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Summary: When CBP seizes imported goods at the border, importers have several options — including filing a Petition, submitting an Offer in Compromise, or pursuing court action. This article explains the difference between detention and seizure, outlines the steps importers should take immediately after receiving a CBP Seizure Notice, and describes how a customs attorney can help recover seized merchandise and prevent future seizure.
Importers expect the import process to run smoothly, but when a product is not compliant with U.S. laws and regulations, CBP is authorized under 19 CFR Part 162 and 19 CFR Part 151 to detain or seize goods upon importation.
When goods arrive at a U.S. port of entry, CBP has the authority to detain a shipment if there is a question about its admissibility or compliance with U.S. laws and regulations. Detention is not the same as seizure. It is a temporary hold that gives CBP time to review the shipment and allows the importer to respond. During this window, a customs attorney can communicate directly with CBP on your behalf, provide the documentation or legal arguments needed to resolve the issue, and work to get your goods released before the situation escalates.
If you do not respond effectively, CBP may move forward with a formal seizure. At that point, the process becomes significantly more complex, time-consuming, and more costly to resolve. What could have been addressed in days during the detention phase may take several months or longer once a seizure has occurred.
It is also worth noting that 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.
What Are My Options?
If your merchandise has been seized, you have several options. Selecting the right path requires a careful evaluation of the facts and circumstances of your case. The options available to you are as follows:
Petition: You may file a petition with CBP within 30 days of the Seizure Notice. A petition should be prepared by a customs attorney and carefully drafted to present all relevant facts and legal arguments on your behalf.
Offer in Compromise (OIC): 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.
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.
Court Action: You may request referral of the matter to the U.S. Attorney for judicial forfeiture proceedings. This option is available if you do not intend to file a Petition or Offer in Compromise and do not wish to post the value of the merchandise to obtain its release.
Why Is It Important to Retain a Customs Attorney?
The seizure process is complex and time-sensitive. A customs attorney with experience in CBP proceedings brings the procedural knowledge and strategic insight necessary to navigate the process effectively.
When possible, retaining counsel during the detention phase (before a formal seizure) is strongly advised. Resolving a matter at the detention stage is typically faster and more cost-effective than recovering goods after seizure, which can take several months to over a year.
Diaz Trade Law has extensive experience handling CBP seizure cases and advising importers on the policies, procedures, and practices of CBP. In addition to assisting with active seizure cases, Diaz Trade Law provides pre-compliance counseling to help importers ensure their merchandise meets all applicable laws and regulations before entry into the U.S.
How Do I Protect My Goods from Future Seizure?
The most important step following a seizure is to assess what went wrong and implement a compliance program to prevent it from happening again. Pre-compliance review ensures that imported merchandise meets all applicable laws and regulations prior to importation, reducing the risk of detention or seizure at the border.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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