Yangshan Customs of the People’s Republic of China
written decision of administrative penalty
Huyangshan Guanzhi Zi [2024] No. 0036
Name of Party: Suzhou Yituou International Trade Co., Ltd
Customs registration code: 3226960973
Legal representative: Qin Zonglin
Address: Room 717, Building 1, No. 168 Shanghai East Road, Loudong Street, Taicang City
The party entrusted Jinhua Graphics Card Customs Declaration Agency Co., Ltd. to declare to the customs on April 24, 2024, a batch of LED luminous nameplates to be exported to the United States in the form of general trade, with the customs declaration number 292120240000343783. Upon investigation, among the actual exported goods, there were 2,862 lighters marked with the “BIC” logo, with a total value of RMB 2,862.00. BIC believes that the above-mentioned goods are goods that infringe its exclusive right to use the “BIC” trademark, and has applied to our customs for intellectual property protection measures.
After investigation, our customs believes that the “BIC” logo used on the lighters in the party’s exported goods is the same as the “BIC” trademark registered by the trademark owner, and has not been authorized in advance by the trademark owner. According to Article 57 (1) of the “Trademark Law of the People’s Republic of China”, the above-mentioned goods are goods that infringe BIC’s exclusive right to use the “BIC” trademark. The party’s export of the above-mentioned goods has constituted the export of goods that infringe on the exclusive right of others’ trademarks, and violated Article 3 of the “Regulations on Customs Protection of Intellectual Property Rights of the People’s Republic of China”. During the customs investigation, the party cooperated with the customs to investigate and punish the illegal export of infringing goods and admitted its mistakes and penalties.
The above is supported by customs export goods declaration documents, customs inspection records, rights holder’s rights certificate, party interrogation records, party’s situation statement and other materials.
According to Article 91 of the Customs Law of the People’s Republic of China, Article 25, paragraph 1 of the Regulations on the Implementation of Administrative Penalties of the Customs of the People’s Republic of China, Article 11, item (2) and Article 13, item (2) of the Administrative Penalty Discretion Criteria of the Customs of the People’s Republic of China (III) (Announcement No. 198 of the General Administration of Customs in 2023), our customs decided to confiscate the above-mentioned 2,862 lighters marked with the “BIC” logo and impose a fine of RMB 143.10.
The party concerned shall implement the above-mentioned penalty decision within 15 days from the date of delivery of this penalty decision in accordance with Articles 66, 67 and 69 of the Administrative Penalty Law of the People’s Republic of China.
If the party concerned is dissatisfied with this penalty decision, he or she may apply for administrative reconsideration to Shanghai Customs within 60 days from the date of delivery of this penalty decision in accordance with Articles 20 and 27 of the Administrative Reconsideration Law of the People’s Republic of China and Article 46 of the Administrative Litigation Law of the People’s Republic of China, or directly sue the Shanghai Intellectual Property Court within 6 months from the date of delivery of this penalty decision.
According to Article 93 of the Customs Law of the People’s Republic of China and Article 60 of the Regulations on the Implementation of Customs Administrative Penalties of the People’s Republic of China, if the party concerned fails to pay the fine on time, the customs may impose an additional fine of 3% of the fine amount per day; if the party concerned fails to implement the penalty decision within the time limit and does not apply for reconsideration or file a lawsuit with the People’s Court, the customs may legally sell the detained goods, articles and means of transport to pay the fine, or pay the fine with the guarantee provided by the party concerned; or apply to the People’s Court for compulsory execution.
