Criminals are always on the urge to illegally enter the country, or ship illegal or harmful merchandise. And that’s where U.S. Customs and Border Protection comes into play.
Customs and Border Protection is actively looking for illegal shipping on every border of the country. When something is found suspicious, the authority takes the merchandise under custody.
In this article, we talk about everything you need to know about U.S. Customs and Border Protection. Then, we briefly talk about what kind of merchandise is labeled as illegal by the authorities. Last but not least, we discuss what happens when CBP seizes a package.
Let’s dive in.
WHAT’S THE PRIMARY PURPOSE OF U.S. CUSTOMS AND BORDER PROTECTION?
The agency was created back in 2003 to fight the inflow of criminals and illegal substances into the country. Today, CBP covers more than 9,000 miles of borderland on its own and prevents illegal border crossings. Plus, in collaboration with U.S. Coast Guard, CBP also takes care of more than 95,000 miles of the maritime border.
The primary “mission” of CBP is to prevent terrorist and their weapons from entering the country. To complete that mission, CBP has to pay close attention to every piece of cargo that’s entering the border.
When U.S. Customs finds something that seems illegal, it takes the package and keeps it in a Centralized Examination Station (CES), where it’s thoroughly examined.
WHAT’S CONSIDERED AN ILLEGAL PACKAGE BY U.S. CUSTOMS?
To minimize the import of illegal cargo, U.S. Customs has strict rules and regulations to follow. These guidelines help custom officers figure out whether a package is considered illegal or not.
There are two types of items that are screened by U.S. Customs.
First, there are restricted items that are not usually allowed through the border, but with special permits, these can be imported. These include things like some animals, animal products, firearms, certain vegetables & fruits, and other similar items.
Secondly, there are prohibited items that are not allowed to enter the U.S. borders at any cost. These include things like dangerous toys, illegal drugs & other substances, cars without safety features, bush meat, and other similar items.
However, sometimes the U.S. Customs can seize a package thinking it contains illegal materials. If something like this happens to you and you’re sure it’s a mistake, you must get in touch with a Customs Attorney as soon as possible.
WHAT HAPPENS WHEN U.S. CUSTOMS SEIZES AN ILLEGAL PACKAGE?
If U.S. Customs wants to detain a package, it has to go through a legal process to do that.
If U.S. Customs thinks a package is illegal, it has to detain it within 5 days of the package’s arrival. Thereafter within another 5 days, the customs officer carrying out the detention is required to issue a Detention Notice.He/she has to explain to the package’s importer, customs broker, or the customs attorney, why the package is being detained.
After the package has been detained, it’s placed in a Centralized Examination Station (CES). There, U.S. Customs takes apart the package and analyzes its components to see whether there’s something illegal inside.
After the 30 days period, U.S. Customs has to decide whether it wants to seize the package or release it. In some cases, Customs has to rely on other agencies to provide it with instructions on whether the package is breaking any law, for example the U.S. Food and Drug Administration.
If the package violates the regulations and gets seized, it’s moved to a Seized Property Warehouse, where it’s kept until further notice. When the warehouse is instructed to release the package, the owner also has to pay a warehouse fee to take control of the cargo.
After U.S. Customs seizes the package, it sends the file to the Fines, Penalties, and Forfeitures Office (FP&F), which then prepares a legal Seizure Notice explaining the time and place of seizing the cargo.
A copy of the Seizure Notice is also sent to the owner of the package, i.e., the alleged violator to let them know their package has been seized.
After receiving the notice, the alleged violator has multiple options. Generally, a petition is filed within 30 days from the Seizure Notice — otherwise, the petition may not be accepted.
In the petition, the alleged violator can argue why they did not commit a violation, or why the violation can be mitigated by various factors.
If the petition succeeds, the cargo will be released — if denied, it may be forfeited and destroyed or auctioned off.
If the value of the merchandise is low or you choose not to file a petition you should consider filing an abandonment notice with a supporting letter to preserve your innocence in case based on the below consideration:
- If the illegal package was imported under yourpersonal nameyou may lose your opportunity to be enrolled in U.S. Customs Global Entry Programor have your membership privileges revoked.
- You may be subject to penalties up to the value of the genuine merchandise based on the manufacturer’s suggested retail price (MSRP). These can be quite high and would require a separate petition filing to mitigate these fines down. Note you may not receive a penalty notice until way after the seizure case was closed. Penalty Notice Example
US Customs Seizure Letter – Customs Notice of Seizure
A US Customs seizure letter, also known as a Customs Notice of Seizure, is a document issued by the United States Customs and Border Protection (CBP) agency to inform individuals or businesses that their goods have been seized during the customs clearance process. The letter provides details about the seizure, including the reason for the seizure, the nature of the seized items, and the legal basis for the action taken.
When the CBP suspects that imported goods may violate US laws or regulations, they have the authority to seize the items. Common reasons for seizures include the importation of counterfeit goods, prohibited items, undeclared goods, controlled substances, or goods that infringe upon intellectual property rights.
The seizure letter typically includes information such as:
- Seizure Case Number: A unique identifier assigned to the case for reference purposes.
- Date and Place of Seizure: When and where the goods were seized.
- Description of Seized Items: A detailed list or description of the seized goods.
- Reason for Seizure: The legal basis or violation that led to the seizure.
- Legal Authority: The specific laws or regulations that support the seizure.
- Contact Information: Details of the CBP officer handling the case, along with their contact information.
Upon receiving a seizure letter, the recipient has the opportunity to respond to the CBP’s action. They may choose to provide additional information, contest the seizure, or claim the seized goods under certain circ*mstances. It is important to consult with legal counsel or an attorney experienced in customs law to understand the options and procedures for resolving the seizure.
Time limit to response to US Customs Notice of Seizure Letter
The time limit to respond to a US Customs Notice of Seizure Letter depends on the specific circ*mstances and the type of seizure involved. Generally, recipients have a limited amount of time to take action and respond to the notice. The exact time limit should be stated in the seizure letter itself. Typically, recipients of a seizure letter have 30 days from the date of the letter to respond.
It is crucial to review the seizure letter carefully and take prompt action within the specified time limit. Failure to respond within the designated timeframe may result in the forfeiture of the seized goods, and the CBP may proceed with further legal proceedings or disposal of the items. It is advisable to consult with an attorney experienced in customs law to understand the specific requirements and deadlines for responding to the seizure notice.
Reasons why you should not ignore customs seizure letter
Ignoring a US Customs seizure letter can have serious consequences, so it is strongly advised not to ignore it. Here are some reasons why you should not ignore a customs seizure letter:
- Legal Consequences: Ignoring a customs seizure letter can result in legal repercussions. The government has the authority to pursue legal action against individuals who fail to respond or take appropriate steps after receiving a seizure notice. This may lead to fines, penalties, or even criminal charges.
- Loss of Property: Ignoring the seizure letter can result in the permanent forfeiture of the seized goods. Customs authorities may proceed with the disposal or destruction of the items if the recipient fails to take timely action to contest the seizure. By not responding, you may lose valuable property without any chance of recovery.
- Limited Time to Respond: Customs seizure letters typically include a specific timeframe within which the recipient must respond. Ignoring the letter may result in the expiration of the response period, eliminating your opportunity to challenge the seizure, negotiate a settlement, or claim the goods.
- Preservation of Rights: Responding to a seizure letter allows you to assert your rights and present your case. You have the opportunity to provide additional information, present evidence, or challenge the basis of the seizure. Ignoring the letter forfeits your chance to contest the action and potentially recover the seized goods.
- Professional Assistance: Engaging with customs authorities and navigating the legal process can be complex and challenging. By not ignoring the seizure letter, you can seek professional assistance from an attorney experienced in customs law. They can guide you through the process, help protect your interests, and explore the available options for resolving the seizure.
In summary, ignoring a customs seizure letter can lead to significant legal and financial consequences, including the permanent loss of the seized goods. It is essential to take prompt action, understand your rights, and seek appropriate legal advice to effectively respond to the seizure notice.
Conclusion
In conclusion, when facing a US Customs seizure letter, it is crucial not to ignore it due to the potential legal consequences and loss of property. Taking immediate action and seeking professional assistance can significantly improve your chances of resolving the situation favorably. In this regard, contacting a reputable law firm like Abady Law Firm can provide you with the expertise and guidance needed to navigate the complexities of customs law and protect your rights. Their experienced attorneys can assist you in understanding the specific requirements, developing a strategic response, and advocating on your behalf to seek the best possible outcome for your legal needs. By working with a trusted legal partner like Abady Law Firm, you can effectively address the customs seizure matter and strive for a favorable resolution.
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Frequently Asked Questions (FAQ’s)
1. What Happens When You Get A Seizure Letter From Customs?
Receiving a seizure letter from customs can be a nerve-wracking experience, especially if you were not aware of any breaches of customs law. It’s important to note that customs officials are tasked with identifying and intercepting illegal items, including prescription drugs that may not be allowed for importation. If you do receive a seizure letter, it’s crucial to act quickly and seek legal counsel if necessary. In international shipping, customs can be tricky to navigate, so it’s always a good idea to research and double-check the regulations before making any shipments. While the process can be stressful and overwhelming, it’s essential to work with customs officials and take the proper steps to ensure future compliance.
2. What Happens If Your Package Gets Seized?
It’s a nightmare scenario that no one wants to imagine – your package, containing illegal products, gets seized before it even reaches you. Unfortunately, this is a reality that many people face. Depending on the country of origin and the specific circ*mstances of the seizure, there may be serious consequences for the individuals involved. It’s important to understand that sending or receiving packages containing illegal goods is considered illegal activity, and can result in legal trouble. If you find yourself in this situation, it’s crucial to seek out professional help. The Abady Law Firm specializes in this area of law and can provide expertise and guidance to help mitigate the consequences of package seizure.
3. Do You Get In Trouble If Your Package Is Seized?
The thought of having a package seized by Border Force’s seems like a nightmare. What happens if the contents of the package were tobacco products, and more specifically, illegal ones? It’s important to understand the consequences of this scenario. It is possible to face legal trouble if your package is seized, as importing tobacco products without the proper permits is illegal. However, if you find yourself in this situation, it’s important to seek the guidance of an experienced defense attorney who can build a solid defense for you. Even if you innocently ordered the package, the legal system can be difficult to navigate. A defense attorney can help you understand your options and the possible outcomes of your case. Be cautious when ordering anything that may be considered a suspicious package, and if it is seized, take action immediately.
