CBP Seizures, Forfeitures, & Importer Remedies for Counterfeit Goods: What Businesses Can Do

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When U.S. Customs and Border Protection (CBP) determines that a shipment violates trademark or copyright laws, the agency will issue a formal seizure. A seizure is a serious enforcement action that requires the importer to make important decisions in a short timeframe. The Notice of Seizure sent to the importer explains what was seized, the legal basis for the seizure, and the intellectual property rights involved. Importers may request images of the goods or, if they post a bond, a physical sample to help them evaluate the case.

Rights holders receive detailed information following a seizure in cases involving counterfeit or piratical goods. This information includes the date of importation, the port where the goods arrived, a description of the goods, the quantity seized, the country of origin, and the names and addresses of the manufacturer, exporter, and importer. This level of transparency allows rights holders to investigate the source of the unauthorized merchandise and consider additional enforcement actions if necessary.

Importers have several remedies after a seizure. They may choose to abandon the goods, which ends the matter without further action, though the goods will be forfeited and disposed of by CBP. Alternatively, an importer may file a Petition for Relief challenging the seizure. To succeed, the importer must provide evidence demonstrating that the goods are not violative. If the petition is denied, the importer may file a Supplemental Petition for Relief, offering additional arguments or documentation.

Many petitions fail because importers do not fully understand what CBP requires or because the supporting evidence does not meet CBP’s legal standards. Delays in responding, incomplete arguments, and misinterpretations of the relevant intellectual property laws often lead to unfavorable outcomes. In some cases, even goods that were released may be subject to a demand for redelivery if CBP later determines that a violation occurred.

If you or your business has received a seizure notice, penalty notice, detention notice, or any other enforcement action from CBP, our firm can help. Give our office a call today at (917) 546-6997 or schedule an intake meeting, we would be happy to speak with you.

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