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.
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.
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 (30) 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 and Information to Claimants Form Non-CAFRA or Form CAFRA. It will provide the reasons for the seizure and options available.
Our firm regularly assists with getting property in the detention phase released.
What is CBP Form 6051D?
CBP Form 6051D, also known as the Customs Declaration, is a mandatory form that needs to be filled and presented by all travelers entering and leaving the United States, whether by air, sea, or land. The form is used by CBP officials to screen passengers and identify any undeclared or prohibited items such as food, agricultural products, currency, weapons, and drugs, among others. Failure to complete or falsify the form is a criminal offense punishable by law.
What happens when detained?
When detained, a CBP official will hand you the Customs and Border Protection Forms 6051D, which explains the reasons for your detention. The form contains an explanation of the law and your rights as a detainee, including access to legal representation, medical care, and consular assistance if you are a foreign national. You will also be asked to provide additional information on the items you are carrying, such as their origin and value, and the purpose of your trip. Depending on the severity of the offense, you may also be subject to an inspection of your baggage, vehicle, or person and be required to answer questions related to your immigration status.
How long can detention take?
The length of your detention can vary depending on the type of offense, the evidence collected, and the cooperation of the detainee. For minor offenses such as failure to declare fruits or vegetables or carrying excess cash, the detention period can last between a few minutes to a few hours. However, for more serious offenses such as drug trafficking or providing false information on your declaration form, the detention period can last between several hours to several days, and may result in fines, imprisonment, or deportation.
How to prevent detention?
The best way to avoid detention and the stress associated with it is to be truthful, accurate, and thorough while filling your Customs and Border Protection Forms 6051D. Make sure to declare everything you are carrying, including gifts, souvenirs, and food items. Additionally, read and understand the instructions on the form before filling it out, and ask a CBP official if you need any clarification. Finally, have a valid passport or visa and ensure you are not carrying anything that is prohibited in the country you are visiting.