Receiving notice that U.S. Customs and Border Protection (CBP) has seized your merchandise can bring an import transaction to an immediate halt. More importantly, a seizure means CBP believes there is a legal basis to take possession of the merchandise and potentially pursue forfeiture. 

A CBP seizure is not the same as a routine delay or detention at the border. Once merchandise has been seized, importers face specific procedures and deadlines for challenging the seizure or requesting relief. How you respond can affect whether the goods are released, forfeited, or become the subject of additional enforcement action. 

If CBP has seized your shipment, understanding why the goods were seized, what your Notice of Seizure says, and what options are available should be your first priorities. 

Why Does CBP Seize Imported Goods? 

CBP is responsible for enforcing hundreds of laws and regulations governing merchandise entering the United States. Merchandise may be seized when CBP determines that the goods were imported, entered, or introduced contrary to law. 

Common reasons for CBP seizures include: 

  • Counterfeit goods and intellectual property rights violations; 
  • Prohibited or restricted merchandise; 
  • Undeclared or improperly declared merchandise; 
  • False statements concerning country of origin, value, classification, or other entry information; 
  • Attempts to evade customs duties; 
  • Certain violations involving antidumping and countervailing duties; 
  • Goods that do not comply with requirements administered by Partner Government Agencies (PGAs), such as the FDA, USDA, or CPSC; and 
  • Smuggling or other customs violations. 

CBP’s authority is broader than many importers realize. CBP can seize merchandise that is not even destined for the U.S. Goods that are simply passing through a U.S. port in transit are not exempt. Any merchandise entering U.S. territory must comply with applicable U.S. regulations, regardless of its final destination. If there is a compliance issue, CBP has the authority to act on it.  

Detention vs. Seizure: What’s the Difference? 

Before determining how to respond, it is important to know whether your merchandise has actually been seized. 

A detention generally means CBP is holding merchandise while it determines whether the goods are admissible or require further examination. Ownership of the merchandise has not been forfeited simply because it is detained. 

When a US Customs officer (CBPO) believes merchandise should be detained the CBPO has five days to decide whether to release or detain the goods. Should the CBPO decide to detain the goods, the CBPO is required to send to the importer or passenger a Notice of Detention, pursuant to 19 C.F.R. 151.16(c), no later than 5 business days after their decision to detain the goods, stating the: 

  • Date the merchandise was detained. 
  • Reason for the detention. 
  • Anticipated length of the detention. 
  • Nature of the tests or inquiries to be conducted. 
  • Nature of any information which, if supplied to US Customs, may accelerate the disposition of the detention.  

In practice, CBP does not always adhere to the prescribed timelines and procedural requirements governing detentions. 

A seizure is more serious. CBP has taken custody of the merchandise based on an alleged violation of law and may seek to have the property forfeited to the United States. 

If your goods have been seized, CBP will generally issue a written Notice of Seizure explaining the basis for the action and providing information about the procedures available to respond. For seizures involving certain Section 592 violations, for example, CBP regulations expressly require the Fines, Penalties, and Forfeitures (FP&F) Officer to promptly issue written notice. 

You Received a CBP Notice of Seizure. What Should You Do? 

Do not ignore it! 

The Notice of Seizure is one of the most important documents in the case. It should be reviewed carefully to determine: 

  • What merchandise CBP seized; 
  • The statutory or regulatory basis for the seizure; 
  • CBP’s stated value of the merchandise; 
  • The alleged violation; 
  • The seizure number; 
  • Which FP&F office is handling the matter; and 
  • The deadlines and options for responding. 

Importers should also begin preserving the underlying import and transaction records immediately. Depending on the allegation, relevant records may include purchase orders, commercial invoices, packing lists, bills of lading, entry documents, certificates of origin, product specifications, manufacturing records, correspondence with suppliers, payment records, licenses, permits, and intellectual property documentation. 

The appropriate response depends heavily on why CBP seized the goods. A seizure involving allegedly counterfeit merchandise presents very different factual and legal issues from one involving country of origin, undervaluation, or prohibited merchandise. 

Option 1: File a Petition for Remission or Mitigation 

One of the principal administrative options is filing a petition for remission or mitigation with CBP. 

Under 19 C.F.R. § 171.1, a person with an interest in seized property may petition CBP for relief from forfeiture. The petition is directed to the FP&F Officer identified in the notice. 

For a seizure, a petition generally must be filed within 30 days from the date CBP mails the Notice of Seizure, although CBP may grant extensions in appropriate circumstances. Importers should always follow the deadline stated in their particular notice because special circumstances can result in a shorter filing period. 

A strong petition should address the specific legal and factual basis for the seizure and provide documentation supporting the requested relief. 

Option 2: File a Claim and Cost Bond 

For property subject to non-judicial civil forfeiture proceedings, a claimant may elect to file a claim for the seized property instead of pursuing administrative relief. Filing a claim moves the forfeiture dispute toward federal court rather than asking CBP to exercise administrative discretion to remit or mitigate the forfeiture. 

Before the matter becomes a federal court case, there is a practical opportunity to advocate within CBP, with the Office of Chief Counsel (OCC). 

OCC is CBP’s legal office. Counsel can evaluate the government’s legal basis for the seizure and the issues raised by the claimant. This can create an opportunity for counsel for the importer to explain why the seizure should not proceed to judicial forfeiture. 

If CBP continues with the case, FP&F refers it to the U.S. Attorney’s Office for institution of judicial forfeiture proceedings.  At that point, an Assistant U.S. Attorney (AUSA) evaluates the government’s case. 

This creates the second practical advocacy opportunity. 

The importer/importer’s counsel can communicate with the AUSA and present the reasons the government should decline to pursue the forfeiture, resolve the matter, or otherwise return/release the property where appropriate. 

Under 19 C.F.R. § 162.94, the claim generally must be filed within 35 calendar days after the Notice of Seizure is mailed.  

Once a proper claim is filed, the government generally has 90 days to file an appropriate forfeiture complaint. 

Option 3: Offer in Compromise 

Prior to forfeiture, you may negotiate a settlement with CBP by submitting an Offer in Compromise. An OIC may be filed at any point during penalty proceedings and should be strategically timed and carefully drafted to avoid rejection on procedural grounds.  

Option 4: Abandonment 

If you have no claim or interest in the seized property, you may formally abandon it. The government may then proceed with forfeiture or address claims from other parties without further involvement from you.  

What Happens If You Do Nothing? 

Doing nothing can have serious consequences. 

If an importer fails to timely pursue available relief or contest forfeiture, CBP may proceed with administrative forfeiture when applicable or refer the matter for judicial forfeiture proceedings. 

Once property has been forfeited, it may ultimately be sold, destroyed, retained for official use, or otherwise disposed of according to applicable law. 

This is why importers should not treat a Notice of Seizure like ordinary correspondence from CBP. Deadlines begin running, and failing to respond can significantly limit your options. 

Five Things to Do Immediately If CBP Seizes Your Shipment 

  1. Read the entire Notice of Seizure. Identify exactly what CBP alleges and which laws it cites. 
  2. Calendar every deadline. Petition and claim deadlines can differ, and missing them can have significant consequences. 
  3. Preserve your records. Gather entry documents, invoices, purchase orders, transportation records, supplier communications, product information, and other evidence relevant to the alleged violation. 
  4. Investigate the underlying issue. Determine whether the problem is isolated to one shipment or could affect other entries. 
  5. Evaluate your response strategy before filing anything. A petition, claim, request for release, or other response can have different legal and strategic consequences. The facts should be reviewed before selecting a path. 

A CBP Seizure May Be a Warning Sign of a Larger Compliance Problem 

A seizure is an immediate problem because merchandise is being held by the government. But importers should also ask a broader question: 

Why did this happen? 

If the issue resulted from incorrect classification, valuation, origin, intellectual property, admissibility, or supplier information, similar issues may exist in previous or pending entries. 

That makes a seizure an important opportunity to conduct a broader compliance review. Identifying and addressing the underlying problem can help reduce the risk of additional seizures, penalties, duty exposure, or enforcement actions. 

Has CBP Seized Your Goods? 

If U.S. Customs and Border Protection has seized your merchandise, time matters. Importers should understand the basis for the seizure, preserve relevant evidence, identify applicable deadlines, and evaluate whether to seek administrative relief or contest the forfeiture. 

Diaz Trade Law assists importers with CBP seizures, petitions for remission and mitigation, customs penalties, detentions, forfeitures, and other import compliance and enforcement matters. 

If your goods have been seized by CBP, contact Diaz Trade Law to discuss your options and determine the appropriate next steps. info@diaztradelaw.com | 305-456-3830 

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