My shipment is held by US Customs: what now, and how long will it take?
CBP holds goods in two ways: detention and seizure. For detention, CBP must decide to release or detain within 5 business days after the goods are presented for examination, and send the importer a written notice within 5 business days of that decision, stating the reason and what information could speed things up. If there is no decision within 30 days, the goods are treated as excluded and the importer can file a protest. For a seizure, a petition for relief must be filed within 30 days of the date the seizure notice was mailed, with the Fines, Penalties and Forfeitures office named in the notice.
- Applies to
- Goods shipped to the US that CBP has detained or seized. Notices go to the importer of record, not the shipper.
Which one is it?
| Situation | Time limit | What you can do | Source |
|---|---|---|---|
| Detention | Decision within 5 business days of presentation; notice within 5 business days of decision | Supply the information requested; ask in writing for test results | 19 CFR 151.16(b)(c) |
| No decision after 30 days | Treated as exclusion | File a protest; then the Court of International Trade | 19 CFR 151.16(e)(f) |
| Seizure | 30 days from mailing of the seizure notice | Petition the FP&F office named in the notice | 19 CFR 171.2 |
A detention notice must state when detention started, the specific reason, the expected length, planned tests or inquiries, and what information could speed things up. It is not a final decision.
What you can do yourself
- Find out who the importer of record is. Only the importer gets the notice. If a forwarder handled "duties included" shipping, ask it for the original notice.
- Prepare what the notice asks for: invoice, packing list, photos, material description, certificates, proof of origin.
- Deadlines run from the mailing date, not the day you saw it.
- For low-value goods you cannot document, ask whether you can abandon or re-export; the importer usually pays.
When to use a professional
- You received a seizure notice, or the notice mentions counterfeit marks, forced labor or safety standards.
- No decision after 30 days and you want to protest or sue.
- High-value goods, or several entries involved.
Use a US licensed customs broker or a customs attorney.
Warning signs
Anyone offering an "inside contact" to get goods released should not be trusted. Only CBP can release goods, following its procedures.
Still uncertain
- How detention notices are delivered for parcels filed under the new postal entry process is not spelled out separately by CBP.