What is Notice of Detention?
Customs is given broad authority to inspect shipments entering into the country. When Customs questions the admissibility of goods into the United States, Customs has the authority to detain the shipment until satisfactory information is provided to enable release. Customs has five (5) business days from the date on which the merchandise is presented for examination to decide whether or not to detain the merchandise or to allow its release. If Customs decides to detain a shipment, they must provide the importer with a formal Notice of Detention within five (5) days of the determination to detain the shipment. During the detention phase the importer has the opportunity to resolve any issues as to admissibility in order to avoid a rejection or seizure.
Why is Customs issuing Notices of Detention?
Goods may be detained by CBP for a variety of reasons, including:
- Suspected violation of U.S. laws and regulations: If CBP suspects that the imported goods may violate U.S. laws and regulations, such as intellectual property rights, safety standards, or trade regulations, they may detain the goods for further investigation.
- Documentation issues: If there are issues with the import documentation, such as missing or incorrect information, CBP may detain the goods until the documentation is corrected.
- Physical inspection: CBP may detain goods for physical inspection if they suspect that the goods may contain prohibited or illegal items, such as drugs or weapons.
What information will the Customs Detention notice contain?
A Notice of Detention must provide the following information under the law:
- That the goods have been placed under detention;
- The precise reason for their detention;
- The estimated length of time that they will be detained;
- A description of any inquiries being conducted or tests to be made (legally, test results also must be promptly provided to the importer) regarding the goods; and
- Any additional information that may assist in the prompt disposition of the detention.
How to respond to Customs detention notice
If you receive a Customs Detention Notice, it’s important to act quickly and respond promptly. You should review the notice carefully and ensure that you understand the reason for the detention and the instructions for how to respond.
In general, you will need to provide CBP with additional information or documentation to address the reason for the detention. For example, if the detention was due to a documentation issue, you may need to provide corrected import documentation. If the detention was due to suspected violations of U.S. laws and regulations, you may need to provide evidence to demonstrate compliance.
If you are unsure about how to respond to a Customs Detention Notice, it’s recommended that you work with an experienced customs broker or attorney who can help you navigate the process and ensure that you comply with U.S. laws and regulations.
What if I need more time to respond to the detention?
Customs has thirty (30) days to render a decision regarding the detained shipment, unless a longer time period has been granted. If no final decision is reached at the end of this thirty day period, the merchandise is automatically considered excluded for purposes of protest. If the goods are seized, the importer will receive a notice of seizure. It will provide the reasons for the seizure and options available to the importer.
What happens if I don’t respond?
If you are unsure about how to respond to a Customs Detention Notice, it’s recommended that you work with an experienced customs broker or attorney who can help you navigate the process and ensure that you comply with U.S. laws and regulations.
May I request a hearing under Administrative Procedure Act rules?
The Administrative Procedure Act (APA) rules apply to customs detention cases. When a shipment is detained by U.S. Customs and Border Protection (CBP), the importer or consignee may have the right to request a hearing under the APA to challenge the detention. Under the APA, individuals who are adversely affected by an agency action have the right to request a hearing before the agency. In the case of a customs detention, this means that the importer or consignee may request a hearing to challenge the detention of their shipment.
What is a “hearing”?
A hearing is a legal proceeding in which parties present evidence and arguments before a judge or administrative panel in order to resolve a dispute or issue. Hearings may be formal or informal, and may take place in a courtroom or in an administrative hearing room. In a hearing, the parties involved typically have the opportunity to present evidence and testimony to support their position, as well as to cross-examine the evidence and testimony presented by the other side. The judge or administrative panel may also ask questions of the parties and witnesses in order to clarify issues and gather additional information.
To request a hearing under the APA in a customs detention case, the importer or consignee must typically submit a written request to CBP within a certain timeframe and provide specific information about the nature of the dispute or issue. CBP will then review the request and may schedule a hearing to consider the evidence and arguments presented by both sides.
Conclusion –
In summary, a Customs Detention Notice is a document issued by U.S. Customs and Border Protection to inform the importer or consignee that their imported goods have been detained for further inspection or investigation. If you receive a Customs Detention Notice, it’s important to act quickly and respond promptly to address the reason for the detention. Working with an experienced customs broker or attorney can help you navigate the process and ensure that you comply with U.S. laws and regulations.
Resource Information
For more information about this blog post, please contact Abady Law Firm, P.C. and speak with our customs attorney at (800) 549-5099. Also visit www.customsesq.com to chat with a customs lawyer — who has insight into CBP Detentions — about your company’s import situation and to schedule a consultation. To chat with us, click the bottom right corner tab of our homepage.
