Seized Cargo: What Comes Next?

Date of Publication: April 26, 2021

When cargo is seized by the United States Customs and Border Protection (CBP), getting back the cargo can be a difficult experience for the importer. Here is what to know about what happens when cargo gets seized—and the next steps importers should take if their cargo is seized.

Why Does CBP Seize Cargo?

CBP routinely seizes cargo for many reasons, including for inspections for products like:

  • Illegal drugs
  • Food, medicine, or medical devices not approved by the Food and Drug Administration (FDA)
  • Illegal merchandise, such products of convicted labor or cultural artifacts
  • Merchandise from countries with which the United States has an embargo
  • Other contraband material

Cargo may also be seized if it violates a Customs law, like an issue with the country of origin marking or copyright protection.

What Happens to Seized Cargo?

When cargo is seized, it is taken to a centralized examination station, or CSE. At the CSE, the cargo is separated and examined by CBP officers, who have 35 days from the date of the arrival of the cargo in the United States to detain and examine the cargo. During the 35-day period, they notify the importer or their customs broker about the seizure with a seizure notice. The seizure notice includes:

  • The alleged violation
  • The identity of each entry
  • The contemplated fine
  • The total loss of revenue, if applicable

Filing a Petition

Once the importer receives the seizure notice, they have 30 days to file a petition to ask CBP to release the seized cargo. The petition is the importer’s opportunity to show that the violation did not occur, or their reasons for why the cargo should be released.

 If CPB accepts the importer’s petition, the seized cargo will be released.

Avoiding a Cargo Seizure

To avoid the challenges of a cargo seizure, always be sure that all imported merchandise complies with any laws or regulations, including regulations that pertain to specific products.

This content is intended for informational purposes. Due to the generality of this content, the provided information may not be applicable in all situations. We encourage the reader to review the most up-date-regulations directly with the U.S. government’s sources on cargo seizures, which can be found here.

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