U.S. Customs and Border Protection (CBP) is an agency responsible for enforcing customs laws and regulations, including the seizure of goods that violate trade laws. If your goods have been seized by CBP, it can be a stressful and overwhelming experience, but it is important to understand that you have rights and options to retrieve your goods.
U.S. Customs has five days from the date of arrival of cargo in the United States to detain the cargo for examination. If an importer’s merchandise is detained, a written detention notice indicating the cause of detention, expected duration, type of tests or inquiries to be done, and information needed to expedite the disposition of the detention is required to be sent to the individual. The detained merchandise will then be sent to a Centralized Examination Station for a comprehensive inspection by Customs officers. The examination process can take up to thirty days and during this time, CBP will determine if the goods can be released or if they need to be permanently seized. If CBP decides to seize the merchandise, a written notice must be sent to the owner or importer of the goods. This notice will include the identification of the seized cargo, the location of the seizure, and the legal basis for the seizure.
After being notified of a seizure by CBP, the owner or importer of the goods must file a petition challenging the grounds of the seizure within thirty days. This petition serves as a means for the owner to request the release of the seized shipment, by either disputing the alleged violation or acknowledging it but requesting release due to mitigating circumstances. The outcome of the petition will determine whether U.S. Customs grants the release of the seized goods or denies the request and retains the merchandise.
If your merchandise has been seized and is in the custody of CBP for over thirty days, you may have the option to seek relief under the Federal Tort Claims Act (FTCA). The FTCA provides a mechanism for individuals to bring a claim against the U.S. government for property damage or loss caused by the negligence or wrongful act of a federal employee acting within the scope of their employment.
Retrieving your seized goods from U.S. Customs can be a challenging task, but the skilled lawyers at OVB Law & Consulting, S.C. can assist you in navigating the process to reclaim your lost goods.
