CBP Seizure Notice? Here’s How to Respond, File a Petition, or Contest It in Court.

Few events unsettle importers and exporters more than receiving a Notice of Seizure from U.S. Customs and Border Protection (CBP). A single seizure can halt shipments, freeze revenue, and trigger penalties or forfeiture proceedings. Yet, behind every seizure lies a system governed by statutory rules, administrative discretion, and legal remedies that, when properly understood, can offer a path to recovery.

This article takes a closer look at how CBP seizures occur, why they happen, and what options businesses have to challenge them.

What Is a CBP Seizure and Why Does It Happen?

A CBP seizure occurs when the agency takes legal custody of imported or exported merchandise suspected of violating customs laws. This might involve undervaluation, misclassification, intellectual property (IP) infringement, or the importation of prohibited goods. This legal action can lead to forfeiture, meaning your shipment may be permanently taken by the government unless you act quickly.

Seizures happen for many reasons, including intellectual property violations, misdeclared values, or import restrictions. These common triggers underscore the need for accurate product classification, valuation, and IP due diligence to avoid seizures and associated costs. But CBP enforcement isn’t limited to electronics or counterfeit goods—a wide range of items can be seized, such as:

• Wood packaging materials that fail to meet ISPM-15 treatment standards

• Agricultural goods like fresh vegetables, fruits, coffee, or tea without required phytosanitary certificates

• Medical supplies and pharmaceuticals that lack FDA approval or violate import documentation rules

• Textiles and apparel with misdeclared origin or tariff classification

• Electronics and consumer products infringing trademarks or patents

For example, in 2023 CBP detained several containers of imported wooden pallets due to untreated bark and pest contamination, an environmental and trade compliance issue. In another case, a food importer lost a shipment of green coffee beans because proper agricultural documentation wasn’t submitted before arrival. Both cases illustrate how easily even legitimate businesses can face seizure when paperwork or certifications are incomplete.

Once a shipment is seized, the importer or exporter loses physical control of the goods. The matter then enters CBP’s Fines, Penalties, and Forfeitures (FP&F) process—a specialized administrative channel that determines whether the goods will be forfeited, released, or mitigated.

Beyond the immediate loss of merchandise, companies can face:

• Storage fees for goods held in custody

• Administrative penalties tied to valuation or documentation errors

• Delays or cancellation of supply contracts

At this point, timing becomes critical. CBP can pursue seizures through either administrative or judicial channels. You generally afforded have two separate response paths and deadlines:

1. Petition for Remission or Mitigation: Must be filed within 30 days of the date of the notice. This administrative remedy asks CBP to return your goods or reduce penalties based on good faith or mitigating factors.

2. Judicial Claim (35-Day Deadline): If you want to contest the seizure in federal court instead of the administrative process, you must file a formal claim within 35 days of the notice’s mailing date (19 CFR § 162.45a). This triggers referral of the case to the U.S. Attorney’s Office for judicial forfeiture proceedings.

Missing both deadlines may result in automatic administrative forfeiture. Filing only a claim (without a petition) moves the case directly to court, while filing only a petition keeps it in CBP’s administrative system.

Petitioning for Relief: What It Means

Under 19 U.S.C. § 1618, importers can file a Petition for Remission or Mitigation—a written request asking CBP to return seized goods or reduce penalties. Successful petitions typically demonstrate that the violation was unintentional, based on misunderstanding, or that there are strong mitigating factors.

Petitions are submitted via CBP Form 4609 and supported by evidence such as:

• Purchase invoices and bills of lading

• Classification rulings confirming HTS codes

• Proof of IP authorization (licenses, agreements)

• Affidavits showing good-faith conduct

Well-documented petitions can lead to full remission or a partial reduction of penalties. CBP generally issues a decision within a few months, though timelines vary. However, not every case warrants a full petition. In some situations, importers may pursue an Offer in Compromise, negotiating a settlement for less than the assessed penalty. This approach can resolve matters faster and preserve relationships with CBP, though the goods are not returned. Conversely, voluntary abandonment might make sense if the goods have little remaining value, are perishable, or would cost more to recover than to replace.

On the other hand, If you prefer not to pursue administrative relief, you can file a claim to bring the matter before a U.S. District Court. The claim must be written, signed under oath, and filed within 35 days of the notice. A cost bond (typically 10% of the goods’ value) may be required. Once filed, CBP refers the matter to the Department of Justice, and the case proceeds as a civil forfeiture action.

Avoiding Future Seizures: Compliance as Strategy

CBP seizures can happen to any importer, from a global distributor to a small coffee roaster. Understanding both the 30-day petition and 35-day claim deadlines is essential to preserving your rights. Whether your goods involve wood packaging, food, or medical supplies, prompt and documented action can make the difference between total forfeiture and successful recovery. Preventing seizures is far less costly than contesting them. Strong compliance programs include:

• Regular classification and valuation audits

• Trademark and patent clearance before importing branded goods

• Training for logistics and procurement staff on CBP rules

• Centralized record-keeping for all import documentation

• Periodic review of CBP rulings and Federal Register updates

Companies that invest in proactive trade compliance not only avoid enforcement but also gain smoother customs clearance and reduced inspection rates.

• What Are the Most Frequently Asked Questions About Challenging CBP Seizures?

  Challenging a CBP seizure often raises concerns about response steps, timelines, appeal rights, and next-phase actions. Below, you will find concise guidance on the core issues every importer and exporter needs to know.

• How Do I Respond to a US Customs Seizure Notice?

  Upon receiving a seizure notice, you must review the legal basis, identify critical deadlines, and choose between filing a Petition for Remission or Mitigation, negotiating an Offer in Compromise, or pursuing court action. Prompt assembly of supporting documents—classification rulings, valuation evidence, and IP licenses—is essential to maximize relief chances.

• What Happens After CBP Seizes Property?

  Once CBP seizes goods, the FP&F office initiates administrative proceedings. You will receive a formal notice, have 30 days to petition, and may be asked for additional evidence. If no administrative relief is granted, retained property stays in CBP custody until judicial action or forfeiture finalization.

• Can You Appeal a Customs Seizure Decision?

  Yes. After administrative denial, you can file a supplemental petition within 30 days or commence judicial review in U.S. district court under federal forfeiture statutes. Each route demands adherence to strict procedural rules and timely filings.