Seizure

Seizure is the formal taking of merchandise into CBP custody as the precursor to a forfeiture proceeding. The primary statutory authority is 19 U.S.C. § 1595a, but seizure authority also exists under numerous other provisions (e.g., 19 U.S.C. § 1497 for non-declared articles, 19 U.S.C. § 1305 for prohibited merchandise, 22 U.S.C. § 7102 for forced-labor goods, and IP enforcement statutes).

Grounds for seizure under 19 U.S.C. § 1595a(c):

• Merchandise introduced contrary to law (importation in violation of any U.S. law, including UFLPA and AD/CVD evasion)
• Merchandise stolen, smuggled, or clandestinely imported
• Merchandise that is counterfeit, infringes a trademark, or violates copyright
• Merchandise transported, sold, or possessed contrary to any law

The seizure process:

1. Detention — CBP holds the merchandise at the port (initially up to 5 days, extendable while investigating)
2. Seizure — CBP formally takes custody, issues a Notice of Seizure to the importer under 19 CFR Part 162
3. The Notice describes the merchandise, the value, the statutory grounds, and the recipient's options
4. The recipient has 30 days to file a Petition for Remission (administrative process), request referral to court (judicial forfeiture), file an offer in compromise, or abandon the merchandise

Petition for Remission (19 CFR Part 171): The most common path. The petitioner argues for return of the merchandise or reduction in forfeiture consequences based on:

• Innocent owner status
• Reasonable care procedures
• Lack of intent or knowledge
• Cooperation with CBP
• Remedial measures

Judicial forfeiture: The matter is referred to the U.S. Attorney's Office and litigated in U.S. District Court under 18 U.S.C. § 983.

Distinction from civil penalty: Seizure targets the merchandise itself (in rem). A Section 1592 civil penalty targets the importer (in personam) for monetary damages. The same conduct can give rise to both — for example, a UFLPA-detained shipment can result in seizure/forfeiture of the goods AND a Section 1592 penalty against the importer.

For high-value seizures, the petition process and parallel penalty defense should be coordinated by customs counsel from the moment the Notice of Seizure is received.