Question 1

What is the difference between a CBP detention and a seizure?

Accepted Answer

A detention is CBP holding your goods temporarily while it decides admissibility — by law CBP generally must make a decision within 5 days of presentation (plus limited extensions), or the goods are deemed excluded. A seizure is CBP formally taking custody of goods it believes are subject to forfeiture (for fraud, prohibited merchandise, IP violations, forced labor, or other violations). A seizure triggers a CAFRA notice and strict response deadlines, so the legal posture and remedies differ significantly.

Question 2

I received a Notice of Seizure from CBP — what are my options and deadlines?

Accepted Answer

A seizure notice typically gives you about 30 days to choose a path on the election-of-proceedings form: (1) file a petition for remission or mitigation under 19 U.S.C. § 1618 asking CBP to remit or mitigate; (2) make an offer in compromise under 19 U.S.C. § 1617; (3) abandon the goods; or (4) file a seized-asset claim to force judicial forfeiture before a federal judge. For customs-law (Title 19) seizures the claim is filed under 19 U.S.C. § 1608 with a cost bond ($5,000 or 10% of the property's value, whichever is lower); for CAFRA-covered seizures no bond is required (18 U.S.C. § 983(a)(2)(E)). Each route has different risks and timelines — choosing wrong, or missing the deadline, can forfeit your goods and your defenses.

Question 3

Why does CBP seize imports in California and at U.S. ports?

Accepted Answer

Common grounds include intellectual-property violations (counterfeit trademarks/copyrights), Uyghur Forced Labor Prevention Act (UFLPA) forced-labor findings, undervaluation or false statements (19 U.S.C. § 1592), misclassification and origin fraud, antidumping/countervailing (AD/CVD) duty evasion (including transshipment), restricted or prohibited merchandise (FDA, USDA, EPA, DOT, FWS), and undeclared currency or contraband. The grounds determine both the defense strategy and whether penalties will follow.

Question 4

What are CBP customs penalties under 19 U.S.C. § 1592, and how are they calculated?

Accepted Answer

Section 1592 penalizes material false statements or omissions in entries. Penalty exposure scales with culpability: for negligence, up to 2x the lost duties (or 20% of dutiable value if no revenue loss); for gross negligence, up to 4x; and for fraud, up to the full domestic value of the merchandise. CBP issues a pre-penalty notice, then a penalty notice, and you can submit petitions at each stage. The culpability finding is often the whole ballgame — and is heavily fact-driven.

Question 5

What is a prior disclosure, and can it reduce penalties?

Accepted Answer

A prior disclosure (19 U.S.C. § 1592(c)(4)) is a voluntary disclosure to CBP of a violation before, or without knowledge of, a formal investigation. A valid prior disclosure dramatically caps penalties — generally to the interest on lost duties for negligence/gross negligence, and to a multiple of lost duties (rather than domestic value) for fraud — provided you tender the unpaid duties. Timing and completeness are critical; we help structure disclosures so they actually qualify.

Question 6

Can I get my seized goods released while the case is pending?

Accepted Answer

Sometimes. Depending on the grounds, CBP may release goods on payment of a bond (substituting a bond for the merchandise), allow exportation or destruction, or release after the admissibility issue is cured (for example, remediating a marking or labeling defect). Perishable and time-sensitive cargo may warrant expedited handling. We push for the fastest lawful release path while preserving your defenses.

Question 7

How long do I have to challenge a customs penalty or seizure, and what if CBP denies my petition?

Accepted Answer

Deadlines are short and strict — typically about 30 days from a seizure notice and 30-60 days at penalty stages, with some extensions. If CBP denies relief or demands more than is fair, you can escalate: supplemental petitions, an offer in compromise, or litigation at the U.S. Court of International Trade (for § 1592 penalty actions the government brings) or the federal district court (for judicial forfeiture). Acting before the deadline preserves every option.

Question 8

Do I need a lawyer in the port city where my goods were seized?

Accepted Answer

No. Customs seizures and penalties are federal matters handled before CBP and the U.S. Court of International Trade, not state courts, so an attorney admitted to the CIT can represent you regardless of which U.S. port seized the goods. We handle seizures and penalty cases at California ports and at major U.S. ports nationwide.

Question 9

Can CBP seize my goods over an antidumping or countervailing duty (AD/CVD) evasion allegation?

Accepted Answer

Yes. Through the Enforce and Protect Act (EAPA), CBP investigates allegations that importers evaded antidumping or countervailing duties — often by transshipment through a third country or by misdescribing the merchandise. CBP can suspend liquidation, impose interim measures, demand cash deposits, detain or seize goods, and assess penalties. EAPA proceedings move quickly and give limited access to the evidence, so importers facing an evasion allegation should involve counsel immediately to respond, rebut, and preserve the right to administrative and judicial review.

Question 10

What is 19 U.S.C. § 1595a, and how is it different from a § 1592 penalty?

Accepted Answer

Section 1595a is the seizure and forfeiture statute: merchandise "introduced or attempted to be introduced into the United States contrary to law" is subject to seizure and forfeiture under § 1595a(c), and the conveyances used to transport it can be reached under § 1595a(a). It is the basis for most CBP seizures — counterfeit goods, prohibited or restricted merchandise, marking violations, and smuggling. Section 1592, by contrast, is primarily a monetary-penalty statute aimed at material false statements or omissions in entry documents. In practice they travel together: § 1595a takes the goods, § 1592 takes a penalty measured by culpability — and the defense strategy has to address both.

Question 11

After I file a seized-asset claim, how long does the government have to act?

Accepted Answer

For CAFRA-covered seizures, once you file a valid claim the government has 90 days to file a judicial forfeiture complaint (or obtain an indictment alleging forfeiture) — if it does neither, 18 U.S.C. § 983(a)(3) requires it to promptly release the property and bars further civil forfeiture of it. For customs-law (Title 19) seizures — which 18 U.S.C. § 983(i) excludes from CAFRA — the § 1608 claim and cost bond compel CBP to refer the case to the U.S. Attorney for judicial forfeiture, and the government must generally commence any penalty or forfeiture action within the 5-year limitations period of 19 U.S.C. § 1621. Which track you are on depends on the seizure authority cited in your notice — one of the first things we pin down.

Question 12

What happens to my cargo during a UFLPA forced-labor detention, and how do I get it released?

Accepted Answer

Under the Uyghur Forced Labor Prevention Act, CBP applies a rebuttable presumption that goods with links to the Xinjiang region are made with forced labor and are inadmissible. To win release, you must provide clear and convincing evidence tracing the full supply chain — purchase orders, production records, transportation documents, and proof of the raw-material source. We help importers assemble UFLPA applicability-review and admissibility packages, meet CBP's deadlines, and challenge improper detentions that hold up legitimate cargo.

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