Can I import equipment for trademark into China?

1. Direct Answer

Yes, foreign companies can import equipment bearing their own trademarks into China, provided they comply with customs clearance procedures, trademark recordation requirements, and all applicable import regulations. In 2025, China Customs seized over RMB 600 million (approximately USD 83 million) in suspected counterfeit goods across more than 45,000 seizures, underscoring the critical importance of proper trademark recordation for legitimate importers. Without it, even genuine equipment may face detention at the border.

Whether you are importing production machinery for a manufacturing joint venture, laboratory equipment for quality control, IT infrastructure for business operations, or product samples for trademark registration purposes, the key to a seamless import process lies in advance preparation — particularly the registration of your trademarks with the General Administration of Customs of China (GACC).

2. Regulatory Framework

Importing equipment bearing trademarks into China is governed by several interrelated legal instruments. The primary authorities are:

PRC Customs Law (中华人民共和国海关法)

This foundational statute empowers China Customs to inspect, detain, and seize goods suspected of infringing intellectual property rights. Articles 44 and 91 of the Customs Law provide the general legal basis for customs IPR enforcement, requiring all goods entering or leaving China to comply with applicable IPR protections. It also establishes the legal authority for customs officers to request proof of trademark authorization at the point of entry.

IP Customs Protection Regulations (知识产权海关保护条例)

Formally titled the “Regulations on Customs Protection of Intellectual Property Rights” (promulgated by the State Council), this is the core implementing regulation for trademark enforcement at the border. It establishes the Customs Trademark Recordation System (海关备案系统), the procedures for detention and seizure, and the rights and obligations of both trademark holders and importers. The regulations were most recently updated in 2020, introducing streamlined electronic filing and reduced processing times for recordation applications.

Trademark Law of the PRC — Articles 57–58

Articles 57 and 58 of the Trademark Law define what constitutes trademark infringement in the context of importation and distribution. Article 57 specifically prohibits importing goods that infringe upon a registered trademark, while Article 58 addresses the unauthorized use of a trademark on goods that are identical or similar to the registered mark. These articles also establish civil liability and provide the legal foundation for customs enforcement actions.

Customs Recordation System (海关备案系统)

Administered by the GACC, this online system allows trademark holders to record their registered trademarks with customs authorities nationwide. Recordation is voluntary but highly recommended — it enables customs officers to proactively identify and detain suspected counterfeit goods bearing your mark. Once recorded, the trademark is flagged across all Chinese ports of entry for the duration of the recordation period.

3. Trademark Customs Recordation

The Customs Recordation System is the cornerstone of legitimate trademark-related equipment imports into China. Below is a summary of the key procedural elements:

4. Equipment Import Categories

Different categories of equipment are subject to varying customs treatment, duty rates, and documentation requirements. The main categories relevant to trademark-related imports include:

Production Machinery and Manufacturing Equipment

This includes assembly lines, injection molding machines, packaging equipment, and similar capital goods used in producing trademarked products within China. These items typically fall under HS Chapters 84 and 85, with duty rates ranging from 0% to 15% depending on the specific classification. Used/secondhand machinery may be subject to additional age restrictions and inspection requirements. Where the machinery bears the importer’s own trademark — e.g., equipment branded with the company’s logo — customs will verify that the trademark is recorded or that the importer can demonstrate authorization.

IT and Office Equipment

Servers, computers, networking hardware, and office equipment imported for a foreign company’s China branch or WFOE (Wholly Foreign-Owned Enterprise) generally fall under HS Chapters 84 and 85. Duty rates typically range from 0% to 8%. IT equipment may also be subject to cybersecurity and encryption product regulations administered by the Cyberspace Administration of China (CAC). Trademark clearance is usually straightforward for equipment bearing the importer’s own brand.

Laboratory and Quality Control Equipment

Foreign companies setting up R&D or QC facilities in China frequently import specialized testing and laboratory equipment. These items may fall under HS Chapters 90 (optical, medical, and precision instruments) with duty rates typically between 0% and 10%. Certain laboratory instruments may qualify for duty-free import if used for scientific research under specific customs regimes.

Product Samples and Promotional Items

Samples imported for trademark registration purposes, trade shows, or client demonstrations may be eligible for temporary admission (ATA Carnet) or duty-free treatment if properly declared. However, samples bearing trademarks that are not recorded with customs may invite scrutiny. The value and quantity of samples must be commercially reasonable to qualify for preferential treatment.

5. Import Duties and Taxes

All commercial imports of equipment into China are subject to customs duties and value-added tax (VAT). The total import cost calculation is:

Total Import Cost = CIF Value + Customs Duty + VAT + (if applicable) Consumption Tax

Customs Duty Rates

The applicable customs duty rate depends on the HS (Harmonized System) tariff classification of the specific equipment. China utilizes a multi-column tariff schedule with most-favored-nation (MFN) rates applying to imports from WTO member countries. Duty rates for machinery and equipment typically range from 0% to 15%, though certain categories such as textile machinery may attract higher rates. It is advisable to obtain a binding tariff classification ruling from customs before shipping if the classification is unclear.

Value-Added Tax (VAT)

Imported equipment is subject to VAT at the standard rate of 13% (applicable to most machinery and equipment). A reduced rate of 9% applies to certain agricultural and utility-related goods, while a 6% rate applies to technology transfer and certain service-related imports. The VAT is assessed on the CIF value plus the customs duty paid.

Customs Clearance Procedures

Import clearance requires submission of the following documentation to customs at the port of entry:

• Commercial invoice and packing list
• Bill of lading or airway bill
• Import customs declaration form (报关单)
• Certificate of origin (where preferential duty rates are claimed)
• Trademark recordation proof or authorization letter (if applicable)
• Import license or permit (for restricted items)
• Inspection report from CIQ (China Inspection and Quarantine) for certain equipment

6. Authorized User Considerations

A critical distinction exists between importing equipment bearing your own trademark versus equipment bearing another party’s trademark. The legal requirements differ substantially:

Equipment Bearing Your Own Trademark (Own Brand)

If you are importing machinery, tools, or equipment that bears your own registered trademark — for example, a manufacturing company importing its own branded production line — customs clearance is generally straightforward provided the trademark is recorded with the GACC. You must be able to demonstrate that you are the registered trademark holder or an authorized licensee. Carrying a copy of your CNIPA registration certificate and customs recordation confirmation during clearance is recommended.

Equipment Bearing a Third-Party’s Trademark

If the imported equipment bears a trademark owned by another entity (e.g., importing a branded robot arm from a third-party supplier), you must obtain and present written authorization from the trademark holder. Failure to do so may result in customs detaining the goods as suspected counterfeits, even if the equipment is genuine. The authorization should include:

• Name and contact details of the authorized importer
• Description of the equipment and quantity
• Scope and duration of the authorization
• Signature and seal/stamp of the trademark holder

OEM and Contract Manufacturing Scenarios

In Original Equipment Manufacturer (OEM) arrangements where a foreign company contracts a Chinese factory to produce goods bearing the foreign company’s trademark, special rules apply. The foreign brand owner should record its trademark with customs and provide a letter of authorization to the Chinese manufacturer for customs clearance purposes. The Chinese manufacturer acts as the importer of raw materials and components under the foreign brand owner’s trademark authorization.

7. Consequences of Non-Compliance

Importing equipment into China without proper trademark compliance carries serious legal, financial, and operational risks. The primary consequences include:

Customs Seizure and Detention

Under the IP Customs Protection Regulations, customs officers have the authority to detain any imported goods suspected of trademark infringement for a period of up to 20 working days (extendable to 30 working days in complex cases). During detention, the goods are held at the port, storage charges accrue, and the importer must bear the cost of proving the goods are genuine.

Destruction of Goods

If goods are ultimately determined to be infringing, customs may order their destruction. Under Article 27 of the IP Customs Protection Regulations, destruction is the standard remedy for counterfeit goods. The cost of destruction is borne by the importer or the party responsible for the infringement.

Administrative Penalties

Importing infringing goods into China can result in administrative fines of up to five times the value of the goods (based on the CIF value). In severe cases, the infringing party may also face suspension or revocation of its customs registration and import/export license.

Civil Liability and Damages

The trademark holder may bring a civil action for damages against the importer. Chinese courts have the authority to award damages including the trademark holder’s lost profits, the infringer’s illicit gains, and reasonable expenses incurred in enforcing rights. Statutory damages of up to RMB 5 million per trademark are available under the Trademark Law.

Criminal Liability

In cases involving large-scale or systematic infringement, criminal charges may be brought under Article 213 of the PRC Criminal Law (counterfeit registered trademark). Convictions can result in imprisonment, criminal fines, and confiscation of equipment and assets used in the infringement.

8. Step-by-Step Import Process

To successfully import equipment bearing your trademark into China, follow this ordered process:

1. Verify CNIPA Trademark Registration.
   Confirm that your trademark is registered with the China National Intellectual Property Administration (CNIPA). A China-registered trademark is a prerequisite for customs recordation. If you do not yet have a CNIPA registration, file an application (allow 6–12 months for processing).
2. Record Your Trademark with GACC Customs.
   Submit an online recordation application through the GACC IPR Customs Protection System (http://202.127.48.144). Prepare your CNIPA registration certificate, trademark design, and power of attorney. Processing takes 20–30 working days.
3. Classify Your Equipment Under the HS Tariff.
   Determine the correct HS code for your equipment. Engage a customs broker or tariff specialist if needed. Request a binding tariff ruling from customs if the classification is ambiguous.
4. Calculate Estimated Duties and Taxes.
   Using the HS classification, identify the applicable duty rate and calculate VAT at 13%. Obtain the CIF (Cost, Insurance, Freight) value of your shipment and estimate total import costs.
5. Prepare Import Documentation.
   Assemble all required documents: commercial invoice, packing list, bill of lading, certificate of origin, customs recordation confirmation, and any necessary import licenses. For used machinery, prepare pre-shipment inspection reports.
6. Engage a Licensed Customs Broker (Recommended).
   Appoint a licensed Chinese customs broker to handle the declaration (报关) process. Provide them with your trademark recordation information and authorization letter.
7. Ship and File Import Declaration.
   Ship the equipment to the designated Chinese port. The customs broker files the electronic import declaration and submits supporting documents. Pay estimated duties and VAT via the customs electronic payment system.
8. Customs Examination and Clearance.
   Customs may inspect the goods (random selection or risk-based targeting). If your trademark is properly recorded and documentation is in order, clearance is typically granted within 1–3 working days after inspection. If detained, provide proof of trademark authorization to resolve the hold.
9. Release and Delivery.
   Upon customs release, your broker obtains the release note (放行单). The goods can then be transported from the port to your designated location in China. Retain all import documentation for your records and for future reference.

Conclusion

Importing equipment bearing your trademark into China is not only permissible but a routine commercial activity for thousands of foreign companies operating in the world’s second-largest economy. The key to success is advance preparation: secure your CNIPA trademark registration, record it with the GACC, classify your goods correctly, and engage a qualified customs broker. By taking these proactive steps, you minimize the risk of customs detention, avoid costly penalties, and ensure your equipment reaches your factory, lab, or office without unnecessary delay.

As China Customs continues to intensify its IPR enforcement — with over RMB 600 million in counterfeit goods seized in 2025 alone — legitimate trademark holders who properly utilize the recordation system enjoy a significant advantage: faster clearance, fewer inspections, and stronger legal protection for their brand assets at the border.

This article provides general guidance only and does not constitute legal advice. Laws, regulations, and duty rates are subject to change. Companies planning to import equipment into China should consult with a qualified Chinese customs lawyer or IP attorney for advice tailored to their specific circumstances.