The call nobody wants to get: your freight forwarder tells you CBP has detained your shipment. Or worse, it's already been seized. The goods are sitting in a government warehouse, the clock is running, and you have no clear picture of what happens next.

This is a situation thousands of US importers face every year. It's disorienting, often financially serious, and almost always more manageable than it first appears — provided you respond correctly and quickly.

Here's an honest breakdown of what the seizure process actually looks like, what your options are, and why the involvement of a us customs lawyer often determines the outcome.

What CBP Actually Has the Authority to Do

U.S. Customs and Border Protection doesn't just inspect cargo — it has sweeping enforcement authority. Officers can detain shipments for examination, issue requests for information, and ultimately seize merchandise they believe violates federal law. The legal basis for seizure is broad and includes suspected customs fraud, trademark or copyright infringement, violations of import restrictions, undervaluation, and country of origin misrepresentation, among others.

A detention is not the same as a seizure, and understanding the distinction matters. A detention means CBP is holding your goods for further review. A seizure means the government is asserting ownership over them. Both require a response, but a seizure initiates a formal legal proceeding with specific deadlines.

The Clock Starts Immediately

When CBP seizes merchandise, it issues a formal notice to the importer. From that point, you typically have 30 days to file a claim or a petition for relief — and these deadlines are not flexible.

This is the first reason why engaging a us customs lawyer immediately matters. Missing the response window doesn't just cost you a chance to contest the seizure — it can result in the merchandise being forfeited automatically, along with any right to challenge the government's action.

Your Two Main Options After Seizure

Filing a Petition for Relief

A petition is a formal request to CBP asking the agency to return the merchandise or reduce a monetary penalty. It's not an adversarial proceeding in the sense that you're going to court — it's an administrative process in which you present legal and factual arguments to CBP's Fines, Penalties, and Forfeitures office.

A us customs lawyer builds the petition by analyzing the specific basis for the seizure, identifying whether CBP's action was legally justified, and crafting arguments for why the merchandise should be returned or why the importer should face reduced liability. The petition can also present mitigating factors — the importer's compliance history, the circumstances surrounding the violation, cooperation with the investigation — that influence the outcome.

Filing a Claim and Demanding Judicial Forfeiture

If you believe the seizure was legally improper, you can file a claim demanding that CBP refer the matter to the Department of Justice for court proceedings. This is the path that results in a judge — rather than a CBP officer — deciding whether the forfeiture is legally justified.

Litigation is not the right path for every seizure, but for high-value merchandise or cases where CBP's legal basis is genuinely questionable, it can be the most effective option. This is where having a us customs lawyer with actual litigation experience — not just administrative experience — makes a real difference. Stein Shostak Shostak Pollack & O'Hara has the track record of taking these cases to court and winning.

Offer in Compromise

In some situations, neither full return of goods nor litigation is the most practical path. CBP may agree to a monetary settlement — essentially, you pay a negotiated amount and the merchandise is released or the forfeiture is resolved. An international trade lawyer with deep agency experience knows how to negotiate these settlements effectively, because the initial offer from CBP is rarely the final number.

Common Reasons Goods Get Seized — And What They Mean for Your Case

Understanding why your goods were seized shapes every part of the response strategy.

Trademark and Intellectual Property Violations

CBP actively enforces intellectual property rights at the border. If your shipment contains goods CBP believes infringe on a registered trademark or copyright — even if you purchased them legitimately from a supplier — they can be seized. These cases often involve factual complexity: is the product genuinely infringing, or is the trademark registration holder overstating their rights?

A us customs lawyer can analyze the underlying IP claim, challenge the seizure's legal basis, and in some cases help you work toward a resolution with the rights holder directly.

Customs Fraud and Misrepresentation

Allegations of fraud — intentional undervaluation, false country of origin declarations, document falsification — are the most serious category of customs violations. They carry significant penalty exposure and, in egregious cases, potential criminal referral.

If your shipment has been seized on fraud grounds, the stakes go beyond the merchandise itself. Early legal intervention by a us customs lawyer is not optional — it's essential.

Import Restrictions and Licensing Requirements

Certain products require specific licenses or certifications to enter the US market. Food products, pharmaceuticals, electronics, agricultural goods, and items subject to export controls in their country of origin all have specific compliance requirements. A seizure based on missing documentation is often resolvable, but only if you move quickly and present the right information.

What Doesn't Help After a Seizure

Calling CBP directly without legal representation and trying to explain the situation informally is rarely effective and can sometimes complicate matters. Statements made during that kind of informal contact can be used in the subsequent proceedings.

Similarly, waiting to see what happens is almost never the right strategy. CBP's administrative process has firm timelines, and the period immediately after a seizure notice is exactly when a customs attorney can do the most good — gathering documentation, assessing the legal basis for CBP's action, and preparing a response that gives you the best possible outcome.

After the Seizure: Preventing the Next One

Importers who've been through a seizure typically become much more proactive about compliance. That shift makes sense. The experience clarifies, in concrete terms, what the consequences of compliance failures actually look like.

A us customs lawyer can conduct a customs compliance review of your import program — examining your classification practices, your valuation methodology, your country of origin declarations, and your internal controls — and identify gaps before they become enforcement actions.

The goal isn't to make importing more complicated. It's to make sure that when CBP looks at your operation, there's nothing to find.

Don't navigate a seizure alone. The attorneys at Stein Shostak Shostak Pollack & O'Hara, LLP have decades of experience helping importers respond to CBP seizures, negotiate resolutions, and litigate forfeitures when necessary. Call (213) 630-8888 or visit steinshostak.com to speak with a qualified us customs lawyer about your situation.