CUSTOMS ENFORCEMENT | 2026-09-30

CBP Demands Your Goods Back: Redelivery and Marking Notices (Form 4647)

After merchandise is released, Customs can still order the importer to bring it back — or to properly mark it — through a redelivery notice. Missing the deadline can trigger liquidated damages under the import bond.

Getting merchandise released from Customs is not always the end of the story. Even after goods have entered commerce, U.S. Customs and Border Protection (CBP) can issue a <strong>demand for redelivery</strong> — an order requiring the importer to return the goods to CBP custody — or a <strong>markin

A redelivery notice can arrive weeks after goods were released, demanding their return.

What a Redelivery Notice Is

When CBP releases merchandise, it does so conditionally. If CBP later determines that the goods are inadmissible, were not properly marked, fail to comply with a law or regulation, or otherwise should not have entered commerce, it can issue a demand for redelivery under 19 CFR 141.113, requiring the importer to return the goods to CBP custody. The regulation gives CBP the authority to recall conditionally released merchandise within specified time limits after release or after the issue is discovered.

Marking Notices and 19 U.S.C. 1304

A common trigger is country-of-origin marking. Under 19 U.S.C. 1304, most imported articles must be legibly and permanently marked with their country of origin. If merchandise arrives improperly marked or unmarked, CBP may issue a notice requiring the importer to mark the goods (often under CBP supervision) or to redeliver them. Failure to properly mark can also result in marking duties — an additional duty equal to a percentage of the value of the improperly marked articles.

CBP Form 4647

CBP Form 4647, the Notice to Mark and/or Notice to Redeliver, is the document CBP commonly uses to communicate these demands. It identifies the merchandise, states the deficiency (for example, improper marking or an admissibility problem), and specifies what the importer must do — mark the goods, redeliver them, or both — along with the applicable deadline. Receiving a Form 4647 should be treated as time-sensitive.

Deadlines Matter

Redelivery demands are subject to time limits. Generally, CBP must make a demand for redelivery within a defined period tied to the release of the merchandise or the conclusion of the relevant examination, and the importer is given a specific window to comply once the demand is issued. Because both the government’s authority to demand and the importer’s time to respond are bounded, the timing of the notice can itself be a basis to challenge an untimely demand — and missing the compliance window can be costly.

Liquidated Damages Under the Import Bond

The teeth behind a redelivery demand come from the customs bond. The importer’s basic importation bond contains a condition to redeliver merchandise on CBP’s timely demand. If the importer fails to redeliver (for example, because the goods have already been sold and dispersed), CBP can assess liquidated damages under the bond — frequently measured by reference to the value of the merchandise (and potentially duties), up to the limits set by the bond conditions. These assessments can be substantial.

Responding to a Notice

An importer that receives a redelivery or marking notice generally has several avenues:

  • Comply — mark the goods as required (often under CBP supervision) and/or redeliver the merchandise within the deadline.
  • Evaluate the demand — assess whether the notice was timely and properly issued, and whether the underlying deficiency is correct.
  • Petition for relief — if liquidated damages are assessed for failure to redeliver, file a petition for mitigation presenting the facts and any mitigating circumstances, seeking a reduction of the amount.

Prompt, documented action is the best protection against escalating exposure.

Why It Matters for California Importers

For importers moving goods through California’s ports, a redelivery or marking notice is a serious post-entry event that can arise from something as routine as inadequate country-of-origin labeling. Understanding the basis for the demand, meeting the deadline, and — where damages are assessed — pursuing mitigation can mean the difference between a manageable correction and a significant financial hit.

Frequently Asked Questions

What is a CBP redelivery notice?

A demand under 19 CFR 141.113 requiring an importer to return conditionally released merchandise to CBP custody, often because of an admissibility or marking problem.

What is CBP Form 4647?

The Notice to Mark and/or Notice to Redeliver — the form CBP commonly uses to demand marking, redelivery, or both, with a deadline.

Why do marking issues trigger these notices?

Because 19 U.S.C. 1304 requires most imports to be marked with their country of origin; improper marking can lead to a demand to mark or redeliver, plus marking duties.

What happens if I cannot redeliver the goods?

CBP can assess liquidated damages under your customs bond for failure to redeliver, often measured by the value of the merchandise up to the bond limits.

Are there deadlines?

Yes — CBP’s demand must be timely, and the importer has a defined window to comply; timing can be a basis to challenge an untimely demand.

Can liquidated damages be reduced?

Yes — an importer can file a petition for mitigation presenting the facts and mitigating circumstances to seek a reduction.

Related Customs & Trade Guides

Talk to a Customs Attorney About a Redelivery Notice

If CBP has demanded that you mark or redeliver your goods, the deadline and your bond are on the line. Trembach Law Firm advises California importers on redelivery notices and mitigation. Call (818) 514-7680.

Contact Trembach Law Firm at (818) 514-7680 for a confidential consultation.

Trembach Law Firm | 27001 Agoura Road, Suite 350, Calabasas, CA 91301