INTERNATIONAL TRADE LAW
Export Detentions: Why Your Shipment Got Held
When people say “export detention” they usually mean one of two very different cost drivers: a government compliance hold that stops your shipment for a paperwork or licensing problem, or carrier demurrage and detention charges that pile up when containers sit too long. They have different causes, different fixes, and different people to call — so the first step when the charges start climbing is figuring out which one you are dealing with. This guide separates them and shows how to limit both.
The two kinds of “detention”
The word gets used loosely, and that costs exporters time. A compliance hold is when a U.S. agency stops your shipment because something in the export is wrong or unverified — a missing or incorrect filing, a possible license requirement, or a party that needs checking. A carrier charge is a commercial fee — demurrage or detention — that accrues because equipment sat past its free time. One is a legal problem; the other is a logistics-and-contract problem. Knowing which you have tells you whether to call your trade counsel or your freight forwarder.
| Compliance hold | Demurrage & detention | |
|---|---|---|
| Who imposes it | CBP / federal agencies | Ocean carrier or terminal |
| Why | Filing, license, or screening issue | Container/equipment held past free time |
| Governed by | Export regulations (e.g., 15 CFR Part 30, EAR) | Shipping contracts; FMC rules |
| Who fixes it | You + trade counsel | You + forwarder/carrier |
Government compliance holds
A compliance hold usually traces back to the Electronic Export Information (EEI) filing or the screening behind it. Exports generally must be reported through the Automated Export System (AES) before the goods leave — typically when a commodity line exceeds $2,500, and at any value when a license is required. If that filing is missing, late, or inaccurate, or if the item turns out to need a license, or if a party flags on a restricted-party list, the shipment can be held until the issue is resolved.
The fix is to correct the underlying problem, not to push the box through. Get the classification right, file or amend the EEI accurately, confirm whether a license is needed, and document your screening. Because all parties to an export must be able to produce records to CBP, Census, and other agencies for five years after the transaction, keeping a clean file is both how you resolve the current hold and how you avoid the next one. For the framework behind these obligations, see our introduction to export controls.
Demurrage and detention charges
The other “detention” is purely commercial. Carriers and terminals give you a set window of free time to pick up, unpack, load, and return equipment. Run past it and the meter starts:
- Demurrage accrues when a container sits at the marine terminal beyond its free time.
- Detention accrues when you keep the carrier’s equipment (a container or chassis) out past its free time.
These charges are governed by your shipping contracts and, for ocean shipping, by the Federal Maritime Commission, whose billing rules require invoices to carry enough detail — container numbers, the relevant dates, the earliest return date — for you to verify the charge. That detail is your leverage: a meaningful share of demurrage and detention bills contain errors, and a charge that does not meet the billing requirements can be disputed.
Four ways to limit both
Most detention costs are preventable with the same discipline that keeps you compliant:
- Plan for delay. Ports back up and weather intervenes. Build buffer into pickup and return so free time is not blown by predictable congestion.
- Get the filing right the first time. Accurate, timely EEI and clean screening are what keep a shipment from being held at all.
- Read the contract. Know each party’s responsibilities and your free-time terms before you book, so you are not surprised by the clock.
- Audit and negotiate charges. Check demurrage and detention invoices against the required detail, dispute errors, and keep good carrier relationships that make disputes easier to resolve.
Frequently asked questions
Is an export detention the same as a customs seizure? No. A detention or hold temporarily stops a shipment while an issue is checked or fixed; a seizure is the government taking the goods, usually for a more serious violation. A hold resolved promptly often ends without escalation, which is why fixing the underlying problem quickly matters.
Who do I call when my container racks up charges? For demurrage and detention, your freight forwarder or carrier, with the invoice detail in hand to verify or dispute it. For a government compliance hold — a filing, license, or screening problem — your trade counsel, because the fix is a legal one and pushing the shipment without resolving it can make things worse.
How do I avoid this next time? Tighten the two things that cause most holds and charges: accurate, on-time export filing with proper party screening, and realistic scheduling that respects free-time windows. A documented compliance routine prevents the legal holds; planning and contract awareness prevent the carrier charges.
Shipment held and the charges climbing? Reidel Law Firm helps exporters resolve compliance holds and tighten filing and screening so the next shipment moves clean. Learn more about our international trade practice, or start with a flat-fee import/export compliance memo. Get an import/export compliance memo →
