Importers facing a U.S. Customs and Border Protection (CBP) detention must act quickly to protect their shipments, cash flow, and compliance record. A delay during the detention window can lead to seizure or exclusion proceedings, higher costs, and long‑term consequences for an importer’s CBP history.
Detention vs. Seizure and Exclusion
When CBP holds or detains goods, the clock starts running on strict regulatory deadlines. If an importer does not resolve issues during the detention phase, CBP may move to seize the goods or exclude them from entry, which dramatically increases time, cost, and risk. The difference between release during detention versus after seizure can mean:
- Significant storage, demurrage, and related fees.
- A tarnished CBP import record and potential future targeting.
- In some cases, exposure to civil penalties.
CBP regulations set firm timelines for when held goods become “detained” and when detained goods are deemed “excluded” by operation of law, both of which can be challenged through administrative protests. See 19 C.F.R. § 151.16(b), (f).
What Happens When CBP Holds Cargo
When CBP holds cargo for intensive examination, it is typically moved to a Centralized Examination Station (CES), a privately operated facility where the local port’s Trade Enforcement Team (TET) conducts inspection and testing. See 19 C.F.R. Part 118. CBP generally has 5 days from the time the goods are made available at CES to decide whether to detain or release the shipment. See 19 C.F.R. § 151.16(b).
If CBP does not make an admissibility decision within that 5‑day window, the shipment is automatically considered detained by operation of law. See 19 C.F.R. § 151.16(b). From there, importers are operating under a much tighter timeline and must respond strategically to avoid exclusion or seizure.
The 30‑Day Detention Clock
Once a shipment is detained, CBP has up to 30 days from the date of detention to either release the goods or seize them; if neither occurs within that timeframe, the goods are deemed excluded from entry by operation of law. See 19 C.F.R. § 151.16(f). During this 30‑day period, an importer’s actions can make the difference between timely release and a costly, year‑long seizure case.
Understanding what CBP is reviewing—and what evidence CBP needs—allows an importer to:
- Reduce storage and demurrage fees by accelerating release.
- Avoid seizure, exclusion, and the need for prolonged administrative or judicial challenges.
- Protect ongoing supply chains and customer relationships.
Notice of Detention: Your Roadmap
When CBP detains goods, it must issue a written Notice of Detention within 5 days of the detention date. See 19 C.F.R. § 151.16(c). In practice, notices are often delayed, incomplete, or not issued at all, leaving importers uncertain about who at CBP is handling the case and why the shipment is on hold.
By regulation, a proper Notice of Detention should identify, among other things:
- The specific reason for detention (for example, an intellectual property or safety concern).
- The anticipated length of detention.
- The nature of tests or inquiries CBP plans to conduct.
- The type of information the importer can provide to help resolve the detention. See 19 C.F.R. § 151.16(c).
Having experienced customs counsel quickly identify the correct CBP point of contact, obtain a compliant Notice of Detention, and clarify the basis for the hold can save days or weeks and significantly reduce costs.
Trademark and IP Detentions
A common detention scenario involves alleged intellectual property (IP) violations, such as counterfeit goods or unauthorized use of a CBP‑recorded trademark. If CBP detains goods as “counterfeit” under 19 C.F.R. § 133.21 or 19 C.F.R. § 1526(e), the notice should identify the specific trademark at issue.
In many cases, importers can:
- Provide evidence of a valid license or authorization from the trademark owner to secure release.
- Work with counsel to negotiate with the rights holder and CBP if the license was not obtained before importation.
- Escalate the matter, when appropriate, to CBP import specialists at the relevant Center of Excellence and Expertise (CEE), who often play a key role in release decisions.
Automated CBP Detention Notices and ACE
In 2024, CBP announced the automation of CBP Form 6051D (Notice of Detention) for detentions of cargo filed in ACE, including detentions under the Uyghur Forced Labor Prevention Act (UFLPA). Under this process, CBP issues electronic detention notices through ACE, which can streamline communication but also means importers must closely monitor ACE and broker communications to avoid missing critical deadlines.
For importers, this automation makes it even more important to: (1) ensure ACE and broker contact information is current; (2) promptly review any CBP 6051D notices issued electronically; and (3) engage counsel quickly in UFLPA‑related detentions, where the evidentiary and supply‑chain documentation burdens are higher than in many traditional detention scenarios.
Why Acting Quickly Matters
From the moment CBP holds goods, the burden falls on the importer to move fast and strategically. Key best practices include:
- Promptly confirming whether a detention has been placed and obtaining the Notice of Detention.
- Submitting targeted documentation and explanations that address CBP’s stated concerns.
- Requesting reasonable extensions when additional time is needed to gather supporting evidence.
If the importer does not act, the matter can slide into seizure or exclusion, triggering a lengthy administrative process, increased storage fees, and possible penalties. In many cases, early engagement with experienced customs counsel helps importers resolve detentions, avoid seizures, and protect their business from costly disruption.
Our customs and international trade team regularly advises importers on CBP holds, detentions, seizures, exclusions, and related protests, and can assist in developing a prompt, tailored strategy to secure release and mitigate risk.
