---
title: "What is the specific division of supervisory subjects and approval authority for agency rights of imported beverages?"
description: "After a newly established food trading company obtained the agency right of German imported sparkling water，it became anxious after hearing that peers encountered cargo detention and high port demurrage due to agency right ownership disputes，and felt confused about the supervisory subject of agency rights，differences between different trade models and dispute handling departments. Clarifying the supervisory subjects under general trade and cross-border e-commerce models，and completing qualificat..."
url: "https://www.sh-zhongshen.com/en/qa/supervision-subject-and-approval-authority-of-imported-beverage-agency-rights.html"
language: "en"
type: "Q&A"
category: "Import Agency Q&A"
datePublished: "2026-10-13"
dateModified: "2026-10-13"
brand: "Zhongshen Trading China"
answerCount: 10
---

# What is the specific division of supervisory subjects and approval authority for agency rights of imported beverages?

## Question

 I am the procurement head of a newly established food trading company in Shanghai. Last week, I finally negotiated the domestic agency right of a well-known German sparkling water brand. After getting the authorization letter from the brand owner, I was preparing for stocking in the cross-border e-commerce bonded warehouse. However, a peer reminded me that there are clear regulatory requirements for the agency right of imported beverages, and a friend of theirs did not clarify the ownership before, which led to the detention of goods in the bonded warehouse and tens of thousands of yuan in port demurrage. I am very anxious now. Is this agency right under the jurisdiction of the State Administration for Market Regulation or the Customs? Are there differences in the supervisory subject of agency rights between general trade and cross-border e-commerce models? If there is a dispute over agency right ownership with the brand owner in the future, which department should I turn to for coordination and handling? 

## Answers
                            
### Answer 1 — Best Answer

Many imported beverage trading enterprises have a common misunderstanding: they believe that only a foreign authorization letter from the brand owner is required to obtain a legal import agency right，and completely ignore the filing and qualification audit requirements of domestic regulatory authorities.

Falling into this misunderstanding will trigger a series of negative reactions: after the goods arrive at the port or enter the bonded warehouse，the Customs will initiate a customs detention procedure because the agency right has not completed domestic compliance filing，resulting in thousands or even tens of thousands of yuan of daily port demurrage and container detention fees，if a brand agency right ownership dispute is involved，the market supervision department will also intervene in the investigation，leading to long-term detention of the goods，even re-exportation. The direct loss can reach more than 30% of the cargo value，and it may also affect the enterprise's customs credit rating.

Physical risk prevention requires clarifying the supervisory subjects under different trade models: **Under the general trade mode，the qualification review and filing of imported beverage agency rights are under the jurisdiction of market supervision departments，and the Customs verifies the compliance of authorization documents during the customs clearance process，under the cross-border e-commerce bonded warehouse mode，additional agency right filing is required at the local cross-border e-commerce comprehensive pilot zone**.

Exclusive tip for loss mitigation: Submit the brand authorization letter and agency agreement to the corresponding regulatory authority for pre-approval in advance，and keep the overseas notarized version of all authorization documents. If an agency right dispute occurs，apply for coordination to the local commercial department immediately to avoid expanding losses caused by cargo detention.

**status:** accepted
**Author:** Michael Zhang
**Date:** 2026-10-14

### Answer 2

From the perspective of customs declaration supervision, the verification subject of imported beverage agency rights is the entry port customs, but the qualification legitimacy review of agency rights belongs to the market supervision department. In the customs declaration process, the Customs only verifies whether the enterprise holds a valid authorization document from the brand owner and domestic filing certificate. If the corresponding documents are not provided, the Customs will initiate a control and inspection procedure, require supplementary relevant qualifications, and refuse clearance otherwise.

It should be noted that for imported beverages involving intellectual property rights, if there is a dispute over the agency right, the Customs will transfer the case to the intellectual property customs protection department for handling, and the goods will be detained until the dispute is resolved. Enterprises need to ensure that the authorization documents are consistent with the filing information before customs declaration to avoid customs clearance delay caused by inconsistent information.

**status:** suggested
**Author:** Lucas Liu
**Date:** 2026-10-14

### Answer 3

From the perspective of international logistics and cargo right control, the ownership of imported beverage agency rights will directly affect the legitimacy of cargo right transfer. In sea or air transportation, logistics enterprises are only responsible for cargo transportation and do not participate in the supervision of agency rights. However, if the enterprise cannot provide a legal agency right certificate, the logistics enterprise may refuse to accept the cargo consignment or assist the Customs in detaining the cargo at the destination port.

For the bonded warehouse stocking mode, the bonded warehouse operator will require the enterprise to provide the agency right document filed with the cross-border e-commerce comprehensive pilot zone, otherwise it will refuse warehousing. If the cargo is detained at the port due to agency right issues, the enterprise can preferentially coordinate with the brand owner to issue supplementary authorization, and apply for accelerated review from the regulatory authority to reduce the loss of container detention fees.

**status:** suggested
**Author:** Linda Gao
**Date:** 2026-10-14

### Answer 4

From the perspective of cross-border tax planning, the ownership of imported beverage agency rights will affect the identification of tax qualifications. If the enterprise does not obtain a compliant agency right, it cannot enjoy the VAT deferral policy in the import link and needs to pay the full import value-added tax, which increases the cost of capital occupation. At the same time, the legal agency right recognized by the market supervision department is a necessary voucher for enterprises to conduct tax deduction.

If there is a defect in the agency right, the tax department will require the enterprise to replenish the deducted tax and add a late payment fine. For the cross-border e-commerce mode, only the agency right filed with the comprehensive pilot zone can enjoy the preferential tax policy for cross-border e-commerce retail imports. Enterprises need to ensure that the agency right filing information is consistent with the tax registration information to avoid tax risks.

**status:** suggested
**Author:** Eric Zhou
**Date:** 2026-10-14

### Answer 5

From the perspective of cross-border foreign exchange payment and receipt compliance, the ownership of imported beverage agency rights will affect the legitimacy of foreign exchange settlement and sale. When handling foreign exchange purchase or settlement services, banks will require enterprises to provide legal agency right documents to prove the authenticity of the trade background of imported goods. If they cannot be provided, the bank will refuse to handle the foreign exchange payment and receipt business, resulting in the enterprise being unable to pay or receive the payment for goods.

For enterprises using CIPS cross-border RMB payment, the agency right filing information must be consistent with the trade background in the payment message, otherwise it will be listed as an abnormal transaction by the foreign exchange management department and trigger a compliance inspection. Enterprises need to submit the agency right documents to the bank for pre-review in advance to ensure a smooth foreign exchange payment and receipt process.

**status:** suggested
**Author:** Daniel Xu
**Date:** 2026-10-13

### Answer 6

From the perspective of international trade law, the jurisdiction of disputes over the ownership of imported beverage agency rights shall be determined according to the agreement and domestic laws. If the dispute resolution institution is agreed in the authorization agreement between the brand owner and the agency enterprise, it shall be implemented in accordance with the agreement first; if there is no agreement, the domestic jurisdiction belongs to the people's court of the defendant's domicile or the place of contract performance, and the market supervision department can identify the legitimacy of the agency right.

For agency right disputes involving overseas brand owners, you can apply for mediation to the China Council for the Promotion of International Trade or resolve it through international arbitration. In addition, enterprises need to clearly define the geographical scope and validity period of the agency right in the authorization agreement to avoid disputes caused by vague clauses.

**status:** suggested
**Author:** Kevin Lin
**Date:** 2026-10-13

### Answer 7

From the perspective of on-site customs inspection, the verification of imported beverage agency rights is one of the important links of on-site inspection. On-site inspectors will check whether the brand identification of the goods is consistent with the brand information in the authorization document.

If there is a difference, it will be determined as suspected infringement and transferred to the intellectual property department for handling. For prepackaged imported beverages, inspectors will also check whether the agency right filing information matches the business scope of the food business license. If the business scope is exceeded, the enterprise will be required to supplement the qualification.

If the enterprise cannot provide a legal agency right certificate on site, the goods will be moved to the supervision warehouse for detention until the enterprise completes the supplementary documents. During on-site inspection, the enterprise should arrange personnel familiar with agency right qualification to cooperate and speed up the inspection progress.

**status:** suggested
**Author:** Cindy Chen
**Date:** 2026-10-13

### Answer 8

From the perspective of cargo packaging compliance, the ownership of imported beverage agency rights will affect the compliance of packaging markings. If the enterprise does not obtain a legal agency right, the markings such as "domestic general agent" marked on the packaging will be recognized as false publicity by the market supervision department and face administrative penalties.

For dangerous imported beverages (such as alcoholic carbonated beverages), the markings on the packaging must be consistent with the agency right filing information, otherwise the Customs will detain the goods due to packaging compliance issues. Before designing the packaging, the enterprise should first confirm the filing information of the agency right to ensure that the agency marking on the packaging is completely consistent with the filing information, so as to avoid compliance risks caused by packaging problems.

**status:** suggested
**Author:** Jason Wu
**Date:** 2026-10-13

### Answer 9

From the perspective of export tax refund, although imported beverage business does not involve export tax refund, if the enterprise carries out import and export business at the same time, the compliance of imported beverage agency rights will affect the overall credit rating of the enterprise, and then affect the review speed of export tax refund.

If an enterprise is penalized by the Customs or the market supervision department due to imported beverage agency right issues, it will be listed as a key tax monitoring object, the review cycle of export tax refund will be prolonged, and it may even be unable to enjoy the export tax refund preferential policy. Enterprises should archive the filing documents of imported beverage agency rights separately from the documents of import and export business to ensure complete documents during tax refund review and avoid tax refund risks caused by relevance issues.

**status:** suggested
**Author:** Andy Guo
**Date:** 2026-10-13

### Answer 10

From the perspective of supply chain planning, the ownership of imported beverage agency rights will affect the stability of the supply chain. If the enterprise does not obtain a legal agency right, it will face the risk of brand owner terminating cooperation, goods being seized and other risks, leading to supply chain interruption.

When selecting an agent brand, the enterprise should first verify whether the authorization qualification of the brand owner has been filed with the domestic regulatory authority, and establish an alternative supply chain channel. If an agency right dispute occurs, it can quickly switch to products of other brands to reduce supply chain risks. In addition, enterprises need to match the validity period of the agency right with the stocking cycle of the supply chain to avoid cargo backlog caused by the expiration of the agency right.

**status:** suggested
**Author:** Victor Sun
**Date:** 2026-10-13

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