Non-CAFRA Customs Seizure Defense
When CBP seizes merchandise, vehicles, or other property under Title 19 of the United States Code, the case is governed by the Tariff Act of 1930 — not by the Civil Asset Forfeiture Reform Act. Non-CAFRA customs seizures follow different procedural rules, different deadlines, and more limited protections than CAFRA forfeitures. Understanding the process from the moment you receive the notice determines your strategy.
Great Lakes Customs Law represents importers, travelers, businesses, and carriers in non-CAFRA seizure cases at ports across the United States. We evaluate every available option — petition for remission, offer in compromise, release on payment, and judicial claim — and advise clients on which path or combination of paths gives them the best chance of recovering their property.
The personal Notice of Seizure sets a 30-day deadline from the date of the letter to file a petition, offer in compromise, or judicial claim. Missing that initial window does not automatically forfeit your property — but it narrows your options significantly. If you have received a Non-CAFRA Notice of Seizure from CBP, contact us immediately.
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What Is a Non-CAFRA Customs Seizure?
The Civil Asset Forfeiture Reform Act of 2000 (CAFRA), codified at 18 USC § 983, established a uniform set of procedural protections for most federal civil forfeiture actions — including notice deadlines, the right to return of property pending forfeiture, and a statutory innocent owner defense. However, Congress expressly carved out seizures under Title 19 of the United States Code — the Tariff Act of 1930 — from many of CAFRA’s protections.
A non-CAFRA seizure is one where CBP acts exclusively under its Title 19 authority and no other federal agency’s independent forfeiture statute is implicated. The procedural framework that governs is the Tariff Act itself — primarily 19 USC §§ 1607, 1608, 1614, 1617, and 1618 — along with CBP’s implementing regulations at 19 CFR Parts 162 and 171.
The distinction matters because the two frameworks produce very different procedural landscapes. Under CAFRA, an innocent owner defense is available, the government must send notice within 60 days, and no cost bond is required to contest the forfeiture judicially. Under Title 19 non-CAFRA rules, none of those protections apply in the same way.
The single most important threshold question in any CBP seizure case is whether the seizure is governed by CAFRA or by Title 19 alone. If other federal agencies — the FDA, USDA, EPA, DEA, or others — are cited as an independent basis for forfeiture, CAFRA may apply and its more favorable protections may be available. If the seizure rests exclusively on Title 19 customs authority, non-CAFRA rules apply. The violation statutes listed on the notice are the starting point for this analysis.
Non-CAFRA vs. CAFRA — Key Differences
The procedural differences between CAFRA and non-CAFRA customs seizures are substantial. Importers who assume their rights mirror what they have read about civil forfeiture generally — based on CAFRA — can make costly strategic errors.
CAFRA Seizures (18 USC § 983)
- Government must send notice within 60 days of seizure
- Claimant has 35 days from mailing of personal notice to file a judicial claim
- No cost bond required to contest forfeiture judicially
- Statutory innocent owner defense available under 18 USC § 983(d)
- Claimant may petition for hardship release of property pending forfeiture under 18 USC § 983(f)
Non-CAFRA Seizures (Title 19 / Tariff Act)
- No statutory deadline for CBP to mail personal notice after seizure
- Initial response deadline is 30 days from the personal notice letter for petition, OIC, or judicial claim
- Judicial claim requires a cost bond of $5,000 or 10% of appraised value, whichever is lower (minimum $250)
- No statutory innocent owner defense — Title 19 forfeiture is in rem; lack of knowledge is a mitigating factor in a petition, not a legal defense
- No statutory right to return of property pending forfeiture — though release on payment of appraised value is available under 19 USC § 1614
In CAFRA cases, an owner who demonstrates they had no knowledge of the illegal activity can reclaim their property under the statutory innocent owner defense. In non-CAFRA Title 19 cases, that defense does not exist as a matter of right. The property itself is the subject of an in rem forfeiture proceeding, and the owner’s lack of knowledge is a mitigating factor in a petition — not a legal bar to forfeiture. This makes the quality of the petition, and the decision of whether to file a judicial claim, far more consequential.
Common Violations Leading to Non-CAFRA Customs Seizures
CBP seizes property under Title 19 authority for a wide range of customs violations. The most common categories are:
Counterfeit Trademark Imports
Importing goods bearing a counterfeit trademark registered with the U.S. Patent and Trademark Office. CBP seizes and typically destroys counterfeit merchandise. A separate civil penalty under 19 USC § 1526(f) may also apply — up to the domestic MSRP value for a first offense, and up to twice that amount for subsequent violations.
Learn MoreFailure to Declare Merchandise
Failing to declare merchandise on a customs declaration — particularly by international travelers. Any article not declared before baggage examination begins is subject to seizure and forfeiture. A penalty equal to the value of the undeclared merchandise may also be assessed separately from the forfeiture itself.
Learn MoreImports or Exports Contrary to Law
A broad seizure authority covering merchandise imported or exported in violation of any U.S. law — including country of origin marking deficiencies, goods requiring import licenses or FDA/USDA clearance that was not obtained, pharmaceuticals imported without proper authorization, and a wide range of other admissibility violations.
False Statements & Entry Fraud
Material false statements, omissions, or acts in connection with an import entry — including misclassification, undervaluation, and false country of origin declarations. While § 1592 is primarily a penalty statute, the underlying entry violation can also trigger seizure of the merchandise itself in cases involving fraud or gross negligence.
Learn MoreConveyance Violations — Vessels & Vehicles
Seizure of vehicles, vessels, or aircraft used to facilitate smuggling or other customs violations. Conveyances outfitted with hidden compartments or used to transport contraband or undeclared merchandise are subject to forfeiture even if the owner of the conveyance is separate from the person who committed the violation.
Gray Market & Copyright-Infringing Goods
Beyond outright counterfeits, CBP seizes gray market goods bearing genuine trademarks imported without the U.S. trademark holder’s authorization, and copyright-infringing goods where the imported product reproduces protected expression without the rights holder’s permission.
Learn MoreMerchandise Detention & Exclusion
Before a penalty is assessed or a seizure is formalized, CBP may detain your merchandise while it conducts an examination or awaits clearance from a partner agency. Detention status attaches after 5 business days without a release decision, and CBP has a maximum of 30 days to act before the goods are deemed excluded by law. Understanding the detention timeline, your right to CBP’s test results, and when to respond proactively can be the difference between a shipment that clears and one that escalates to seizure.
Learn MoreWhat Happens After a Non-CAFRA Seizure
The non-CAFRA forfeiture process follows a specific sequence under the Tariff Act and CBP’s regulations. Understanding each stage — and the documents that arrive at each step — is essential to knowing where you are and what options remain open.
- Seizure and Appraisal CBP seizes the property and a CBP import specialist appraises its domestic value. The appraised value determines the cost bond required for a judicial claim, the amount required for release on payment under 19 USC § 1614, and the scale of any associated monetary penalty. CBP holds the property at the port or in a CBP warehouse.
- Personal Notice of Seizure Mailed — Notice of Seizure and Information to Claimants (Non-CAFRA Form) CBP mails a personal notice letter by certified mail to known interested parties. This letter identifies the seized property, the statutory violation, the appraised value, and the four options available to the claimant. An Election of Proceedings form is enclosed — the claimant must check one box and return it within 30 days from the date of the letter. CBP has no statutory deadline under Title 19 for mailing this letter after the seizure, so it may arrive weeks after the seizure occurred.
- Publication on Forfeiture.gov — Notice of Seizure and Intent to Forfeit (19 USC § 1607 / 19 CFR § 162.45) Simultaneously — under CBP’s current practice since its 2023 policy change — CBP publishes the Notice of Seizure and Intent to Forfeit on forfeiture.gov for at least 30 consecutive days. The published notice sets its own 30-day deadline from the date of first publication to file a claim and cost bond. This published notice is primarily for parties who did not receive a personal notice letter. The personal notice letter and the published notice run concurrently and set consistent 30-day windows.
- Election of Proceedings — Claimant Must Respond The claimant returns the Election of Proceedings form checking one of four boxes: petition (Box 1), offer in compromise (Box 2), abandonment (Box 3), or judicial action (Box 4). Selecting one option does not permanently foreclose switching to another — in particular, a claimant who files a petition retains the right to later demand judicial action, subject to specific deadlines.
- If No Response — Administrative Forfeiture If CBP receives no petition, OIC, or judicial claim within the applicable deadlines, it proceeds to declare the property forfeited to the United States and disposes of it by law. Options for recovery at this point are extremely limited.
The personal Notice of Seizure and Information to Claimants letter mailed to the property owner is a different document from the Notice of Seizure and Intent to Forfeit published on forfeiture.gov. The personal letter sets the 30-day election window for the property owner. The published notice serves as constructive notice to the public and sets a parallel 30-day window for any other interested party who did not receive a personal letter. Both deadlines typically run from approximately the same date under CBP’s current concurrent publication practice.
Your Four Options — The Election of Proceedings Form
The Non-CAFRA Notice of Seizure encloses an Election of Proceedings form requiring the claimant to choose one of four options. Each has different procedural consequences, different costs, and different strategic implications. Importantly, choosing one option initially does not permanently foreclose switching to another — particularly the judicial claim — subject to the applicable deadlines.
Petition for Remission or Mitigation
A petition filed within 30 days of the notice letter asks CBP to return the property or reduce the forfeiture based on the circumstances of the violation — including lack of intent, good compliance history, and mitigating facts. The petition is reviewed administratively by CBP’s FP&F office under 19 USC § 1618. If the petition is denied or partially denied, the claimant has an additional 60 days from the date of the petition decision to file a supplemental petition or demand judicial action by filing a claim and cost bond.
Learn MoreOffer in Compromise
An offer in compromise filed within 30 days of the notice letter proposes a negotiated settlement — paying a lesser amount in full satisfaction of the government’s claim. The offer must specifically state it is made under 19 USC § 1617 and must be accompanied by a bank draft, cashier’s check, or certified check payable to CBP. If CBP denies the OIC, the claimant has 30 days from the decision letter to file a judicial claim and cost bond.
Learn MoreJudicial Action — Claim and Cost Bond
Filing a claim and posting the cost bond within 30 days of the notice demands that CBP refer the case to the U.S. Attorney for judicial forfeiture proceedings. 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. The cost bond is the lesser of $5,000 or 10% of the appraised value, minimum $250. If CBP cannot afford to pay the bond, CBP may waive it upon a showing of financial inability.
Abandonment
Abandoning any claim or interest in the property allows CBP to proceed with forfeiture without further involving the claimant. Abandonment does not eliminate associated monetary penalties — a separate § 1592 penalty or other civil penalty may still follow. Abandonment should be a deliberate strategic choice based on the facts, not a default when no other option seems available.
A claimant who files a petition (Box 1) and is dissatisfied with CBP’s decision retains the right to file a judicial claim and cost bond. The window to do so is 60 days from the date of the initial petition decision, or 60 days from the date of a supplemental petition decision. Similarly, a claimant who files an OIC (Box 2) and is dissatisfied with CBP’s decision has 30 days from that decision to file a judicial claim. At any point prior to forfeiture — even while a petition is pending — a claimant can notify CBP that they want the matter referred to the U.S. Attorney for judicial action, at which point CBP will treat the pending petition as withdrawn.
Release on Payment — A Fifth Option Under 19 USC § 1614
Separate from the four Election of Proceedings boxes, the personal notice letter also describes a Release on Payment option under 19 USC § 1614. If the seized merchandise is not prohibited by law from entry into the United States, the claimant can request the return of the merchandise by paying the full appraised domestic value — accompanied by a bank draft, cashier’s check, or certified check, or an irrevocable letter of credit. If CBP accepts, the property is released immediately and the payment substitutes for the seized merchandise. The claimant can still file a petition, OIC, or judicial claim alongside the release on payment request, and must still check the appropriate box on the Election of Proceedings form.
Choosing the Right Path
The most consequential decision in a non-CAFRA seizure case is whether to file a petition, an OIC, a judicial claim, or some combination of these in sequence. The right answer depends on the specific facts — the strength of CBP’s legal basis for the seizure, the value of the property, the nature of the violation, the claimant’s ability to post a cost bond, and whether the goal is to recover the property, minimize total financial exposure, or contest the legality of the seizure itself.
When a Petition Is the Right Starting Point
A petition for remission or mitigation is the appropriate first step when the violation was inadvertent, the claimant has a strong compliance history, there are clear mitigating facts, and the goal is to achieve return of the property or reduction of the forfeiture through the administrative process without litigation. A petition does not require a cost bond. Filing a petition also does not forfeit the judicial option — if the petition result is unsatisfactory, the claimant retains 60 days from the decision to demand judicial action.
When a Judicial Claim Is the Right Starting Point
Filing a claim and cost bond under 19 USC § 1608 is the appropriate path when the seizure itself is legally questionable, when CBP’s probable cause is weak, when the value of the property justifies the litigation cost and bond, or when the claimant needs discovery to mount an effective defense. Filing the claim forces the government to justify the seizure before a federal judge or return the property. In many cases, the filing of a valid claim — and the resulting obligation to involve the U.S. Attorney — produces a negotiated resolution before a complaint is ever filed. A claimant can also file a petition concurrently; if judicial action is requested while a petition is pending, CBP will forward the petition to the U.S. Attorney for consideration.
A claimant who wishes to demand judicial action but cannot afford the cost bond should contact the FP&F office identified in the personal notice letter. CBP has the authority to waive the bond requirement upon a determination of financial inability to pay. Failure to submit a bond with the judicial claim will otherwise render the claim defective and the case will not be referred to the U.S. Attorney’s Office — so this waiver process should be pursued before the deadline if affordability is an issue.
Received a Non-CAFRA Notice of Seizure From CBP?
The Election of Proceedings form enclosed with the notice requires a decision within 30 days — and choosing the wrong option, or missing the deadline entirely, can significantly damage your position. Contact Great Lakes Customs Law immediately. We will evaluate the seizure, explain every available option, and advise you on the path most likely to result in recovery of your property.