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4 things to pay attention to on a notice of seizure letter

On Behalf of | Feb 19, 2025 | International Trade Litigation

When your goods are seized by Customs and Border Protection (CBP), the officer who seizes them will forward the case to the appropriate supervisor to be approved. The supervisor will refer the case to the Fines, Penalties and Forfeitures (FP&F) Office. An FP& F officer will then send you a notice of seizure letter.

You need to carefully read the whole letter but pay close attention to the following:

1. The seized items

Typically, CBP will include the type of goods, quantity and identifying numbers of the seized goods. Brand names are also included when applicable, for instance, Louis Vuitton-marked sweatshirts or Burberry-marked belt samples.

2. Location of seizure

From the letter you receive, you can tell the port at which your goods were seized. 

3. Alleged basis for seizure

The notice of seizure letter you receive will include the alleged basis for the seizure. CBP will state a law that the goods violate. For example, you may be informed that your goods violated 19 USC 1526(e), which prohibits merchandise bearing counterfeit marks from entering the country. If your goods are alleged to have violated several laws, they will all be listed in the letter.

4. Your options

The letter will inform you of what you need to do. You may file a claim within 30 days of receiving the notice. You may also offer a compromise, which entails proposing a settlement.  This option is mostly used by people who believe they have a legitimate claim to the goods but would like to solve the matter without going to court. Other options include immediately initiating legal action or abandoning the goods. 

A notice of seizure is usually mailed to people with a legal interest in seized goods via mail and published on forfeiture.gov. If you receive this notice, consider legal guidance to determine your best option. 

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