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One of the most harrowing experiences for any importer is receiving a seizure notice from United States Customs and Border Protection (“CBP”) advising the importer that CBP seeks to seize that importer’s merchandise.  While the receipt of a seizure notice is a significant event for any importer, importers do have the right to argue against the seizure and seek the release of the merchandise into the United States. 

A petition for relief from the seizure needs to be filed with CBP, specifically the Fines, Penalties and Forfeiture Office at the port where the contemplated seizure takes place, within 30 days from date the seizure notice is mailed.  An experienced customs attorney will be able to best prepare such a petition and make the arguments necessary for release of the merchandise. 

In cases where inherently dangerous merchandise or drugs are not involved, importers may also seek the re-exportation of the merchandise from the United States.  While the importer may forfeit its short-term sales revenue by choosing this option, it will preserve the purchase value of the merchandise since it will not be destroyed under CBP supervision.

A seizure is one of the most serious events that can occur when importing merchandise into the United States and, aside from having the merchandise seized and destroyed, an importer does face the prospect of additional penalties being issued by CBP. 

If you have received a seizure notice, or been informed by CBP that merchandise you’re attempting to import is subject to seizure, then you should contact an experienced customs attorney as soon as possible.  An experienced attorney will be able to walk you through the seizure process and advise you of all your options, which can often be confusing.

Howard A. Bender, Esq. has many years of experience in assisting importers with seizure issues and can provide you with a free consultation to help explain your options should you face the prospect of a seizure.