Your Overseas Online Order Was Stopped by Japan Customs as a Suspected Counterfeit: Personal Use, the Recognition Procedure, and Where to Ask About a Refund

You bought a cheap bag or some character goods from an overseas online shop, and instead of the item, a document from customs arrives. You may wonder why, when it was only for personal use and you did not know it might be fake. This article uses the guidance published by Japan Customs to sort out what this means for an individual shopper.

This is general information, not a substitute for legal advice on your own case. If you actually receive a notice, put its contents and deadline first, and check with the customs contact listed on it.

What changed in October 2022

According to the Japan Customs FAQ, after amendments to the Trademark Act and Design Act, the Customs Act was also amended. From October 1, 2022, counterfeit goods involving trademark or design rights that overseas businesses send by post or similar means came under customs enforcement. Even for personal use, a counterfeit bought online and sent by an overseas business cannot be imported.

The Finance Ministry and Customs leaflet warns that items bought on domestic shopping sites may also be shipped directly from overseas, so a Japanese-language site is no guarantee. The Customs Q&A adds that small quantities are not exempt, and that goods found to be infringing cannot be imported even if you did not know they were fake.

Are individuals penalized?

The same FAQ says that if the importer, including the addressee of a postal item, has no business purpose, trying to import a counterfeit sent by an overseas business does not carry a penalty. But no penalty does not mean you get the item. It still cannot be imported and is subject to confiscation by customs.

If the importer does have a business purpose, penalties can apply, so buying stock to resell is a completely different matter. For other checks when selling imported goods in Japan, see our guide to selling imported toys.

This table concerns counterfeits involving trademark and design rights, the main subject of the 2022 change. The IP-infringing goods customs handles also include items infringing copyright and other rights. For things like character goods, where several rights may be involved, do not rely on this table alone. Check the notice and the customs guidance.

If you receive a recognition procedure notice

According to the Customs page on the procedure, when customs finds goods suspected of infringement, it notifies the importer and the rights holder that the procedure has begun. The importer is told the rights holder's name and address, and the rights holder is told those of the importer and sender. In other words, your name and address are shared with the rights holder.

• Check the deadline on the notice for submitting evidence and opinions (in the simplified procedure for items under an import suspension application, you must state you are contesting within 10 working days of notification)
• If you claim it does not infringe, prepare documents that show this
• Customs aims to decide within about one month, and notifies you of the result and reasons
• If found non-infringing, import is permitted and you can receive the item
• If found infringing and you take no voluntary action within the 3-month appeal period, customs confiscates and disposes of the goods

Voluntary actions include abandoning the goods, sending them back, or obtaining an import consent from the rights holder. For postal items, however, destruction and disposal by the importer are not available. What you can choose depends on the goods and the situation, so ask the contact on the notice.

On documents, the FAQ says you need papers showing whether the importer has a business purpose, and also papers showing whether the sender does. Examples include papers showing how the sender came to send the goods and the sender's ID. If you do not provide requested documents without an unavoidable reason, customs takes this into account as you not claiming the goods are non-infringing.

Separately from real notices, there are scams using SMS or email in the name of customs that ask for payment. Before tapping any link, see our article on fake customs duty SMS messages. How duty amounts work is covered in our import duty guide.

If it is confiscated, do you get your money back?

Customs does not handle refunds and tells buyers to contact the shopping site where they bought the item. Whether you actually get a refund depends on the seller's terms and your payment method. Keeping your order confirmation, screenshots of the product page and payment records makes it easier to raise the issue.

What you can check before buying

As the Customs Q&A says, customs will not tell you in advance whether goods infringe. Goods that look the same as the genuine item may still not qualify as lawful parallel imports, and conversely, goods with the rights holder's permission do not infringe. So it is sensible not to judge by appearance alone. The checks below are our own suggestions rather than Customs criteria.

• Does the page give the seller's name, location, contact details and return terms?
• Does it state the shipping country? Could a domestic-looking site ship from overseas?
• Is it far below the usual price while just saying official or genuine?
• Can you confirm authorized sellers on the character's or brand's official site?
• Keep payment records and order screens until the item arrives

On the other hand, as Customs Answer 2002 explains, goods with the rights holder's permission and parallel imports that do not infringe trademark or other rights can be imported, so not all overseas goods are a problem. If you are unsure, you can consult a customs counselor. This article reflects public Customs information checked on November 3, 2026.

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