Customs Attorney, Customs Law Firm Insights: Defending Against CBP Seizures

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Introduction

Every day, goods enter the United States through ports, airports, and border crossings. While most shipments clear customs without issue, some get stopped and seized by U.S. Customs and Border Protection (CBP). These seizures can result from documentation errors, misclassified products, prohibited goods, or unpaid duties. For businesses, such seizures are costly and disruptive. That’s where a customs attorney and a customs law firm step in to provide timely support and effective legal strategies.

By understanding the reasons behind CBP actions and how legal experts help navigate them, importers can protect their products and avoid long-term damage to their business operations.


What Is a CBP Seizure?

A CBP seizure occurs when customs officials detain goods suspected of violating U.S. import laws. Seizures may involve items believed to be improperly declared, restricted, or in violation of intellectual property rights. Once seized, these goods cannot be sold, distributed, or reclaimed until legal issues are resolved.

Common Reasons for Seizure:

  • Mislabeling or misclassification of products

  • Violations of FDA, EPA, or USDA regulations

  • Intellectual property infringement (e.g., counterfeit goods)

  • Incorrect valuation or underreporting of goods

  • Entry of banned or restricted items

When such issues arise, prompt legal action is critical. A customs attorney plays a key role in managing these cases and fighting for the return of the seized goods.


The Role of a Customs Attorney in Seizure Cases

A customs attorney specializes in U.S. import and customs laws. These legal experts represent individuals and businesses when their goods are seized or delayed by CBP. Their knowledge of seizure procedures, legal timelines, and appeal processes makes them essential in recovering detained shipments.

What They Do:

  • Analyze the CBP seizure notice

  • Draft and file a petition or offer in compromise

  • Communicate directly with CBP officers and legal staff

  • Identify errors in classification, valuation, or documentation

  • Represent the client in court or during settlement negotiations

By intervening early, a customs attorney increases the chances of recovering goods and avoiding future seizures.


How a Customs Law Firm Supports the Process

A customs law firm offers a team-based approach. It typically consists of experienced attorneys, trade consultants, and compliance specialists. Together, they create a well-rounded strategy to defend clients and manage seizure-related complexities.

Services Provided by a Customs Law Firm:

  • Full legal review of customs documents and records

  • Drafting of detailed legal petitions and supplemental evidence

  • Product classification and valuation corrections

  • Risk assessment and compliance audits

  • Ongoing legal representation in seizure disputes or litigation

Their experience across industries—such as electronics, fashion, pharmaceuticals, and food products—allows them to provide tailored support.


Steps to Take After Receiving a Seizure Notice

CBP issues a "Notice of Seizure and Information for Claimants" to inform importers of the reason for detention. Responding properly and within deadlines is crucial to avoid permanent loss of goods.

Immediate Actions:

  • Do not ignore the notice. Silence can lead to forfeiture.

  • Contact a customs attorney immediately. Early legal advice improves outcomes.

  • Gather all documents. Include invoices, packing lists, and entry summaries.

  • Understand the deadline. Petitions must typically be filed within 30 days.

  • Stay transparent. Be honest about mistakes or oversights in declarations.

Delays or errors in response reduce the chance of recovering your goods.


Legal Options to Resolve a Seizure

A customs attorney can guide importers through several legal routes to resolve a CBP seizure. The choice depends on the nature of the case and the importer’s objectives.

Available Legal Remedies:

  • Petition for remission or mitigation: Requests the return of goods or a reduced penalty.

  • Offer in compromise: Settles the matter by offering a negotiated payment.

  • Claim and cost bond: Moves the case to federal court if a legal defense exists.

  • Supplemental petition: Provides new evidence or corrections after an initial denial.

Each option requires careful legal strategy and supporting documentation.


Preventing Future Seizures Through Compliance

While defending against CBP actions is important, prevention is equally vital. A customs law firm helps businesses build better internal systems to avoid repeat issues.

Compliance Strategies:

  • Regular training for shipping and compliance teams

  • Accurate product classification and valuation reviews

  • Use of licensed customs brokers with legal oversight

  • Up-to-date knowledge of restricted and regulated products

  • Legal review of entry forms and commercial invoices

With proper guidance, importers can maintain smoother trade operations and reduce legal exposure.


Real-World Example of Legal Support

A California-based apparel company faced seizure of goods due to alleged trademark infringement. The client claimed they had proper licensing for the products. A customs attorney reviewed the documents, proved the licensing agreement’s validity, and filed a strong petition with CBP.

Within weeks, the goods were released and allowed into commerce. Additionally, the customs law firm helped update the company’s future shipping documentation to avoid similar issues.


Why Early Legal Support Makes a Difference

When goods are seized, time is of the essence. CBP follows strict deadlines, and delays in response can lead to permanent forfeiture. A customs attorney not only protects against immediate loss but also identifies patterns that could create legal risk over time.

By working closely with a customs law firm, businesses benefit from long-term legal planning, clear documentation, and a defense strategy ready when needed.


Conclusion

CBP seizures can disrupt supply chains, cost thousands in lost inventory, and damage reputations. But with proper legal guidance, these challenges can be handled swiftly and effectively. A customs attorney and a customs law firm provide the expertise, strategy, and support importers need to defend their rights, recover seized goods, and strengthen their future compliance.

For any business involved in global trade, legal preparation isn’t optional—it’s essential for smooth, secure cross-border operations.

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