision-maker regarding import suspension; rather, they act as a coordinator by verifying information with the shipper, collecting documentation, coordinating with customs brokers, managing deadlines, and explaining potential cost risks.
Summary
Import suspension by customs is an important system for stopping cargo suspected of intellectual property rights infringement at the border.
The Import Suspension Petition System allows rights holders to request the head of customs to suspend cargo they believe infringes their rights and to initiate certification procedures.
Customs Hold, Import Suspension, and Certification Procedures are connected in actual logistics practice but need to be understood as distinct stages.
Importers need to be able to explain with documentation the authenticity of goods, usage permissions, supply routes, and reasons why the cargo does not constitute rights infringement.
Import suspension by customs serves as border enforcement to prevent intellectual property infringing goods from entering the Japanese market; confirming rights and preparing documentation before sourcing is the most important preventive measure.
