US Customs Detention of Merchandise

When CBP holds your shipment at the border, the first question to answer is whether your goods have been detained or seized — because these are legally distinct statuses under U.S. customs law, and they carry different rights, different timelines, and different response strategies. Understanding where you are in the process is the starting point for getting your merchandise released as quickly as possible.

Detention, Seizure, and Forfeiture: What Is the Difference?

These three terms are often used interchangeably by importers, but they describe distinct stages in CBP’s enforcement process:

• Detention is a temporary hold while CBP conducts an examination or investigation. The merchandise has not been formally excluded or seized — CBP is still deciding what to do with it. Detention is governed by 19 USC 1499.
• Seizure is a formal enforcement action in which CBP takes custody of merchandise it believes is subject to forfeiture. A seizure triggers a separate set of rights and response procedures, including the right to file a petition for remission or mitigation with the Fines, Penalties & Forfeitures office.
• Forfeiture is the legal process by which title to seized merchandise transfers to the U.S. government. Forfeiture can be administrative or judicial, and it is the outcome CBP is working toward when a seizure is not successfully contested.

This page focuses on detention — the phase before a formal seizure decision is made. If your goods have already been formally seized, the procedures and timelines that apply are different. See our penalty defense and seizure pages for information on responding to a notice of seizure.

What Is a Customs Detention?

Under 19 USC 1499, merchandise presented to CBP for examination is considered detained if CBP has not made a release or exclusion decision within 5 business days of the date the goods were presented. At that point, the goods are formally in detention status and specific legal rights attach.

Detentions are common and can arise for a wide range of reasons, including:

• Suspected trademark or copyright infringement (counterfeit or gray market goods)
• Questions about country of origin or admissibility under AD/CVD orders
• Missing or deficient documentation (commercial invoice, packing list, permits, certificates)
• Regulated wood packaging material (WPM) compliance issues
• FDA, USDA, EPA, or other partner agency holds requiring clearance from outside CBP
• Customs examination selected by the Automated Targeting System (ATS) or a specific enforcement initiative
• Suspected undervaluation, misclassification, or other entry irregularities

Your Rights During a Detention

Once goods have been detained, CBP is legally required under 19 USC 1499(c)(2) to issue a written notice of detention. In practice, this notice is often delayed or incomplete, but the statutory requirement is clear. The notice is supposed to include:

• The initiation of the detention
• The specific reason for the detention
• The anticipated length of the detention
• The nature of any tests or inquiries being conducted
• What information, if provided by the importer, could accelerate resolution

You also have the right, upon request, to receive copies of any testing conducted by CBP on your merchandise, along with a description of the testing procedures and methodologies used. 19 USC 1499(c)(3). This is an important and underutilized right — particularly in intellectual property and product safety detention cases where the basis for detention may be contested.

How Long Can CBP Detain Merchandise?

The outer deadline for a detention is 30 days from the date the merchandise was first presented to CBP. If CBP has not made a decision to admit or exclude the goods within that window, the merchandise is deemed excluded by operation of law under 19 USC 1499(c)(5).

A deemed exclusion is not the end of the road — it is actually the trigger for the next phase of your legal options. Once goods are deemed excluded, the importer can:

• Export the merchandise to a foreign country at the importer’s expense
• File an administrative protest under 19 USC 1514 challenging the exclusion decision
• Seek judicial review at the Court of International Trade if the protest is denied or deemed denied after 30 days without a decision

The protest pathway is significant. A well-prepared protest that addresses the legal and factual basis for the detention can reverse an exclusion and compel release of the merchandise. If CBP fails to act on the protest within 30 days, it is deemed denied and the importer has a right of action before the Court of International Trade — giving the federal courts jurisdiction to review CBP’s decision.

What Happens Most Often After a Detention?

In most cases, detention resolves one of four ways before the 30-day deemed exclusion deadline is reached:

1. Release. CBP completes its examination and determines the goods are admissible. This is the best outcome and happens frequently when the importer responds promptly with the documentation CBP is looking for.
2. Seizure. CBP determines the goods are subject to forfeiture and issues a formal notice of seizure. The importer then has rights under the seizure and forfeiture process, including the right to petition FP&F.
3. Exclusion. CBP formally excludes the merchandise and issues a written notice. The importer can protest this decision.
4. Conditional release. In some cases, particularly involving intellectual property detentions, CBP may offer to release the goods if the importer posts a bond or provides documentation satisfactory to the trademark or copyright holder.

What You Should Do When Merchandise Is Detained

The 30-day detention window moves quickly, especially when partner government agencies are involved. The most important steps to take immediately are:

• Find out why. Contact your customs broker and request a copy of any CBP hold notice. If CBP has not issued one, request it in writing. Understanding the specific reason for the detention determines your response strategy.
• Gather documentation. Depending on the basis for detention, CBP may be looking for certificates of origin, trademark authorization letters, test reports, import permits, or other documentation. Providing this promptly can resolve the detention before it escalates.
• Request test results. If CBP has tested your merchandise, you have the right to those results. Reviewing them may reveal a basis to challenge CBP’s findings.
• Do not wait passively. Importers who wait for CBP to take the next step often find that the next step is a seizure notice or a deemed exclusion. Proactive engagement — through your attorney or broker — can accelerate release and preserve your options.

Merchandise Detained by CBP? We Can Help.

Great Lakes Customs Law represents importers at every stage of the detention and exclusion process — from responding to an initial hold notice through protest filings and Court of International Trade proceedings. Attorney Jason Wapiennik has handled detention and seizure matters at ports nationwide and understands how to engage CBP’s Fines, Penalties & Forfeitures office effectively to protect your merchandise and your business.

Call us at (734) 855-4999 or contact us online for a free case review.