Understanding CBP Notices of Seizure:What Importers and Exporters Need to Know and What to Do Immediately

Receiving a Notice of Seizure from U.S. Customs and Border Protection (CBP) is a disruptive and time-sensitive event for any importer or exporter. Shipments may be detained indefinitely, funds tied up, customers left waiting, and reputational risk escalates quickly.

Most importers and exporters confronted with a CBP seizure ask the same urgent questions:

• Am I about to lose my shipment permanently?

• Did we violate U.S. import/export law?

• What should I do right now and what could make this worse?

A CBP seizure is serious, but it is not automatically final. The steps taken in the early stages — particularly within the first few days — can significantly affect whether goods are released, penalties are mitigated, or the matter escalates into forfeiture or further enforcement action. This article explains what a CBP Notice of Seizure means, how export and regulatory violations lead to seizures, why these notices are issued, and how importers and exporters can respond strategically to protect their assets and operations.

First 72 Hours After a CBP Notice of Seizure: Critical Steps for Importers and Exporters

When a Notice of Seizure is issued, the first 72 hours are critical. During this period, importers and exporters should resist the instinct to react hastily. Ignoring the notice, attempting to correct licensing or documentation issues retroactively, or providing informal explanations to CBP can unintentionally undermine later mitigation efforts.

CBP views early communications and actions as indicators of intent, compliance culture, and credibility. What may feel like a harmless clarification can later be treated as an admission. A measured, informed response at the outset preserves options and positions the importer or exporter for a more favorable resolution.

Why CBP Issues Seizure Notices and How Import and Export Violations Trigger Them

A CBP Notice of Seizure is a formal notice that merchandise exported, imported, or attempted to be exported has been seized for an alleged violation of U.S. law. While seizure does not automatically mean permanent forfeiture, it does trigger strict procedural deadlines and limited response options.

CBP enforces a wide range of federal statutes, often in coordination with other agencies. Many seizures arise not from intentional misconduct, but from the complexity of U.S. export and regulatory frameworks. Commonly implicated regimes include the Export Administration Regulations (EAR) administered by the Bureau of Industry and Security (BIS), U.S. Department of Agriculture – Animal and Plant Health Inspection Service (USDA APHIS) regulations governing agricultural and biological products, and Food and Drug Administration (FDA) requirements applicable to foods, supplements, drugs, and medical devices. While some regimes, such as the Export Administration Regulations (EAR), apply primarily to exports, others, including FDA and USDA APHIS requirements, frequently apply to both imports and exports.

In practice, CBP seizure notices most often stem from allegations such as exporting controlled items without the required BIS license, misclassifying goods under the Commerce Control List (CCL), shipping agricultural products without proper phytosanitary certification, or exporting FDA-regulated products that are misbranded, improperly documented, or non-compliant with regulatory standards. A single shipment can implicate multiple agencies simultaneously, increasing complexity and exposure.

Notably, CBP seizures frequently involve good-faith errors, especially among first-time importers, exporters or companies handling complex products or evolving regulations. While CBP does consider intent and compliance history, those factors only help if they are properly presented within the procedural framework.

How to Respond to a CBP Notice of Seizure: Deadlines and Mitigation Strategies

Most CBP Notices of Seizure impose a 30-day deadline to respond. Missing this deadline typically results in automatic forfeiture of the goods. The response options listed in the notice are not interchangeable, and the choice made at this stage often determines the outcome.

• A Petition for Mitigation is commonly used when importers and exporters can demonstrate good-faith errors, corrective actions, or a clean compliance history.

• An Offer in Compromise may be appropriate where penalties are likely but a negotiated resolution is preferable.

• Abandonment ends the matter quickly but permanently forfeits the goods and forecloses mitigation opportunities.

• Judicial review is available in limited circumstances, generally for higher-value or precedent-setting disputes.

Selecting the wrong response, or submitting an incomplete or inconsistent one, can eliminate otherwise viable paths to relief.

Nonetheless, even when violations are alleged, importers and exporters are not without leverage. CBP considers mitigating factors such as first-time violations, prior compliance history, voluntary disclosures, and documented corrective measures.

Proactive steps, including addressing licensing gaps, improving classification practices, and enhancing customer and end-user screening, can materially influence CBP’s decision-making. Mitigation is not automatic. It must be argued clearly, supported with documentation, and aligned with the chosen response strategy.

Seeking Legal Guidance After a CBP Seizure: Why Early Counsel Matters

CBP seizures often intersect with criminal investigations, regulatory audits, licensing disclosures, and downstream civil or administrative proceedings. Early coordination at the administrative seizure stage can reduce penalties, prevent escalation, and preserve defenses across related matters.

For professionals advising importers and exporters, timely and coordinated handling of CBP seizures is often decisive in shaping outcomes. Importers and exporters frequently underestimate how easily procedural missteps can increase exposure. Missed deadlines, inconsistent documentation, or poorly drafted petitions can undermine mitigation arguments and complicate related regulatory or enforcement matters.

Experienced counsel can assess response options, coordinate corrective actions without increasing risk, prepare mitigation petitions or Offers in Compromise, and communicate with CBP in a way that protects both immediate and long-term interests. If a seizure involves regulated goods, export licensing issues, or potential penalties exceeding the value of the shipment, early legal guidance can preserve options, reduce exposure, and help prevent escalation.

Frequently Asked Questions (FAQ):

• 1. What is a CBP Notice of Seizure?

  It is an official notice from U.S. Customs and Border Protection indicating that merchandise exported, imported, or attempted to be exported has been seized for an alleged violation of U.S. law. The notice explains the reason for seizure, identifies the goods, and provides instructions on response options and deadlines.

• 2. Does a seizure mean my shipment is permanently lost?

  No. A seizure initiates an enforcement process, but goods are not automatically forfeited. Filing a Petition for Mitigation, an Offer in Compromise, or pursuing judicial review can potentially recover goods or reduce penalties.

• 3. What actions can trigger a CBP seizure?

  Seizures commonly occur due to exporting controlled items without the required license, misclassifying goods under the Commerce Control List (CCL), shipping agricultural products without USDA documentation, or exporting FDA-regulated items that are misbranded, improperly documented, or non-compliant with regulations.

• 4. How quickly must I respond to a CBP seizure notice?

  Most seizure notices require a response within 30 days. Acting early, particularly within the first 72 hours, is critical for preserving legal and procedural options and maximizing the chance of mitigating penalties.

• 5. What are my formal response options?

  Response options include:

  • Petition for Mitigation – requests release or reduced penalties based on good-faith and corrective actions.

  • Offer in Compromise (OIC) –negotiates settlement of penalties.

  • Abandonment – voluntarily surrenders goods to CBP, ending the matter permanently.

  • Judicial Review – challenges the seizure in court in limited circumstances.

• 6. Can first-time violations influence CBP’s decision?New Item

  Yes. CBP considers mitigation factors such as first-time violations, prior compliance history, voluntary disclosure, and corrective measures. Proper documentation and timely action can positively affect outcomes.

• 7. Do I need legal counsel to handle a CBP seizure?

  While not legally required, experienced counsel is strongly recommended. They can guide response strategy, ensure deadlines are met, coordinate corrective measures, and communicate effectively with CBP to protect both immediate and long-term interests.

• 8. How can customs brokers or compliance professionals help?

  Brokers and trade compliance professionals can review shipment documentation, help identify potential violations, and coordinate with legal counsel on mitigation strategies. Early coordination among importers, exporters, brokers, and counsel often improves the likelihood of a favorable resolution.

  CBP seizure matters are time-sensitive and fact-specific. Importers and exporters facing a Notice of Seizure should consider obtaining experienced guidance early, particularly where regulated goods, licensing requirements, or significant penalties may be involved.