Every day, U.S. Customs and Border Protection officers at the airports, seaports, and other border crossings, stop, examine, detain, and seize merchandise from both travelers and commercial cargo importers and exporters. The process of getting back your property can be a harrowing one fraught with bureaucratic delays. There is, fortunately, a set of rules that U.S. Customs must follow, and knowing those rules will give you an advantage.
Customs officers may examine cargo to look for illegal drugs, counterfeit merchandise, merchandise from a country with which the U.S. has an embargo, food or medical devices not approved by the FDA, or motorcycles not approved by the EPA, just to name a few examples.
While the cargo is being held by U.S. Customs, it is transferred to a Centralized Examination Station (CES) where the cargo is separated and intensively examined by Customs officers. U.S. Customs has 35 days from the date of arrival of the cargo in the United States to detain the merchandise for examination. See 19 CFR 151.16. During that period of time, it is the obligation of U.S. Customs to advise the importer, its customs broker, and/or customs attorney with an explanation for the detention. A written Detention Notice stating the specific reason for the detention should be issued by the U.S. Customs officer.
After 35 days, the Customs Regulations require that the cargo must be seized or released. Unfortunately, this is too often ignored. The problem is that U.S. Customs must rely upon other Federal agencies to give it advice whether a violation has occurred. For example, if a shipment of motorcycles is imported from China, but Customs suspects that they may not satisfy the Environmental Protection Administration (EPA) safety requirements, digital photographs and paperwork must be sent to EPA officials in Washington, D.C. for review and recommendation. The communication is not directly from the front line U.S. Customs officer to the EPA attorney. Instead, it will go through the chain of command which typically involves 5 sets of eyes and hands going up the chain and then down the chain. 35 days pass quickly with so many people handing off to each other. Hence, despite the 35 day requirement, a determination to release or seize may not be made for 60 or more days after being detained by Customs. Getting frustrated with or repeatedly calling a particular U.S. Customs officer may not be helpful as s/he may also be waiting for an answer from someone else. Knowing who to call and when is the key to successfully getting cargo released.
The customs attorney hired to assist the importer needs to know the internal procedures of U.S. Customs as well as the laws and regulations it enforces to identify who and when to speak to a Customs officer or other U.S. Government official. Getting involved early in the detention process is one of the best ways to assist Customs in identifying whether or not there is a violation, and avoiding a seizure or other negative action by U.S. Customs. For example, if the product is a suspected counterfeit, showing an Import Specialist the license from Bluetooth or Apple could avoid a lengthy, expensive, and totally unnecessary seizure process with U.S. Customs. Getting a Licensing Officer from the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce in Washington, D.C. to speak directly with the U.S. Customs officer on the Anti-Terrorism Trade Enforcement Team (AT-TET) to clarify any suspected discrepancy in the terms of the export license could avoid an unnecessary seizure.
If a violation does occur, the merchandise will be seized by U.S. Customs. The merchandise is then transported by U.S. Customs from the CES to a Seized Property warehouse. The merchandise will remain in the warehouse until it is authorized to be released by Customs, and the warehouse is paid its storage fees.
Once the merchandise is seized, the file is forwarded by the U.S. Customs officer to the Fines, Penalties, and Forfeitures Office (FP&F). The FP&F paralegal reviews the file and prepares a formal, written Seizure Notice. The Seizure Notice is mailed to the alleged violator. My standard operating procedure is to notify FP&F of my representation of an importer or exporter whose goods have been seized by Customs so that the Seizure Notice is forwarded to me directly. The Seizure Notice will identify what and where the cargo was seized, as well as the legal basis for the seizure. See 19 CFR 162.31(b).
Once a Seizure Notice is received, the “violator” is provided 30 days to file a Petition with Customs. The Petition is the means by which the owner of the cargo may seek to persuade U.S. Customs to release the seized shipment. The Petition may argue that a violation did not really occur, or that there was a violation, however, there were mitigating factors in favor of releasing the cargo. The Petition should follow the guidelines set forth by U.S. Customs in 19 CFR Part 171. U.S. Customs also published a very helpful handbook about seizure case processing.
Eventually, U.S. Customs will either grant and release the seized merchandise, or deny the Petition and not release the seized merchandise. A Supplemental Petition or Offer in Compromise may then be submitted to U.S. Customs.
In summary, the administrative petition process with U.S. Customs can be a long one, however, there are a few key points to keep in mind:
1) Be as careful as possible to be sure imported merchandise complies with all relevant laws and regulations applicable to the particular product;
2) If U.S. Customs detains your products, contact a knowledgeable customs attorney or customs broker to actively demonstrate that there is no violation; and
3) If U.S. Customs seizes your products, make sure your customs attorney knows the policies, procedures, and practices of U.S. Customs to pursue the release of the merchandise.
For more information about the seizure process, a video describing the process, and a REAL copy of a SEIZURE NOTICE, click HERE.
Contact us at info@diaztradelaw.com today to discuss your specific case.
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Todos los días, en los aeropuertos, puertos marítimos y otros cruces fronterizos, los oficiales de la Aduana y Protección Fronteriza de los Estados Unidos examinan, detienen e incautan mercancías de los viajeros, importadores y exportadores de carga comercial. El proceso para recuperar sus bienes puede ser desgarrador y lento debido a los retrasos burocráticos. Afortunadamente, La Aduana de los Estados Unidos debe seguir ciertas reglas. El hecho de que usted conozca dichas reglas le proporcionará una ventaja.
Los oficiales de la aduana pueden examinar sus bienes debido a diversas sospechas. Tal como es el caso de la búsqueda de drogas ilegales, mercadería falsificada, mercadería de un país con el cual los Estados Unidos tiene un embargo, alimentos o dispositivos médicos no aprobados por la Federal de Alimentos y Drogas de los Estados Unidos (FDA) o motocicletas no aprobadas por la Agencia de Protección Ambiental de los Estados Unidos (EPA).
Los bienes retenidos por la Aduana de los Estados Unidos son transferidos a una Estación Centralizada para Examinaciones (CES) donde la carga es separada e investigada por los funcionarios de la Aduana. A partir de la fecha de la llegada de la carga a los Estados Unidos, la Aduana tiene 35 días para detener la mercancía y examinarla. Vea 19 CFR 151.16. Durante ese período de tiempo, es obligación de la Aduana de los Estados Unidos mantener informado al importador, a su agente de aduanas y/o al abogado de aduanas con una explicación de la detención. El funcionario de la Aduana de los Estados Unidos debe emitir un Aviso de Detención por escrito el cual indique el motivo específico de la detención.
Después de 35 días, el Reglamento de la Aduana exige que la carga sea incautada o liberada. Desafortunadamente, a menudo esto es ignorado. El problema es que la Aduana de los Estados Unidos debe confiar en otras agencias federales para que le aconsejen si se ha producido una infracción. Por ejemplo, si un envío de motocicletas es importado desde China, pero la Aduana sospecha que las motocicletas no cumplen con los requisitos de seguridad de la Agencia de Protección Ambiental (EPA). Especificas pruebas como es el caso de fotografías digitales y documentos deben enviarse a los funcionarios de la EPA en Washington, DC para su revisión y recomendación. La comunicación no es directa entre el oficial de Aduana de primera línea y el abogado de la EPA. Por lo contrario, la comunicación se llevará a cabo a través de la cadena de mando, la cual generalmente involucra a 5 personas encargados de representar el caso. Posteriormente, al pasar los 35 días analizando la información, una resolución debe surgir. Sin embargo, la decisión para liberar o incautar no se realizará hasta aproximadamente 60 días o más después de la detención. Frustrarse o llamar repetidamente a un oficial de la Aduana de los Estados Unidos puede ser improductivo, ya que el oficial puede estar esperando una respuesta de otra persona. Saber cuándo y a quién llamar es la clave para lograr que la carga sea liberada.
El abogado de aduana contratado para ayudar al importador debe estar familiarizado con los procedimientos internos de la Aduana de los Estados Unidos, así como también con las leyes y regulaciones que la Aduana ejecuta para identificar con quién y cuándo hablar con el funcionario de aduanas u otro funcionario del Gobierno de los Estados Unidos. Involucrarse temprano en el proceso de detención es una de las mejores maneras de ayudar a la Aduana a identificar si hay una violación o no, y a evitar una incautación u otra acción negativa por parte de la Aduana. Por ejemplo, si se sospecha que un producto es una falsificación, mostrándole a un especialista en importación la licencia de Bluetooth o Apple podría evitar un proceso de incautación largo, costoso y totalmente innecesario con la Aduana. Logrando que un oficial de licencias de la Oficina de Industria y Seguridad (BIS) del Departamento de Comercio de los EE. UU. en Washington, DC se comunique directamente con el oficial de la Aduana en el Equipo de Control del Comercio Antiterrorista (AT-TET) para aclarar cualquier sospecha de discrepancia en los términos de la licencia de importación-exportación podría evitar una incautación innecesaria.
Si ocurre una violación, la mercancía será confiscada por la Aduana de los Estados Unidos y posteriormente transportada por la Aduana desde el CES a un almacén de bienes incautados. La mercancía permanecerá en el almacén hasta que la Aduana autorice su liberación y la tarifa de almacenamiento este pagada.
Una vez que se incauta la mercancía, el oficial de Aduana remite el caso a la Oficina de Multas, Penalidades y Decomisos (FP&F). El asistente legal de FP&F revisa el archivo y prepara un documento el cual representa el Aviso formal de Incautación. El Aviso de Incautación se envía por correo al presunto infractor. El procedimiento estándar será notificar a FP&F de mi representación del importador o exportador cuya mercancía ha sido incautada para que se me envíe directamente el Aviso de Incautación. El Aviso de Incautación identificará qué y dónde se incautó la carga y también la base legal para la incautación. Vea 19 CFR 162.31 (b).
Una vez recibido el Aviso de Incautación, el “infractor” tiene 30 días para presentar una Petición ante la Aduana. La Petición es el medio por el cual el representante de los bienes puede tratar de persuadir a la Aduana para que libere sus bienes incautados. La Petición puede argumentar que realmente no hubo una violación, o que sí hubo, sin embargo, que hay posibles factores a favor de liberación de la carga. La Petición debe seguir las pautas establecidas por las Aduana de los Estados Unidos en 19 CFR Parte 171. Por otro lado, La Aduana de los Estados Unidos posee un manual sobre el proceso de casos de incautación el cuál puede ser de gran ayuda.
Eventualmente, la Aduana aprobará la Petición y liberará la mercancía incautada, o negará la Petición y no liberará la mercancía incautada. Una Petición Suplementaria u Oferta en Compromiso puede ser enviada a la Aduana si la Petición ha sido negada.
En definitiva, el proceso de petición administrativa con la Aduana puede ser largo, sin embargo, hay ciertos puntos claves los cuales se deben tomar en cuenta:
1) Trate de asegurarse que la mercancía importada cumpla con todas las leyes y regulaciones pertinentes aplicables al producto en particular;
2) Si La Aduana de los Estados Unidos detiene sus productos, póngase en contacto con un abogado de aduana o agente de aduana con experiencia para demostrar activamente que no existe ninguna violación; y
3) Si la Aduana de los Estados Unidos incauta sus productos, asegúrese de que su abogado de aduana conozca la política, los procedimientos y las prácticas de la Aduana de los Estados Unidos para obtener la liberación de la mercancía.
Para obtener más información sobre el proceso de incautación, observe el video a continuación el cual describe el proceso y muestra una copia REAL de un AVISO DE INCAUTACION, haga clic AQUI.
Contacta a sus expertos a través de: info@diaztradelaw.com para discutir el mérito de su caso.
Hello,
A shipment from China was seized by the US Customs. I know the seizure was not correct, however, in order to correct the issue takes longer than my business can effort. After i spoke with the manufacturer in China and the US Customs, i decided to forfeit the equipment (not a large quantity) in order to proceed with the next shipment. My concern is if we forfeit the shipment, will that have any negative effect on the future of the company?
It absolutely can. You will likely experience “intensive examinations” for the next 5 or so shipments. This is why “Pre-Compliance” is so important. See more here: https://youtu.be/NehTmLB_0v0
Hi
Iam a soccer coach, i have a? My package from china was seized i order 30 soccer uniforme for my soccer team.. This is the first time it happens to me.. I have order 3 times from the same factory… I really dont know what to do..
I purchased around 30 branded headphones from china. The supplier shipped the package on 06/26/21, and has been in customs since 6/30/2021. upon following the tracking I see import scans warehouse scans, package is pending release from a government agency. then on 7/06/2021 the status reflected the package is undeliverable and is in the process of being abandoned, and on same day p[package has been released by government agencies. On 7/13/2021 there is a warehouse scan and on 7/22/2021 an import scan. I do not know what is going on, can you please share your thoughts regarding this issue. the package products retail value is around $4,000, and I want to know if i am gong to get in trouble for ignorantly importing branded products.
hello
what if my seized cargo has a net value of $11,000.00 will CBP still issue a fine for the MSRP of the forfeited merchandise ?
You’re value is not what CBP looks at. They have their own appraisers. CBP will calculate the MSRP – the sales price. If you purchase a purse for $1 but, it sells at retail for $1000, the penalty is $1000 X how many purses you imported.
Hi,
we are international traders of scrap metals. we export scrap metal commodities to asia from US region. Recently, our containers were held by US customs because it is brass shell casings. what they are stating is that they are waiting for final determination from US state DEPT. if our containers gets seized by US customs, what should we do from this point and on?? I know other scrap traders are having same problems with US customs for brass shell casings. can you advise us what should be done from here??
You very much need export compliance training. Check out: http://diaztradelaw.com/exporting/ for more information.
I have received a seizure letter from the CBP. It says the forfeiture value is $2040. It also syas I can sign the attached form so the merchandise will be forfeited immediately and I wil not receive any further mail from them. If I sign it, does that mean I admit quilt? I see in your previous answers that they usaully give fines if the value is over $20,000. Does it mean that I am safe? Thanks.
A penalty may still occur – unfortunately, no one is ever “safe” – it’s a determination Customs will make if the value makes sense for them to pursue. My suggestion is to file a Petition with your legal arguments and any mitigating factors. Otherwise, Customs will not have your side of the story in their system. I’ve also seen IPR seizure impact personal international travel.
I had a $10 watch seized by customs for being a counterfeit Rolex. I have a notice of seizure and information to claimants non-cafra form. The watch was appraised at $35.00. I want to abandon the watch. Is that a good idea?
Hi,
My goods are seized due to violation of infringements. The goods are computer keyboards and because of having windows logo flag on one of the keyboard button,they seized it. The invoice value is $16,300 however the seizure notice says, the MSRP is $29,571. Now, in the seizure letter US Customs says “Alternatively, you may elect to abandon seized merchandise and it will be forfeited to the government. If you choose to waive such notice, you will receive no further mail from this office concerning the disposition of this merchandise. ” So, if I volunteer to abandonment the cargo and choose to waive the goods to US Government, will I still be fined ? In the letter, it says “in addition to forfeiture, you maybe be liable for penalty equal to MSRP value. Now, I am confused. They say, we will close the case if I waive my rights on the seized goods but also says, I may be liable for penalty after forfeiture.
Thank you in advance
Jen Diaz
jdiaz@becker-poliakoff.com
A penalty is likely in your case. My suggestion is to file a Petition with your legal arguments and any mitigating factors. Otherwise, Customs will not have your side of the story in their system. I’ve also seen IPR seizure impact personal international travel.
I have filed a supplemental petition. I have not heard back from customs. How long does customs have to respond or what is a reasonable time frame for customs to make a ruling on the supplemental petition? Thank You.
Good question. There is NO timeframe for Customs to respond.
Hello, we have two shippments shipped from Taiwan to USA have been seizured by USA customs and DHL/Fedex said that the reason might be IPR issue.It has been around 60days since the first seizured date the consignee still has not receive any notice from USA custom.Normally how many days we have to wait ?
We want to help the consignee prove that the goods are genuine, what can we do? Please help thanks
David, Supplemental Petitions take MANY months for CBP to respond to (unfortunately). I work with clients and CBP to help expedite the process as much as possible.
hello,
I have some itmes that sent back to shipper from HONG KONG and no reason given. DHL just indicated that customs forced them to send it back. My question is will customs flag my address and continue to do this… Im confused because I thought if they felt like it was counterfeit wouldnt they keep the merchandise? if they are sending it back it must be a paperwork issue im assuming.
Homeland security came to my front door to ask me about a package that was seized in my name coming from China. I told them I knew nothing about it and never ordered anything. They kept trying to get me to confess that it was mine and I kept telling them I knew nothing about any package. They told me they would be in touch and they left. Should I be worried?
I would 🙂
If I sign the letter to forfeit the merchandise will I still be admitting to ownership of goods, and will I have to pay a penalty fee?
Ariel, it depends on the rationale for seizure. For example, in a trademark infringement case, if the alleged violation was infringement of a trademark recorded with Customs – then a penalty after the conclusion of the seizure case is likely. Real answer is it depends, which is why you should spend the time and money to get experienced counsel to assist you.
how I get official notice from customs that my package was seized as I need evidence to show to the seller. thank you
Can take Customs (depending on port and how busy they are) a month or so to get a seizure notice out to you. I typically get involved to help expedite the process. If you would like assistance, contact us at info@diaztradelaw.com.
In a seizure case, is the government seeks the transfer of the title to the property from the owner to the state as a punishment to the property?? I’m confused. Hope for your quick response thankyou
You’ve got it, in a seizure case – you can go through the administrative petition process (my personal preference). If you lose, the merchandise is forfeited and either sold at auction or destroyed. If you still have questions after reviewing our blog post, please schedule a consultation with us by emailing info@diaztradelaw.com.
Hello, I received a letter from CBP stating drugs being sent to my address falsely manifested as craft supplies. I and my husband did not know of any such shipment, craft supplies or drugs being mailed to us. Should I abandon the claim and allow for forfeiture or should I send in a Petition?
Hello-
I received a letter from CBP a year after my jerseys were seized saying they were counterfeit. Which I’m sure they were based on the prices. 🙁 I am fine with just abandoning them, but not sure what I should respond in this letter giving me 5 options and what the penalties will be? Also if I do abandon them does that mean I am admitting that I ordered/imported them illegally? Or am I better off paying the domestic price to purchase them back?
Thanks,
Katie
I never recommend abandoning without telling your story – you can potentially have penalties after a seizure case as well (read more about that here: http://customsandinternationaltradelaw.com/2016/04/12/yet-another-reason-to-record-your-trademark-or-copyright-with-u-s-customs-and-border-protection-cbp/).
Contact my office at info@diaztradelaw.com to see how we can help.
Hello i need help my car was taken by cbp in sandiego and i recieved a notice of action should i file a petition on offer in compromise
I typically recommend filing a Petition, contact me at info@diaztradelaw.com and we’ll see how we can help!
Hi CBP seized my order from china A fake LV and Fake burberry. CBP send me a letter . What will I do . The amount total of order is $140.00.
I just received a letter from cbp.. Stayting that a package that i oder 3mk watches had been seized.. Is this something i should be worry about i am scared it says i could face civil penalty please help
Yes – you should be concerned! Seizure cases are SERIOUS! IPR violations CAN also lead to penalties AFTER the seizure case is over. It is important to BE PROACTIVE and have an expert assist you in the seizure process. Call my office for a consultation today 305-456-3830.
More information on how seizure cases work may be found here: http://diaztradelaw.com/customs-border-protection-issues/cbp-seizures-fines-penalties-and-forfeitures/
More information on how penalty cases work may be found here: http://diaztradelaw.com/customs-border-protection-issues/cbp-penalties/
A Video discussing the seizure process may be found here: https://youtu.be/iODc37qGBJU
Had ordered some jerseys from china and my package was seize I have no idea why I was ordering them for some diable kids still have n ot received a letter or anyrhing can I get my money bac k or will be able to get my goods ty please help
I never recommend abandoning without telling your story – you can potentially have penalties after a seizure case as well (read more about that here: http://customsandinternationaltradelaw.com/2016/04/12/yet-another-reason-to-record-your-trademark-or-copyright-with-u-s-customs-and-border-protection-cbp/).
Contact my office at info@diaztradelaw.com to see how we can help.
I received a detain letter from customs for having logos from apple accessories They gave me 7 days to respond to provide proof if can use there logo which I cant or the supplier. Which I lost $450 already plus my real question is will I get sued by apple especially when they got my name all wrong it doesnt even match my name is malcom chinease wrote Mahj La cam same with my phone number. Should i just ignore the letter let customs get rid of it.
Apple does have the right to take separate action, apart from U.S. Customs. Typically, it starts with a cease and desist letter. If you read me top 10 tips (on the wwww.diaztradelaw.com homepage) you’ll know I always say “FIGHT” – and this way you get to tell your side of the story. For more specific help for your case, contact us at info@diaztradelaw.com today.
Thanks for your response, Even if the name is wrong? Can I just put doesnt live here in the next letter I get.
I received a letter from customs a (non-cafra) for ordering sport jersey for a kids team. The letter does not have my correct legal name and now I have no intrest in receiving the package. If I sign the the box stating…(“I” abandon the property and forfeit property), does it show guilt or intresting In the package? If I don’t sign it, still shows I have no intresting in it and they will dispose the merchandise anyways after 30 days. Will I still be at fault?
A Petition is your way of telling your side of the story, I highly recommend it. If you abandon, you make it easier for Customs to proceed with forfeiture, and depending on our case, the items involved, and the TM violated, potentially penalties thereafter. If you still have questions on your specific facts after reviewing our blog post, please schedule a consultation with us by emailing info@diaztradelaw.com.
I received a letter from a delivery company Mercury Delivery Express stating I had been sent a package and if I did not send $4390 for Diplomatic Tag, my package would be confiscated. It has been 32 days. I have never received a letter from Customs. But was instructed to send money to a bank with routing number and account number. Can you please help and advise.
Sounds like fraud to me. Customs will always send a seizure notice if they seize your package. If you still have questions – schedule a consultation with us by emailing info@diaztradelaw.com.
Hello, a package ship from Mexico containing a customize saddle was confiscated in Laredo/Columbia checkpoint,by the fish and wild life commission, the problem is that for over 30 days no one know what happen, or this they say, UPS was following the case as a lost item, we Lost track Oct. 13,2016 offer over 30 days of me looking for information in regards of this package I finally find out that fish and wild life had this package, the officer name and phone number was given to me, they say that the package which contained a customized saddle and a customized fake sword was confiscated under the allegation that the package was missing the CITIES paper work, I try to comunicate with the officer with no answer, I keep insisting with no luck, I knew the saddle was shiped with the a legated paper work or with some paper work according to the sender, everything they needed, I called the main office in Albuquerque, and spoke with the person responsible to send notifications, she claim that no one reported a saddle, she told me, since is over 30 days and the officer is not answering your calls, I’ll give you his supervisor #, I spoke to the supervisor he didn’t know anything about the saddle at the time, he ask me for time to investigate after 5 hrs I called him back (no answer) I called him back 20-30 min later living a message, he called me back right away alegating that he was calling me and the number was sending him to a different person’s phone, he calms that exesive work and lack of labor hands was the reason why I haven’t heard from his officer, at this point I like to know the time frame an officer has to report a seizure item, and the time frame for him to advise the owner of the property. My information along with the shipers information was attached to the package for any possible issues, this is a very valuable gift from my family for my 45 bifthday, very valuable to me and I sure don’t want to loose it for a miss understanding.
Hi Jennifer,
I have order genuine goods from China to Canada, routing from Dallas, US. My goods were detained Dallas customs, both myself, shipper, and American Airline Cargo services had reach out to US customs and no reason provided. What can I do? I need these goods for Black Friday and Christmas Holiday. Thanks in advance for your help.
I received a seizure letter of the money that I gave to my mom when she visited me.My mom was detained at the JFK when boarding her connecting flight. My mom left the US and I am handling the case. Should opt for a petition for remission or mitigation, or should I opt to file a Claim Action. We didn’t know about the reporting law; my mom did not speak English and didn’t get adequate translation when they detained her and questioned her about the money she was carrying, and nobody told her about reporting the money when she was boarding at the San Francisco Airport. I would like to get the money back.
My goods are holding by Customs, because they want to confirm the sale price (as per them it’s too low). I have to explained them that I have a trade agreement with the manufacturer. Are there any specific information that I have to include on this letter.
thanks..
Hello, I was detained at the otay border in San Diego on Dec 6th, 2016. CBP stated that they had found 70 kilo’s of marijuana and proceeded to take me into custody. Thus keeping my truck, laptop, purse and its contents, my phone and clothes. I knew nothing about the drugs being there but i had stated, ” it was all mine for personal use” before ever knowing the type of drug and or the amount of drugs, that were in my truck. “Possession is 9/10 of the law so I’m screwed regardless.” After that is when I had asked what type of drugs were found and how much. They proceeded to tell me that it was 70 kilo’s of marijuana. What do I do? How do I get my property back? I can’t afford an attorney. Please help me!
My sister inlaw went to Burma to visit her mother she took with her and brought back some diamonds that she bought and paused for in USA. But when she returned to use they took them from her saying that she was smuggling them she has paperwork saying they were purchased in USA but they still took them she got a letter today saying she can forfeit them items what can she do and can she get them back they say the value is over $170k this was in Houston tx btw thanks
I read this blog and as an attorney myself I would advise each person who posts a question to give serious consideration to obtaining legal representation from a licensed attorney ASAP. In every instance you, a private person, are being advised by the federal government that you have broken federal laws. Whether this alleged breach is intentional or inadvertent you are facing a process unknown to you and the potential consequences are simply to great for you to do otherwise. Remember the old quotation: “an ounce or prevention is worth a pound of cure.”
Agreed! Seizure cases are SERIOUS! IPR violations CAN also lead to penalties AFTER the seizure case is over. It is important to BE PROACTIVE and have an expert assist you in the seizure process. Call my office for a consultation today 305-456-3830.
More information on how seizure cases work may be found here: http://diaztradelaw.com/customs-border-protection-issues/cbp-seizures-fines-penalties-and-forfeitures/
More information on how penalty cases work may be found here: http://diaztradelaw.com/customs-border-protection-issues/cbp-penalties/
A Video discussing the seizure process may be found here: https://youtu.be/iODc37qGBJU
I think many people will benefit from the YouTube videos Ms. Diaz posted about having your funds or goods seized by US Customs. Most telling, is the prohibition on “splitting money” so that any one person is carrying less than $10,000.00 in cash ( or other negotiable instruments or currency). The US government will consider the collective value for the “family” and then seize a violation. In that the rules can change quickly and the legal definition of “family members” is a legal meaning the wise traveler will consult a knowledgeable attorney before they depart.
Hello, I recently had a shipment detained in Customs in Laredo TX, no communication until yesterday that the officer called me and told me he wanted me to be present to answer some questions about the shipment seized almost a month ago. I asked him what was about and he told me he would say in person. I am concerned about this. What if I don’t go? and Can I send a lawyer to represent me? or what should I do? Please advise
Would absolutely recommend sending a lawyer instead of you, personally. To discuss the specific details, contact us at info@diaztradelaw.com
The 30 day petition requirement listed here is incorrect, you have stated that “Once a Seizure Notice is received, the ‘violator’ is provided 30 days.” Customs regs state that a violator has 30 days from the date of when the notice was sent, i.e., 30 days from the date of the mailing of the notice.
I’ve ordered 4 pairs of shoes 3 for me and 1 for my dad but customs took them I want to know when I CAll them tomorrow will I be able to get them
Prescription medication were send from canada to my address . i received the CBP letter as some medications were controlled. I did not know about the shipment and it was for a family member that was visiting us . I did not respond to the letter as it stated that “if you do nothing” they will detroy the items.
Now i am applying for immigration and wonder it this is something i should mention in the n400 form. was there any law broken if the shipment was send to me without my knowledge
It is a shame when everything we buy is from China or some other country, but when we buy it is is seized by the US Customs. I ordered some cups for my family and they were detained. This is totally not right. If it was drugs or something I could understand.
HELLO MY AUNT SENT A PACKAGE FROM MEXICO WITH HONEY & MOLE(FOOD IN SHAPPE A OF PASTE ) A LITTLE DRUM AND A BIRTH CERTIFICATE
IT GOT SEIZURE IS REALLY A AMOUNT APROXIMATE OF $150 I DON’T KNOW WHAT OPTION TO CHOOSE IT SAYS THAT IT GOT SEIZURE BECAUSE OF ATTEMPTED IMPORTATON OF METHAMHETAMINE WICH NONE OF THE GOOD HAVE THAT
I recently purchased a rifle scope through amazon.ca, normally I’ve never had issues with it because if I buy on the .CA website, it’s good to go, but I recently received a seizure letter from us customs about this. Is it better just to forfeit, or direct them to amazon about the mistake? I never would have purchased from Amazon in the first place if this is the outcome. I would like to try and get my merchandise, and I don’t know if amazon is at fault, or if there’s a way to protect myself in this circumstance.
In the event you must file a protest to a liquidation or re-liquidation do you recommend “normal” procedures under 1581 (a) or expedited procedures under (b) ? I ask this because the Court of International Trade and Court of Appeals have upheld CBP inaction (despite the “shall” approve or deny statutory language providing two years) in Hitachi and Jensen cases (writ of mandamus failed) claiming no jurisdiction if CBP does not rule on the protest and that the 1581 (i) remedy is unavailable because the now numb and stunned importer can seek a remedy under 1581 for expedited process ( resulting in more delay and a “deemed denial”) that makes the initial decision not by CBP but the courts !
What custom will do to the Abandon cargo? Are they going to destroy it?
They sell much of it at auction! https://www.treasury.gov/services/Pages/auctions_index.aspx
I just purchased a vintage Omega 2004 used watch from thew UK and had it shipped Fedex.
My declared value was $700 that was the agreed price between the seller and buyer. The watch current value is around 4,500.
Now my watch is being held at customs for intensive review for 35 days. I am completely freaking out, my watch is being held with no one to speak too.
This is no counter fit nor nothing illegal. I declared a low value because I was able to get it at a low price. What I am to do….. I will not let this one go.
I will need legal help to write a letter.
Hi, I had a box come in from the Netherlands. Its riding equipment…….for horses. It has been in CPB since March 31st. Will I ever get it? If duty is owed who do i pay? Thanks
I ordered 300 HDMI cables from Hong Kong for resale. I called FedX when my shipment got hung up and they informed me my 3 packages have been seized by US customs. No logo, no brand.. just plain HDMI cables. How can they do what they are doing with no merit for seizing? It’s been almost 30 days and I have officially heard nothing. Should I call them without a case? Will they even talk to me yet?
I ordered some purses from China. The purses have arrived in my State but they were took to Customs. After a couple days, I received a letter, “Notice of Detention” saying that the purses are confusingly similar to Chanel. They will give me 30 days to provide enough evidence and get approval from Chanel for Customs to release the purses. But I don’t know where to start. Is letter of Notice of Detention the same as Seizure Case? I’m worried.
Hello, in December I ordered clothing from China for my kids for Christmas. I’ve been trying to receive my items for 6 months, but I’ve been given the run around. I’ve went on many different forums and they’ve all said the same, Chicago customs is unorganized, unprofessional, and are believed to be steeling items. They told me that since my items came from overseas, that I won’t be receiving them. They are shoes! Is there any government agency that I can speak to that can get something done about this?
I ordered CCTV Cameras, DVRs, and CCTV Accessories from china total of 24 boxes. I have my logo printed on the cameras and dvrs. however, my logo is not a registered trade mark yet. The seized my shipment in Dallas, TX. I received a detention notice and custody receipt for the detained property. reason of detention is (IPR RESEARCH – HDMI). along with that a letter saying i have to provide CBP evidence to demonstrate the authenticity of the marks appearing on or comprising the merchandise.
This is my first time making a big order on a big scale, usually i order 2-4 boxes.
I don’t know what to do from here
any advice
Thank you
My friend ordered 2 purses from China. Didn’t know the name brand. She paid $500 for 2 leather bags. Customs has had them for 11 days now per the USPS tracking #. She hasn’t been contacted by anyone but wants her purses. I looked the purses up from the iOffer website she ordered from. They are Hermes Birken handbags that go for $12,000. in the US. The appear authentic from the photos on the website. What form do you send Customs to inquire why they are holding your mail for so long. It was shipped 5 days airmail, signature receipt.
My iPhone has been held my Us customes, how long will it take for the, to release it
My iPhone has been held my the customs how long will it take to release my phone
Hello Jennifer, I ordered a package from china, 2 days after it was shipped, it was held in custom for 2 weeks, and then after 2 weeks the tracking number showed me “please contact dhl”, so i contacted dhl and they said my package is being held by custom and i will recieve a letter from them very soon, i was very surprised because my package include only a few wallets inside with NO logo at all, so i didnt know why they were holding it until i received a letter 3 weeks after from dhl stating that my package includes items that are violating a trademark company and they never stated which company, and i was given 2 options,
1. I do nothing and they will abandan the package
2. I request that cbp commence seizure proceedings. i understand that , by requesting ……. .
At the end of the letter there was a contact number from dhl and i think she was a broker for dhl and i called her and explained to her that my package does not have any logo and custom is defenitly making a mistake and she told me to check mark the second option and sign and scan to her, she said that custom didnt actual open the package, they only scanned it and they think it has a logo and i have to check mark the second option so they go ahead and open the package, what my concern is, is that i am being played by a game or did i have to check mark that second option because i know what i ordered and i know custom is making a mistake, at the end, all i want to know is that did I make a mistake by check marking that second option please let me know as soon as possible, thank you
I had some currency seized. What do I do? Have not received a letter saw it when I track package.
Had something similar with PS4 HDMI chips. Seems this comes under ITAR which is a different issue entirely.
Apparently the entire console is exempt but only if sent from SCEE to Channel Islands, etc as they alone have an agreement.
Even consoles sold via Ebay aren’t exempt from this so effectively anyone sending a working or broken system across borders could
be in big trouble.
Applies to high end graphics cards as well (cough 1080Ti /cough) as I discovered.
I have a package from Nevada coming to Ghana, West Africa, containing two iPhones (An iPhone 7plus and An iPhone 6) and 4 men t-shirts. It was shipped through USPS on 25th of August 2017 but whenever i track it online on the USPS website, it tells me my package is been Held by the US Customs. Now my question is , how long will it take for it to get to Ghana and will i ever receive my package.?
I had made arrangements with a courier company to receive a package from Dublin inherited by my wife from her deceased parents. I was notified today that the package in transit had been seized by DEA and customs. I don’t know the exact contents of the package but i do know for sure it is not illegal drugs and if i had to guess I would say the package probably contains money. Should I be hiring a customs attorney?
Hello, my package was shipping to U.S. on July, However, US custom told me that they decided to seize the goods on Nov when I called them. The package is about 6 pairs of shoes($1500), The reason to seize goods is they think it’s fake shoes. However, one of shoes was buying from United State at Goat or StockX, and 4 of shoes was buying from Nike store at Japan. Which means they have false argument. I haven’t received the notice yet, but I do want to file my case to the court(or whatever it is) and get my goods back. What should I do at this point? What can I do to make my case faster? Should I find some expert to help me to send the argument to U.S. custom or court? Once I prove them wrong, can I sue them for the time that I waste, fee occur, and spiritual loss since they seize my goods without any knowledge of shoes authentication? Please help if you have any idea. Thanks
My Phones were detained by Custom Officers, And they are actually Two Phones sent from US to Africa, is there any possibility that it’s gonna be Released soon and sent to Africa!
Hi. I bought asthma inhalers in Mexico for my husband who was with me but they were in my purse and I have no rx for them. We’ve gone once or twice a year for years to get them this way. This time they were seized and I had to pay 500 to get released from border control. Now I’ve gotten the notice of seizure /non cafra form. They have my inhalers valued at $0.00. Is this a way to get them back? Will i have to pay again? Please help. Thanks
I just received a notice of seizure for something I didn’t even order??
Do I have to take any action or just ignore it?
Thank you!
i have send the passports for immigration purposes to canada and while returning my passports are seized by US customs. What can i do in this scenario. I have not yet recieved any letter from US customs.
Contact our office for assistance. Info@diaztradelaw.com or 305-456-3830.
i have send the passports for immigration purposes from USA to Canada Immigration Dept and when the Canada Immigration Dept send tha passports back to US, they are seized by US customs. What can i do in this scenario. I have not yet recieved any letter from US customs.
I purchased a gemstone (sapphire) from India on eBay. The shipment has a tracker and I can see on the tracker that U.S. Customs has snagged the parcel. This is not a case of copyright infringement, or a stone bought from a blood-and-diamonds state. It cost me all of $140. Does this sound like something that could turn serious? The majority of loose gemstones on eBay seem to come out of India and Thailand, yet no warnings are published about customs seizure, except a tiny warning about purchasing — that customs in some countries may seize or delay shipments. After reading your emails above I’m astonished this is not better publicized on eBay.
If Customs goes after me for an inflated dollar amount for this one stone, at what point roughly does it become worth my while to hire a trade law expert?
Free country? I think not. This whole thing is infuriating to read. Customs has way too much power. Narcotics, people, poisons and weapons – those are what they should be looking out for. Everything else shouldn’t matter much.
My authentic Louis Vuitton Bag is held in Customs . They asked the original Photo of the receipt and i sent through the brokerage of UPS Courier and she forwarded in Customs now the bag is in Import specialist checking the authentic of the bag and no update yet 🙁 I refunded the money of my buyer becuase i dont know when she will receive.
How many days they will release the bag . I am really worried .
We are still continue praying for my bag to release and back to sender.
*authenticity
Absolutely. Customs has the right to inspect all containers.
Can customs open your container without letting you or your broker know then placing another seal for final destination?
Hello, my DHL shipment was seized by US customs which contains a fake Hermes throw valued at 1100.00. I only had 1 and it was for personal use (for me) only. Will they just keep it or will I be required to pay penalties? I feel stupid, as I did not know it was a fake until I investigated why they seized my package because I paid hundreds of dollars for it. If I just let them keep it in customs and cut my losses will i be ok?
I’ve had two cases of stickers from China siezed due to copyright issues. They are giving me the option to have them destroyed at my expense or seized “The importer will not be charged for the processing of a seizure. The importer or agent of will receive a seizure petition letter from FP&F. Although the seizure of the good will be part of the importers record.” Should I have them destroyed to avoid having it on my record?
Quick question if my vehicle was seized and the value is 6600 dollars and I still have a lien on it, if I abandon it what will happen will I still owe that lien or will they notify the lien holder and then they are responsible for it? Thanks!
Contact our office for assistance. Info@diaztradelaw.com or 305-456-3830.
My package was retained for examination for customs, there are some soccer jerseys without brand name or logo such as Adidas or Nike.
It has only team names or logos such as arsenal or Mexico, as I know this are not counterfeit goods, can someone help me please.
Contact our office for assistance. Info@diaztradelaw.com or 305-456-3830.
my container was seized due to wrong declaration of container no in ams , which has been corrected after vessel reaching at destination
request you to guide me by what time my container will be released and if there may be penalty on the same
Contact our office for assistance. Info@diaztradelaw.com or 305-456-3830.
Hi I am a young 15 year old boy who bought some phones for my family. They got stuck in customs. I got a seizure about them because some how there clones. So I just picked a option to abandon them let them be destroyed. It’s been a month now and no panelty came. Am I safe? How high would the panelty be they said that the phones cost 25$
Contact our office for assistance. Info@diaztradelaw.com or 305-456-3830.
Is it over after you pay a panelty?
Contact our office for assistance. Info@diaztradelaw.com or 305-456-3830.
where can i find seized goods by US Gov which must be exported after purchase?
seized at ports of entry which are auctioned and must be exported.
Thanks in advance
Hello, our merchandise was seized when being EXPORTED from the US. They were used refrigerated units inside a trailer. The units, though, were not declared by the shipping company (the trailer was declared by itself). Is there a penalty for this? The shipment was being EXPORTED.
My container was detained by customs for inspection. My container is coming from Ghana, with dried foods. Everything was filed correctly. I have all the paperwork. Everything is legal. i don’t have anything fake. everything was made by female cooperatives and everything is documented. When i received the notice of detention, the reason says: admissibility. and that they are doing some labs.
What are my options? they said they can hold it up to 30 days. I have the demurrage charges adding up. at this point the charges are almost the price of my shipment. I am not sure how i can solve this problem. What are my options to get a release except waiting for the results.
In our recent flight home we had packed new earrings in a jewelry box in a small bag. When we arrived home the box was there and the earrings were gone. There was no notice of “seized property” is there someone we should make aware of this probable theft of our belongings.
Australia is doing this too… i have a feeling that i wont get my money back or my package… i shop all the time why this time i finally get some good product they decide to mess around with me. I dont work and they where the best quality for low price i could get from korea. THE fuck. I trust Korean cosmetics are legal they just decided to keep them for no apparent reason and blame it on the seller. Saying they must report them lost when… customs in Sydney has the items so they are technically not lost they have just decided to keep it.
I have shopped with them before, i know i will get good quality. Why this time my package get siezed… Because of this i now don’t know where to shop if this will happen all the time. Why cant they just give me the damn items, there is so many ugly things from China here that never get seized… as soon as i get something authentic they decide to keep it. Twats.
My package is an airsoft B.B. gun, and had been stuck in customs since January 10, and it is now February 24. I never received any Notice or anything from customs, is there anything to do?
I recently imported 10 kilo of kratom from Indonesia. it is legal in California and in Michigan. San Francisco has a city wide ban of kratom. My kratom is being held in a San Francisco Customs office. I have until March 8th to appeal, what should I do first? I have called the appropriate office I was told too appeal too and I am awaiting a response. the FDA says it is not approved for consumption, can I say it is not for consumption?
So, is customs also in charge of screening foods, chemicals, plastics, and cosmetics from China? I find it dubious that cell phones or motorcycles would be so highly scrutinized, but toxic/dangerous foods, chemicals, plastics, and cosmetics are allowed through with no problem.
I would like to know for how long it takes custom to seized parcel because I made payment through e banking and it took 10/12days to get remitted in their account and they we agree to pay as part payment through bitcoin for fast and easy but on same day I could not make do the very next day I did it they emailed me they got our payment and again. Nxt day they emailed us custom officer denied to take that payment because they reason me for late and again they added 25%down payment is it possible?
Hello Yufung and thank you for your inquiry. Please take a moment to give us a call at 305-456-3830 to speak to one of our experts regarding the specifics of your case, or you can email us at info@diaztradelaw.com. We look forward to assisting you soon.
Can you tell what US customs does with the goods it confiscates? I imagine they sell or auction it off. Can you tell me where I could find those auctions?
Sure. Check this out – https://www.treasury.gov/auctions/treasury/
Hello, I import used tires and recently customs did a full inspection and found 356 tires out of 1,098 that had no US DOT. We are moving forward to destruction as it will be cheaper than to send full container back. The agent noticed I had a 2nd container at port and also placed a hold on it. Does this “red flag” me at all ports or just at the current port that’s doing the inspections? I asked to see the seized tires and they claim no one from my company can be at the site. How do I know they are really checking correctly as I have no proof..
Hello Mr. Alonso and thank you for your inquiry. Please call us today at 305-456-3830 to speak with a live agent and to discuss all of the possibilities tailored to your specific case.
Heya, I’m a disabled man who is unable to find love. I am very lonely and very weak. I bought a love doll (Yes, you heard right) from china. And from what I researched, they should be legal, even the ‘child like ones’ (Which I surely didn’t get). It’s not child like since it had big tatas, and wide hips. However, it’s only 4 feet tall because taller ones would be too heavy for my medical condition, and I’m also pretty short. Anyway, it has been seized by customs after an examination, and I have yet to recieve a seizure letter in the mail. Believe it or not, love dolls are very popular and is a multi billion dollar industry. The company I bought from has been around for a very long time, and is very well known. Would customs ever seize a package due to ‘morality issues’? And if so, would that be an illegal seizure?
Hello,
Please give us a call today at 305-456-3830 to speak to a live representative and explore possible options for your matter.
I had currency seized at the Calexico West port of entry. I filed a successful petition to return the seized money, but CBP has not indicted how the money will be returned. How are items that have been seized actually returned to their owners once the petition has been approved? Do you return to the same port of entry where the item was seized to pickup the items or is there another process?
Good evening Mr. Spiers,
Please give us a call as soon as possible at 305-456-3830 to discuss your matter in further detail!
Customs seized some Crocs I ordered from China. I didn’t even know they were fake because price was high and also I do not live in the USA.
My questions are:
1. Will I be able to get my package back?
2. Can I get a penalty for it even if I don’t leave in the US?
3. Will that affected my next orders?
4. Will that affect my avisa application?
A friend purchased 5 fake rolex watches valued at $100 each for grandkids on a trip to Saudi Arabia. Customs seized the watches on entry. They received a Non-Cafra Form. Should they abandon since they are only valued at $500? We are very confused by the terms in the letter.
im an exporter of construction equipment and export form US to many countries , since november i have had 2 containers under cbp hold initially i was asked to submit more documents which i did and have not heard anything from customs . freight forwarders says they cannot do anything unless customs hold is off and in the meanwhile another rd container shipped with a different forwarder was taken for inspection .
i had one container that made it to a vessel and i was informed that after sailing from houston it was unloaded in savvanah GA and is under hold also they offloaded from vessel in GA . the customs officer is very rude and says check with freight forwarder they will inform you , freight forwarder says still on hold and we cant do anything unless customs says something. i beleive its a matter of filling the wrong documentation . im having no luck getting any proper reply and more of my containers are getting flagged 4 out of 4 now . what are my options . ? everyone is telling me its a waiitng game i shouldnt contact them otherwise matters will get worst my bsuiness is suffering im scared to send any containers to the port . i have been exporting equipment for a long time and never had issues with export and some containers i import go under cbp hold but are released with a day or two after we pay .
I have a package to be sent here in the philippines but the parcel is held by dea/atf because it said it is ab act of money laundering. It is an atm from my husband’s account for his compensation to be sent to me. But now it is held there my husband’s lawyer said we should pay the fine and as long as we do that it will be released. I already made the payment for the fine and yet i have no idea how long it will take to be release and send to my country. Please advise me. Thank u
I had my parents buy some sneakers at a store in south america (PERU) and I wanted them shipped to the US where I live, so my parents shipped them and they were held by CBP saying they were counterfeit which is not true I have my receipts of purchase and I have also bought shoes in the past and sold them on apps like EBAY, SOTKCX, etc where the sneaker go through a authenticity check before they go to the buyer, but CBP says they don’t accept receipts and wanted me to provide a CERTIFICATE OF AUTHENTICITY from adidas, LETTER OF AUTHORIZACION FOR IMPORTING THERE BRAND, stuff that companys dont give. And now my package is being held and I’m basically being accused of importing counterfeits.
I had my package seized from Fed Ex due to counterfeit,,,What do I do ?20 thermal LV cups,
Hello,
I have priority express international package, shipped on June 29, it reached NY ISC and was processed through Jamaica NY, on July 2; without any updates since then. The claim has been opened but I’m still nervous, because I paid extra premium and I do not now what’s going on. Already send a message to CBP and will probably call them and ask about my package. Any ideas?
Thank you,
Martin