When U.S. Customs and Border Protection (CBP) seizes your products, your business can grind to a halt. CBP may confiscate shipments they suspect violate laws, contain counterfeit products or lack proper documentation. While this may simply be a misunderstanding, it can still cause significant delays and financial losses.
These seizures can challenge even seasoned business owners. However, knowing your rights can help you navigate this complex situation more effectively.
Right to receive notice
When CBP seizes your goods, they must send you a written notice. They must send this “notice of seizure” to all known interested parties as soon as possible but no later than 60 calendar days after the seizure. It should include details about:
- Why they took your goods
- What they seized
- How you can respond
- Your right to ask for relief
In some cases, such as when the seized goods are worth $500,000 or less, CBP also has to publicly announce the seizure by publishing a notice for three weeks. Take note that CBP can extend the 60-day period in certain situations, such as if sending the notice might endanger someone’s safety or interfere with an ongoing investigation.
Right to file a petition
One of your most important rights is the ability to challenge the seizure by filing a petition. This is your opportunity to present your case and potentially have your goods released. You have around 30 days from the date the CBP mailed the seizure notice to file it. This allows you to:
- Contest the grounds for seizure
- Provide evidence supporting your case
- Request the release of your goods
- Ask for mitigation of any penalties
Even if you believe a violation occurred, you can still file a petition explaining any mitigating circumstances that might lead to a more favorable outcome. Depending on the situation, you may also have the right to make an “offer in compromise.” This allows you to propose a settlement to resolve the case, typically by offering to pay a certain amount to have your goods released.
Customs seizures can impact your bottom line
Consider consulting with an attorney who can help you understand your rights and guide you through your options.