CBP Seizures and Forfeitures: A Practical Guide

When CBP seizes your goods, you have a narrow window — usually 30 days from the seizure notice — to choose among four options, and the wrong choice can cost you the merchandise permanently. A seizure is Customs taking legal custody of goods tied to a violation; forfeiture is the separate legal process that transfers ownership to the government. Knowing the difference, and the deadlines that connect them, is what determines whether you get your property back.

Watch — Export Seizures and Money Laundering:

Seizure vs. Forfeiture

The two terms are often used together but mean different things. A seizure is the act of taking custody — your goods are held and you cannot move or sell them. Forfeiture is the legal procedure that follows, ending (if the government succeeds) in permanent loss of title. Between the two sits your decision: how to respond to the seizure determines which forfeiture path the case takes.

This is the last stage of a sequence that usually begins with a detention and may run alongside a § 1592 penalty. Seizure and forfeiture act on the goods; the penalty acts on the false statement; liquidated damages act on a bond breach. A single shipment can generate all three.

Why CBP Seizes Goods

Common grounds for seizure include:

• Prohibited or restricted merchandise — counterfeit goods, certain wildlife or cultural property, controlled items.
• Intellectual property violations — goods bearing infringing trademarks or copyrights.
• Smuggling or material misdeclaration — goods introduced through false statements about value, classification, or origin.
• Admissibility failures — goods that violate health, safety, marking, or other agency requirements.

The grounds matter because they drive both whether the goods can ever be released and how much leverage you have in a petition.

The CAFRA Notice and Your Four Options

For most non-criminal seizures, the Civil Asset Forfeiture Reform Act (CAFRA), 18 U.S.C. § 983, governs the procedure. CBP must send written notice of the seizure — generally within 60 days — and the notice packet includes an “election of proceedings” form. That form forces a choice. Your four options:

The two most common paths are the petition and the claim, and they pull in opposite directions. A petition keeps the matter inside CBP, where mitigation is flexible but the agency decides. A claim takes the dispute to the U.S. District Court — once you file it, the government must refer the case to the U.S. Attorney, who then has 90 days to file a judicial forfeiture complaint or return the property.

Administrative vs. Judicial Forfeiture

Which forum applies depends largely on value. CBP can pursue administrative forfeiture — handled entirely within the agency — for most merchandise valued at or below $500,000, and for certain prohibited goods of any value. Above that threshold, or whenever a claimant files a claim, the case must proceed as judicial forfeiture in federal court. Filing a claim is therefore the way to force a higher-stakes seizure in front of a judge rather than leaving it to CBP’s internal review.

Getting Goods Back: What Works

Three factors most often decide outcomes. First, speed — the 30-day petition window is short, and missing it can push the case toward default forfeiture. Second, documentation — invoices, supply-chain records, and proof of good-faith compliance are what support both a petition and a mitigation request. Third, the right path for the facts: low-value, fixable admissibility problems usually favor a petition; contested seizures where you have a strong legal defense often favor a claim and the courtroom. The five-year limitations period of 19 U.S.C. § 1621 frames the government’s side of the timeline, but your deadlines are the ones measured in days.

Frequently Asked Questions

How long does CBP have to notify me of a seizure? Under CAFRA, generally 60 days from the date of seizure. The notice triggers your response deadlines.

What is the difference between a petition and a claim? A petition keeps the matter inside CBP for administrative review and mitigation. A claim forces the case into federal court for judicial forfeiture.

Can I get seized goods back? Often, yes — especially for inadvertent, fixable violations. A timely petition with strong documentation, or a successful claim, can secure release or mitigated return.

What happens if I do nothing? The goods are forfeited by default. Inaction is treated as abandonment, and CBP keeps and disposes of the merchandise.

Goods seized, or want to reduce your seizure risk? Reidel Law Firm prepares flat-fee import/export compliance memos and represents importers in seizure and forfeiture matters with direct attorney access. Get an import compliance memo →