Do not panic if your cargo is held. Distinguish "Detention" from "Seizure" first — the handling actions are completely different, and one wrong step can mean a much longer wait.
First, Distinguish "Detention" from "Seizure"
Detention: CBP temporarily withholds release, pending additional documents or investigation; it may be released once the issue is resolved.
Seizure: CBP has determined a violation and formally starts forfeiture proceedings, which must be handled through legal channels.
The handling approach and timeline differ greatly between the two. The first step is to find out which one applies.
CBP issues different types of hold orders through the system; the specific type is interpreted by the customs broker.
Common Reasons for Cargo Being Held
| Reason | Typical Situation |
|---|---|
| False declaration | Commodity name, quantity, value or origin does not match the actual goods |
| Missing certification | Documents such as FDA, FCC or CPSC are missing |
| Intellectual property | Suspected infringement, no brand authorization |
| Anti-dumping / countervailing | Product falls within AD/CVD scope |
| ISF issues | Late filing, missed filing, incorrect information |
How Responsibility Is Divided
False declaration, missing certification, infringement: responsibility lies with the importer / seller.
Operational error in customs filing: responsibility lies with the customs broker, handled per contract.
Concealed goods discovered in transit: determined by the actual responsible party.
When responsibility cannot be assigned, resolve release first, then divide costs per contract.
Handling Process: Who Does What
Step one: confirm the hold type and reason; the customs broker notifies the seller within 1 business day.
Step two: the seller prepares remedial materials, such as corrected documents, certifications or brand authorization.
Step three: the customs broker submits the response and additional documents to CBP and applies to lift the detention.
Step four: wait for CBP's decision — release, request for more materials, or transfer to formal seizure.
Step five: if transferred to seizure, the importer may choose to appeal, apply for return shipment, or abandon the goods.
How to Read the Timeline
Detention to release: no fixed number of days; it depends on how fast the seller supplies documents and how fast CBP completes its review.
Transfer to seizure: a longer cycle involving legal proceedings, subject to CBP and the relevant procedures.
One rule always holds: the faster the seller supplies documents, the earlier the release.
Costs and Losses
While the cargo is held, demurrage, detention, storage and drayage fees accrue.
Return shipment and destruction are billed separately; amounts are subject to the contract and the carrier's tariff.
These costs are borne by the responsible party per contract; the cargo owner usually pays first and seeks recovery later.
Preventive Steps Sellers Can Take in Advance
Keep documents truthful and consistent; do not under-declare, conceal or falsely declare commodity names.
For categories requiring certification, obtain the certification documents in advance and keep the receipts.
Do not touch infringing products, and keep brand authorization documents on hand.
Before shipping, check whether the product falls under AD/CVD.
File ISF per CBP requirements, 24 hours before vessel loading.
