Importations & Exportations Contrary to Law — Seizure Defense Under 19 USC § 1595a
Section 1595a of Title 19 is CBP’s broadest seizure and penalty authority. It functions as an umbrella statute — allowing CBP to seize merchandise and assess monetary penalties for violations of dozens of federal laws, including laws enforced not by CBP itself but by the FDA, USDA, EPA, CPSC, OFAC, ATF, and the Department of State. A notice of seizure citing 19 USC § 1595a can arise from an enormous range of situations — many of them innocent.
Great Lakes Customs Law represents importers, exporters, and businesses facing seizures, forfeitures, and monetary penalties under 19 USC § 1595a. Whether the underlying violation involves FDA-regulated products, health and safety requirements, OFAC sanctions, intellectual property, country of origin marking, or export licensing, we evaluate the seizure, identify every available defense, and prepare petitions that give clients the best possible chance of recovering their merchandise.
Under 19 USC § 1595a(b), CBP can assess a monetary penalty equal to the value of the merchandise against any person who directed, assisted financially, or was in any way concerned in an unlawful importation — regardless of whether the merchandise was seized or returned. A seizure notice and a separate penalty notice are two different enforcement actions, each with its own deadlines and response procedures.
On This Page
- How § 1595a Works — Seizure, Penalty, or Both
- Mandatory vs. Discretionary Seizures
- Discretionary Seizure Categories
- An Important Limitation — Classification and Valuation Disputes
- Exportations Contrary to Law — § 1595a(d)
- CBP’s Mitigation Guidelines for § 1595a Seizures
- Response Options After a § 1595a Seizure
How § 1595a Works — Seizure, Penalty, or Both
19 USC § 1595a is the primary enforcement statute CBP uses to seize merchandise and assess monetary penalties for a wide range of customs and partner-agency violations. It operates as an umbrella — the underlying violation defines what is prohibited, while § 1595a provides the enforcement mechanism CBP uses to act on that violation at the border.
The statute has three distinct enforcement tools, each of which can be deployed independently or in combination:
§ 1595a(b) — Monetary Penalty
Every person who directs, assists financially, or is in any way concerned in an unlawful importation is liable to a penalty equal to the value of the merchandise introduced or attempted to be introduced. This penalty authority is separate from the seizure authority — CBP can assess a § 1595a(b) penalty even when no seizure occurs, and can assess it in addition to a seizure. The penalty is calculated against the appraised domestic value of the merchandise, not the invoice value or the duties involved.
§ 1595a(c) — Seizure and Forfeiture of Merchandise
Merchandise introduced or attempted to be introduced into the United States contrary to law is subject to seizure and forfeiture under § 1595a(c). The statute distinguishes between mandatory seizures — where CBP must seize — and discretionary seizures — where CBP may seize but is not required to. This distinction is critical to understanding what defenses are available and how CBP will approach the forfeiture proceeding.
§ 1595a(a) — Seizure and Forfeiture of Conveyances
Every vessel, vehicle, animal, aircraft, or other thing used to facilitate the unlawful importation — including by providing information, transportation, concealment, or harboring — may itself be seized and forfeited, together with its tackle, equipment, and apparel. This authority extends to conveyances used in any way to facilitate the violation, even if the conveyance itself is not the subject of the underlying violation.
A common misconception is that a § 1595a enforcement action is either a seizure or a penalty. In practice, CBP frequently does both — seizing the merchandise under § 1595a(c) and assessing a separate monetary penalty under § 1595a(b) against the importer, the customs broker, or other parties involved in the transaction. Each enforcement action has its own notice, its own deadline, and its own petition process. Receiving a seizure notice does not mean a separate penalty notice will not follow.
Mandatory vs. Discretionary Seizures Under § 1595a(c)
The most important threshold question in any § 1595a(c) seizure case is whether the seizure was mandatory or discretionary. This distinction determines the strength of CBP’s legal position, the range of defenses available, and how aggressively CBP is likely to pursue forfeiture.
Mandatory Seizures — § 1595a(c)(1)
Under § 1595a(c)(1), CBP is required to seize and subject to forfeiture merchandise that falls into the following categories. These are not discretionary — CBP has no choice but to seize:
- Stolen merchandise
- Smuggled merchandise
- Clandestinely imported or introduced merchandise
- Controlled substances not imported in accordance with applicable law (as defined in the Controlled Substances Act, 21 USC § 801 et seq.)
- Contraband as defined in 49 USC § 80302, including counterfeit currency, controlled substances, and trademark-violative merchandise
- Plastic explosives that do not contain a detection agent, as defined in 18 USC § 841
Discretionary Seizures — § 1595a(c)(2) and (3)
Under § 1595a(c)(2) and (3), CBP has discretion to seize merchandise where another federal agency’s laws or regulations have been violated — but is not required to do so. Critically, for discretionary seizures involving other agencies, CBP must obtain a written statement from the relevant agency confirming the violation and requesting that CBP seize the merchandise. Without that written agency referral, the legal basis for a discretionary seizure may be contested.
For seizures under § 1595a(c)(2), CBP must have a written statement from the relevant partner agency — the FDA, USDA, EPA, CPSC, or other agency — confirming the violation and requesting seizure. If CBP seizes merchandise as a discretionary matter without the required agency referral, the procedural basis for the seizure may be challenged. Reviewing the seizure documentation for compliance with this requirement is one of the first steps in evaluating a § 1595a(c)(2) case.
Discretionary Seizure Categories — § 1595a(c)(2)
The discretionary seizure categories under § 1595a(c)(2) cover a wide range of partner-agency violations. Each category involves a different federal agency, different underlying statutes, and different practical considerations for mounting a defense or seeking mitigation.
Food, Drug & Cosmetic Violations
The FDA regulates the importation of food, drugs, medical devices, and cosmetics under the Federal Food, Drug and Cosmetic Act (21 USC §§ 321, 371(b), 381). CBP seizes FDA-regulated merchandise when the FDA has issued a refusal of admission or when the merchandise does not comply with FDA labeling, approval, or registration requirements. Unapproved pharmaceuticals, misbranded drugs, and medical devices without 510(k) clearance are common targets.
Agricultural & Plant Health Violations
The USDA regulates the importation of animals, plants, and animal and plant products under statutes including the Plant Protection Act and the Animal Health Protection Act (19 CFR §§ 12.8–12.24). CBP seizes agricultural products that lack required permits, health certificates, or phytosanitary clearances. USDA-based seizures frequently arise from undeclared agricultural products in traveler baggage as well as commercial shipments.
Environmental & Consumer Product Safety
The EPA enforces the Clean Air Act and FIFRA for imported vehicles, engines, and pesticides. The CPSC enforces the Federal Hazardous Substances Act for products including toys, children’s sleepwear, fireworks, and electrical appliances. Merchandise that fails to comply with emissions requirements, safety standards, or labeling requirements of these agencies is subject to discretionary seizure under § 1595a(c)(2)(A).
Sanctions Violations
The Office of Foreign Assets Control (OFAC) enforces economic sanctions restricting import and export transactions with designated countries, entities, and individuals. CBP seizes merchandise involved in sanctions violations under § 1595a(c)(2)(B) in conjunction with OFAC’s regulations (31 CFR Parts 515, 535, 560, and others). All petitions for relief in OFAC-related seizures must be referred to OFAC for a recommendation before CBP can act on them.
Arms, Munitions & Defense Articles
The permanent importation of arms, ammunition, and implements of war is controlled by the ATF under the Gun Control Act (18 USC § 921 et seq.) and the National Firearms Act. The temporary import and permanent export of munitions is controlled by the Department of State under the Arms Export Control Act (22 USC § 2778) and the International Traffic in Arms Regulations (22 CFR Parts 120–130). Unauthorized importations require an ATF Form 6 permit; unauthorized exports require a State Department license.
Intellectual Property & Trade Dress
Merchandise violating trademark, copyright, trade name, or trade dress protections is subject to discretionary seizure under § 1595a(c)(2)(C) and (D), in conjunction with 15 USC §§ 1124, 1125, 1127; 17 USC § 506; and 18 USC §§ 2318, 2320. This category overlaps with the mandatory seizure authority for counterfeit goods under § 1595a(c)(1)(C), but also covers gray market goods and copyright-infringing merchandise that do not rise to the level of counterfeiting.
Country of Origin Marking
Goods not properly marked with their country of origin under 19 USC § 1304 are subject to discretionary seizure — but only when the marking violation was intentional and the importer has previously received notices that importations from the same supplier were found in violation. A first-instance marking deficiency discovered at the border is typically addressed through a redelivery notice and marking requirement, not a seizure.
Endangered Species & Wildlife
The U.S. Fish and Wildlife Service regulates the importation of wild animals, fish, amphibians, reptiles, mollusks, and crustaceans under the Endangered Species Act (16 USC §§ 1531–43) and implementing regulations (50 CFR Parts 13, 17). Merchandise violating these protections — including wildlife products and specimens — is subject to discretionary seizure at CBP’s request from F&WS.
An Important Limitation — Classification and Valuation Disputes
Not every customs violation triggers § 1595a(c) seizure authority. Under § 1595a(c)(4), if merchandise is imported or introduced contrary to a provision of law that governs only the classification or value of merchandise — and there are no independent admissibility issues — CBP may not seize the merchandise under § 1595a(c). The exclusive enforcement mechanism in those cases is a monetary penalty under 19 USC § 1592.
This limitation is practically significant for importers facing allegations of misclassification or undervaluation. If the only alleged violation involves how the goods were classified or valued — and there is no independent admissibility issue under another agency’s statute — CBP’s seizure authority under § 1595a(c) does not apply. An attempt by CBP to seize merchandise purely on classification or valuation grounds should be challenged on this basis.
Importers who receive a seizure notice citing § 1595a(c) should review the underlying violation carefully. If the only statute CBP has cited involves classification or valuation — and there is no partner-agency admissibility issue — the seizure may exceed CBP’s authority under § 1595a(c)(4). This does not eliminate all liability, but it is a meaningful challenge to the forfeiture itself that should be raised in any petition or judicial proceeding.
Exportations Contrary to Law — § 1595a(d)
The outbound parallel to § 1595a(c) is 19 USC § 1595a(d), which provides for the seizure and forfeiture of merchandise exported or sent from the United States contrary to law — or attempted to be exported — along with the proceeds or value thereof and any property used to facilitate the export violation. This provision is broader than its inbound counterpart in three important ways.
First, § 1595a(d) explicitly covers attempts to export contrary to law, while the inbound provision under § 1595a(c) does not. Second, in lieu of the actual merchandise, the proceeds of the offense or equivalent value may be forfeited — giving the government a path to forfeiture even when the merchandise itself is no longer available. Third, the facilitation provision under § 1595a(d) is more expansive than the inbound counterpart, reaching a broader range of parties and property involved in the export transaction.
Section 1595a(d) requires an underlying export violation and is typically cited in conjunction with 22 USC § 401, which provides for the seizure and forfeiture of arms, munitions of war, or other articles exported in violation of law. Other common underlying statutes in outbound enforcement actions include the Arms Export Control Act (22 USC § 2778), the Electronic Export Information filing requirements under 15 CFR Part 758, and the temporary export licensing requirements under 22 CFR Part 123.
Unlike the inbound seizure authority, § 1595a(d) allows CBP to forfeit the proceeds of an illegal export or their equivalent value even when the merchandise itself has already left the country and cannot be recovered. An exporter who completes an unlawful export and receives payment for it may find that the payment itself — or assets of equivalent value — are subject to forfeiture under § 1595a(d). This makes early legal intervention in export violation cases particularly important.
CBP’s Mitigation Guidelines for § 1595a Seizures
CBP has published official Mitigation Guidelines for forfeitures and penalties under 19 USC § 1595a (most recently updated July 2019). These guidelines establish the range of mitigation available based on the violation history of the petitioner and the presence or absence of aggravating factors. CBP is not required to follow the guidelines in every case — it reserves discretion to deviate when circumstances warrant — but the guidelines provide the framework against which every petition is evaluated.
Forfeiture Remission Amounts — § 1595a(c)
The mitigation guidelines for remission of the forfeiture are calculated as a percentage of the dutiable value of the seized goods. Only violations within the one-year period preceding the subject violation count as prior violations for purposes of these guidelines.
| Offense History | Aggravating Factors | Remission Range |
|---|---|---|
| First Offense | None present | 10–30% of dutiable value |
| First Offense | Present | 30–50% of dutiable value |
| Second Offense | None present | 30–50% of dutiable value |
| Second Offense | Present | 50–80% of dutiable value |
| Third or Subsequent Offense | Present or absent | 50–80% of dutiable value |
The remission percentage represents what the petitioner must pay to have the goods returned — a 10% remission on a $50,000 seizure means paying $5,000 to recover the merchandise. CBP may also require payment of storage and appraisal fees, manipulation of the merchandise to bring it into compliance at the petitioner’s expense, exportation of the merchandise under CBP supervision, and/or a Hold Harmless Agreement.
Monetary Penalty Mitigation Amounts — § 1595a(b)
The mitigation guidelines for monetary penalties assessed under § 1595a(b) follow the same percentage structure applied against the assessed penalty amount rather than the dutiable value. Only § 1595a(b) penalties assessed within the one-year period before the subject violation count as prior penalties for this purpose. Penalties that were mitigated in full are not counted as prior violations.
Mitigating Factors
CBP’s published mitigating factors for § 1595a cases include: prior good compliance record of the parties involved; clear documentation of remedial measures taken to prevent future violations; inexperience in importing; and extraordinary cooperation with CBP officers in establishing the facts of the violation. A petition that addresses each of these factors with specific evidence — not conclusory statements — stands the best chance of achieving the lower end of the applicable mitigation range.
Aggravating Factors
CBP’s published aggravating factors include: criminal conviction relating to the subject transaction (even if committed by a third party); repetitive violations of the same import restriction, including violations for which no seizures were made; multiple simultaneous violations of different agencies’ laws in the same shipment; circumstances suggesting an intentional importation contrary to law; and a demonstrated pattern of disregard for U.S. import laws and regulations.
CBP reviews each case individually and expressly reserves the right to deviate from the published guidelines when circumstances warrant. A well-prepared petition that presents compelling mitigating facts, documented corrective action, and a strong compliance record can achieve remission below the published minimum in appropriate cases. Conversely, a petition that is conclusory, incomplete, or fails to address aggravating factors squarely may result in CBP applying the higher end of the range — or declining relief entirely.
Response Options After a § 1595a Seizure or Penalty Notice
The procedural options available after a § 1595a seizure or penalty notice are the same as in other non-CAFRA customs enforcement actions — but the underlying legal analysis is different because the seizure involves both CBP authority and, in most discretionary cases, a partner agency whose recommendation CBP is required to consider.
Petition for Remission or Mitigation
The primary administrative remedy — a petition filed with CBP’s FP&F office within 30 days of the personal notice letter asking CBP to return the merchandise or reduce the forfeiture based on the circumstances of the violation. For seizures involving partner agencies like OFAC or the FDA, CBP is required to refer the petition to the relevant agency for a recommendation before acting. A strong petition addresses both CBP’s mitigation factors and the underlying agency’s specific standards for relief.
Learn MoreOffer in Compromise
A negotiated settlement proposing a lesser amount in full satisfaction of the government’s claim — appropriate when the petition process has run its course or when the importer’s financial situation makes full forfeiture impossible. An OIC must state that it is made under 19 USC § 1617 and must be accompanied by a bank draft, cashier’s check, or certified check payable to CBP.
Learn MoreJudicial Claim and Cost Bond
Filing a claim and cost bond within 30 days of the notice demands judicial forfeiture proceedings before the U.S. Attorney. This is the only path to challenging the legality of the seizure in federal court, conducting discovery, and forcing the government to prove its case before a judge. For § 1595a(c)(2) discretionary seizures, the government’s failure to obtain proper written agency referrals may be a compelling defense in judicial proceedings.
Learn MoreExportation in Lieu of Forfeiture
In cases where the merchandise is not contraband and its release would not adversely affect health, safety, or conservation, the Secretary may permit exportation of the merchandise under CBP supervision rather than proceeding to forfeiture. This option is particularly relevant for merchandise that can be brought into compliance in another country or returned to the supplier. It does not eliminate any associated monetary penalty under § 1595a(b).
Received a Seizure or Penalty Notice Citing 19 USC § 1595a?
Whether your seizure involves FDA-regulated merchandise, agricultural products, OFAC sanctions, intellectual property, or another partner-agency violation, the response strategy depends on the specific statute cited, the underlying agency’s involvement, and the facts of your shipment. Contact Great Lakes Customs Law for a free case review — we will evaluate the legal basis for the seizure and identify the strongest available path to recovering your merchandise.