I would like to sell goods through parallel importation. What documents do I need to prepare for customs clearance? Released

When preparing for a parallel import business, one of the most important considerations seems to be how to secure inventory.

Therefore, I believe you may be particularly curious about the documents required for customs clearance during the import preparation process.

Above all, since it is directly related to intellectual property rights issues compared to other goods, you might assume that some kind of related documents will be necessary.

The guidance from the Korea Customs Service is as follows.

While documents to be submitted upon import declaration include copies of the Bill of Lading (B/L) or Air Waybill, and Certificates of Origin in accordance with Article 245 of the "Customs Act" and Article 250 of the "Enforcement Decree of the Customs Act," there are no separate provisions in the customs laws and regulations regarding documents proving that imported goods are genuine.

- In accordance with Article 235 of the "Customs Act," goods that infringe upon intellectual property rights, such as trademarks, cannot be imported.

- If the head of a customs office has reasonable suspicion during the inspection of export/import goods that the goods infringe on intellectual property rights, they may notify the exporter/importer and the intellectual property right holder of the fact of export/import of suspected infringing goods in accordance with Article 13 (Notification of Fact of Export/Import Declaration of Suspected Infringing Goods) of the "Public Notice on the Procedures of Export and Import Customs Clearance for the Protection of Intellectual Property Rights."

- Exporters/importers who have received such notification may submit trademark agreements, etc., as explanatory materials, and intellectual property right holders may also determine whether the goods infringe on their intellectual property rights and submit related data.

- Please note that if the product is recognized as infringing on trademark rights, procedures for withholding customs clearance are prescribed in accordance with Articles 238 to 242 of the "Enforcement Decree of the Customs Act."

In other words, the core of the guidance from the Korea Customs Service is that there are no specific documents set in advance to be submitted during customs clearance compared to other general import goods, but it is correct to prepare related documents in advance so that you can prove that the goods are 'genuine (authentic products)' at any time.