I would like to sell products through parallel importation. What documents are required for customs clearance? Released

When preparing for a parallel import business, one of the most critical factors you will likely consider is how to secure inventory.

Consequently, you may be especially curious about the documentation required for customs clearance during the preparation process for importation.

Above all, because intellectual property rights (IPR) issues are directly involved compared to other types of goods, you might assume that some form of documentation regarding this is necessary.

The guidance from the Korea Customs Service is as follows:

Documents to be submitted for import declaration under Article 245 of the "Customs Act" and Article 250 of the "Enforcement Decree of the Customs Act" include a copy of the Bill of Lading (B/L) or Air Waybill (AWB), a Certificate of Origin, etc. However, there are no separate regulations in customs laws regarding documents that prove the imported goods are genuine.

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

- If a customs director has reasonable suspicion that goods infringe on intellectual property rights during inspection, they may notify the importer/exporter and the holder of the intellectual property rights about the import/export of the suspected infringing goods, pursuant to Article 13 (Notification of Import/Export Declarations of Suspected Infringing Goods) of the "Notice on the Handling of Export/Import Customs Clearance for the Protection of Intellectual Property Rights."

- Importers/exporters who receive such notification may submit documents such as trademark contracts as explanatory materials, and intellectual property rights holders may also submit relevant materials after determining whether the goods infringe on their rights.

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

In essence, the gist of the Korea Customs Service's guidance is that while no specific documents are mandated to be prepared and submitted during clearance compared to other general imports, it is advisable to have related documents ready in advance so that you can prove at any time that the items are 'genuine (authentic products).'