What happens if CBP seizes merchandise imported into the United States? After reviewing the entry documents, a CBP import specialist might detain the merchandise for:
- suspected trademark violations;
- 19 U.S.C. § 1526(e), which prohibits the importation of merchandise bearing a counterfeit trademark;
- suspected intellectual property rights violations; or
- country of origin violations.
After the seizure for forfeiture of imported merchandise, a CBP import specialist might sent a letter to the Claimant at the address listed on the entry documents, informing them that the merchandise was detained. The notice explained that the Claimant can provide, within a specific time period, documentation supporting any showing that the merchandise does not constitute a violation of federal law.
If CBP’s Fines, Penalties, and Forfeitures Office believes the violation occurred, it will send the Claimaint Notice of Seizure (“Seizure Notice”) and Election of Proceedings forms indicating that the merchandise was seized and subject to forfeiture pursuant to applicable provisions of federal law.
The Seizure Notice advises the claimant that it was required to respond by making a petition for remission from forfeiture under 19 U.S.C. § 1618 by:
- making an offer in compromise;
- abandoning the property; or
- submitting a request for judicial forfeiture.
The Seizure Notice also indicated that if Plaintiff took no action, CBP could seek to forfeit the property 30 days after the date of the Seizure Notice by publishing a notice of seizure and intent to forfeit for 30 consecutive days, after which time the United States would acquire full title to the seized property.
CBP will also publish the seizure notice and intent to forfeit pursuant to 19 U.S.C. § 1607 and 19 C.F.R. § 162.45. The published notice instructs anyone with a legal claim to the imported merchandise to respond within 30 days by filing a claim or petition for remission from forfeiture with CBP.
If the property is improperly damaged during the forfeiture proceeding, the claimant can file an SF-95 administrative claim for property damage with CBP, demanding money as compensation for the destroyed goods. The claim might be denied by CBP under 28 U.S.C. § 2675.