The Detroit Free Press reported on a case involving U.S. Customs seizing hundreds of prehistoric fossils at the Ambassador Bridge — and what ultimately happened to them after the importers failed to respond. The case offers a clear illustration of how a failure to declare imported goods leads to forfeiture, and what importers lose when they ignore CBP’s attempts to contact them after a seizure.
Here is the excerpt from the Free Press, with key details emphasized:
The fossils — whose origins and age are unknown — were seized in March 2011 after two Canadian men at the Ambassador Bridge claimed they were attending a fossil trade show in Illinois. A secondary inspection revealed several boxes containing more than 1,100 fossils that were for sale. They were seized because the unidentified men did not properly declare their goods. CBP said the agency tried to contact the men several times to reclaim the fossils and pay associated penalties, but they never got back in touch with Customs and Border Protection. The men were not criminally charged. “The bad part that happened with these individuals is they didn’t declare their intentions to us,” a CBP spokesman said, adding that the men would have had to go through the proper importing process.
What Went Wrong — and Why
The two Canadian men claimed they were attending a fossil trade show in Illinois. That representation — goods imported temporarily for exhibition rather than for sale — would have placed the fossils in a specific customs category with different entry requirements than commercial merchandise imported for resale. When secondary inspection revealed over 1,100 fossils that were for sale, the claimed purpose was contradicted by the actual facts. Whether the men made no declaration at all, or made a false declaration about the purpose of the import, the outcome was the same: CBP seized the fossils for failure to properly declare the goods.
The applicable statute is 19 U.S.C. § 1497, which subjects any article excluded from or falsely described in the importer’s declaration and entry — and not disclosed before baggage inspection begins — to forfeiture. Section 1497 also provides for a separate monetary penalty equal to the domestic value of the undeclared merchandise. That means the two men faced not just the loss of the fossils, but potential civil liability for an amount equal to whatever the fossils were worth — on top of the forfeiture itself.
The Declaration Requirement for Commercial Merchandise
The core issue here is the distinction between goods imported for personal use, goods imported temporarily for exhibition, and goods imported for commercial sale. CBP treats these categories very differently — different entry requirements, different duty treatment, different documentation. Merchandise imported for sale requires a formal commercial entry, proper valuation, applicable duty payment, and accurate description of the goods and their intended use.
Travelers and small commercial operators crossing into the United States with merchandise for sale frequently underestimate how strictly CBP enforces the declaration requirement for commercial goods. The “I’m just going to a trade show” explanation is one CBP has heard many times, and it triggers exactly the kind of secondary examination that happened here — a physical inspection of the goods to verify whether the declared purpose matches the actual facts.
When the facts do not match — when goods declared as exhibition samples turn out to be priced for sale, or when quantities far exceed what a personal traveler would carry — CBP’s response is seizure under § 1497 and potential assessment of a civil penalty equal to the domestic value of the undeclared merchandise. For 1,100 fossils, that penalty exposure could be substantial.
What Happened Because They Never Responded
This is the part of the story that should serve as a warning to anyone who has had merchandise seized by CBP. CBP tried to contact the men multiple times after the seizure — presumably issuing a Notice of Seizure and attempting to reach them about the forfeiture proceedings and the associated penalties. The men never responded. As a result, the administrative forfeiture was completed, the fossils became the property of the U.S. government, and CBP ultimately donated them to the University of Michigan.
The men lost more than 1,100 fossils — permanently — without ever getting a chance to contest the forfeiture or petition for return of the merchandise. Whatever the merchandise was worth, whatever legitimate business purpose they may have had, whatever explanation they might have offered — all of it became irrelevant the moment the forfeiture was perfected through their non-response.
There is probably a reason they never responded. Perhaps they could not prove the fossils were legitimately acquired. Perhaps they were concerned about legal exposure from the false declaration. Perhaps they simply did not understand the process. Whatever the reason, the outcome illustrates the cost of inaction after a seizure in the starkest possible terms: the government kept everything.
CBP’s Authority to Donate Seized Property
CBP does have authority to donate seized property in certain circumstances once forfeiture is complete. The fossils going to the University of Michigan is one example. CBP has separately donated millions of dollars worth of seized property to charities and educational institutions — a practice that underscores the permanence of forfeiture. Once the forfeiture is complete and the property is disposed of, there is no mechanism to recover it.
This is why the response deadlines in CBP seizure cases are not suggestions. The CAFRA Notice of Seizure starts a 30-day clock. Missing that deadline closes off the administrative options. Ignoring the notice entirely, as these men did, results in completed forfeiture — and then whatever CBP decides to do with the property is entirely their decision.
If CBP Has Seized Your Merchandise
Whether it is fossils, commercial goods, currency, or any other property, the process after a seizure is the same: respond to the Notice of Seizure within the applicable deadline, present your case through a petition for remission or mitigation, and demonstrate the legitimate purpose of the import. If a civil penalty has been assessed under 19 U.S.C. § 1497 or any other customs statute, that too can often be reduced through the petition process. What you cannot do is ignore it and expect a favorable outcome.
Great Lakes Customs Law handles customs seizure and penalty cases nationwide. Call us at (734) 855-4999, send a text message, or reach us on WhatsApp. You can also contact us online.