When a shipment gets stuck at the U.S. border, most importers want answers fast. What happened? How long will it take? And, most importantly, what do you need to do to get your goods moving again?
The answer depends on whether your shipment is under a hold or exam, formal detention, or seizure. These are three very different situations, and knowing which one applies to your shipment can make a real difference to your next steps.
A customs hold or exam, is usually a temporary pause for review. A detention is a formal action that starts a 30-day decision period. A seizure means U.S. Customs and Border Protection has taken legal custody of the goods because it believes they may be subject to forfeiture.
The good news is that most holds do not turn into seizures. Many are resolved once CBP receives the information it needs or completes an examination. Still, if you have received a formal notice, it is important to understand what it means and whether a deadline is already running.
When goods arrive at a U.S. port of entry, U.S. Customs and Border Protection (CBP) has authority under 19 CFR Part 151 and 19 CFR Part 162 to detain or seize merchandise when there is a question about its admissibility or compliance. The process can range from a routine inspection to a formal enforcement action, and each stage comes with different timelines and options.
This guide breaks down what happens at each stage, what notices you may receive, what costs can arise, and when a customs broker can help versus when it may be time to speak with a customs attorney.
The Three Stages of CBP Intervention
The three main stages are hold or exam, detention, and seizure. Each represents a different level of CBP intervention.
In some cases, a shipment moves through these stages progressively. It may begin with a routine hold or examination. If CBP’s concerns are not resolved, the merchandise may be formally detained. If CBP later determines that the goods are subject to forfeiture, it may seize them.
That said, not every hold becomes a detention, and not every detention becomes a seizure.
Hold or Exam: The Routine Pause
A hold or exam is generally the least serious of the three stages. Your shipment has been paused because CBP, or sometimes another government agency, needs to review information or inspect the goods.
That does not automatically mean there is a problem with your shipment. Goods can be selected for review for several reasons, including documentation questions, classification or valuation issues, product-specific requirements, targeting criteria, or a routine examination.
The outcome you are looking for is May Proceed, which means the relevant authority has completed its review and the shipment can continue through the import process.
Detention: The Formal 30-Day Hold
A detention is a formal CBP action that gives the agency up to 30 days to release, seize, or exclude the merchandise.
Detention is more serious than a routine exam because it places the shipment into a defined legal process. Under 19 CFR 151.16, CBP has a specific decision period after merchandise is formally detained.
During that time, the importer may need to provide documents or other evidence addressing the reason for the detention.
If CBP does not release or seize the goods within the applicable period, the merchandise may be deemed excluded by operation of law under 19 CFR 151.16(f).
Seizure: Legal Custody
A seizure means CBP has taken legal custody of merchandise that it believes may be subject to forfeiture.
This is the most serious of the three stages. Seizures fall under the enforcement and forfeiture framework in 19 CFR Part 162.
At this point, the issue is no longer simply about providing a missing invoice or waiting for an exam to finish. The importer needs to review the Notice of Seizure, understand the available options, and pay close attention to the deadlines.
How to Tell Which Stage You Are At
A shipment delay does not automatically mean the goods have been formally detained or seized.
Ask your customs broker, carrier, warehouse, or CBP contact for the exact status of the shipment and request copies of any notices that have been issued. The terminology matters. A shipment waiting for an exam is in a very different position from one covered by a Notice of Detention or Notice of Seizure.
If you have received a CBP Form 6051D, a Notice of Detention, or a Notice of Seizure, review it carefully and confirm any deadlines right away.
Holds and Exams: The Routine Pause
A customs hold usually means CBP or another government agency needs to review the shipment before allowing it to move forward.
A hold can happen for many reasons. CBP may need to verify entry documents, inspect the physical goods, confirm that the shipment matches what was declared, or review a question about admissibility.
What Triggers a Hold?
Common triggers include questions about tariff classification, customs value, country of origin, documentation, or product admissibility.
A shipment may also be selected based on CBP’s targeting and enforcement processes. Repeated compliance issues can lead to greater scrutiny over time, which is one reason it is worth investigating recurring holds rather than treating them as isolated incidents.
If your shipment is on hold, avoid sending a stack of unrelated documents in the hope that something will resolve the issue. First, find out what CBP is questioning. Then provide documents that directly address that concern.
The Four Exam Types
CBP exams can range from a straightforward paperwork review to a detailed physical inspection of the cargo.
A document review focuses on records such as the commercial invoice, packing list, certificates, or other entry documents.
A non-intrusive inspection may use technology such as an X-ray or gamma scan to inspect the cargo without fully unloading it.
A tailgate exam generally involves opening the shipment or container so the goods can be visually inspected.
An intensive exam, sometimes involving devanning, is a more detailed physical inspection that may require cargo to be unloaded and examined.
The more extensive the exam, the more likely it is to add time and costs to the shipment.
The Centralized Examination Station
Some cargo examinations take place at a Centralized Examination Station (CES). Depending on the shipment and port, the cargo may need to be transported to the facility, handled, and made available for inspection.
Those steps can result in transportation, handling, storage, and examination-related charges.
May Proceed and Typical Timelines
There is no standard timeline for every customs hold. A document review may be completed relatively quickly, while an intensive exam can take longer depending on the port, cargo volume, the type of goods, and whether another government agency is involved.
Once the required review is complete and the shipment meets the applicable requirements, the result may be May Proceed.
Who Pays for the Exam?
Customs exam fees are generally charged by the examination station, warehouse, or another service provider, not by CBP itself.
The importer may also be responsible for transportation, handling, storage, and other costs caused by the delay. The longer a shipment sits unresolved, the more those charges can add up.
If CBP’s concerns cannot be resolved during the normal review process, the shipment may move into formal detention.
Detention: The 30-Day Clock Starts
A detention is a formal CBP action that starts a decision period during which CBP may release, seize, or exclude the merchandise.
The detention framework is set out in 19 CFR Part 151.
A formal detention means CBP has identified an issue that requires more than an ordinary examination. The importer should find out exactly what CBP is questioning and work with the customs broker to provide the information requested.
The Notice of Detention and Form 6051D
CBP may communicate detention information through the applicable notice process, including CBP Form 6051D in the electronic notification process.
The notice matters because it identifies the action taken and can help clarify what information or evidence CBP is looking for.
Do not rely only on a verbal explanation from a warehouse or carrier. Get the actual notice or written confirmation of the shipment’s status and keep track of the relevant dates.
The 30-Day Decision Window
Once a shipment is detained, CBP has up to 30 days from the date of detention to release, seize, or exclude the goods.
This is commonly known as the CBP 30-day rule under 19 CFR 151.16.
If CBP does not take the required action within that period, the merchandise may be deemed excluded by operation of law under 19 CFR 151.16(f).
The important thing is not to treat those 30 days as a waiting period. If CBP has asked for information, respond as quickly as possible and make sure the documents address the actual reason for the detention.
The Importer’s Burden to Respond
A detention usually calls for a more focused response than a routine hold.
Depending on the issue, CBP may ask for commercial documents, product information, supply-chain records, certificates, test reports, proof of origin, or other evidence.
The best response is one that answers the question being asked. If CBP is questioning origin, provide documents that support origin. If the issue involves admissibility, provide the evidence relevant to the applicable requirement.
Your customs broker can help coordinate documentation and communication related to the entry. However, when a matter involves seizure, forfeiture, penalties, or significant legal exposure, a broker is not a substitute for legal counsel.
Requesting Extensions
Sometimes an importer needs additional time to obtain records or respond to CBP’s concerns. Any request related to timing should be made promptly and based on the specific circumstances of the case.
Do not assume an extension will be granted automatically. Confirm what is required and keep a record of any communication about deadlines.
If CBP ultimately decides that the goods are subject to forfeiture, the matter may escalate from detention to seizure.
Seizure: CBP Takes Legal Custody
A seizure means CBP has taken legal custody of merchandise because it believes the goods are subject to forfeiture.
Seizures fall within the enforcement framework of 19 CFR Part 162 and related customs laws.
A seizure is not simply a customs hold that has lasted too long. It is a formal enforcement action with its own notice, deadlines, and procedures.
The Notice of Seizure
If your goods are seized, you should receive a Notice of Seizure explaining the action and the procedures available to you.
Read the notice carefully. Deadlines can affect your rights and options.
Depending on the circumstances, the matter may be handled through CBP’s Fines, Penalties, and Forfeitures (FP&F) process.
Your Four Options
After receiving a Notice of Seizure, an importer may generally consider four paths:
- File a petition
- Submit an offer in compromise
- Request court action
- Allow administrative forfeiture
A petition generally asks CBP to reconsider the circumstances and, where appropriate, grant remission or mitigation. An offer in compromise may involve a proposed settlement. Requesting court action moves the dispute into a judicial process. Allowing administrative forfeiture means choosing not to challenge the seizure through the available process.
After a Notice of Seizure, an importer generally has 30 days to file a petition, submit an offer in compromise, request court action, or allow administrative forfeiture.
Because the right option depends heavily on the facts, the value of the goods, and the alleged violation, it may be appropriate to speak with a customs attorney before deciding how to proceed.
The Cost Bond for Court Action
The brief specifies a cost bond for court action of 10% of the value of the goods or $5,000, whichever is less.
Because seizure procedures involve legal rights and strict deadlines, importers should review the requirements that apply to their specific notice rather than relying on general information alone.
Storage Fees During Seizure
A seizure does not necessarily stop costs from accumulating.
Goods may be transferred to a bonded warehouse, and storage-related charges can continue while the matter is pending. If the case takes time to resolve, those costs may become an important part of the decision about whether and how to pursue the matter.
Exclusion: Deemed Excluded by Operation of Law
If CBP does not release or seize detained merchandise within the applicable 30-day period, the goods may be deemed excluded by operation of law under 19 CFR 151.16(f).
Exclusion and seizure are not the same thing.
A seizure means CBP has taken legal custody of goods it believes are subject to forfeiture. An exclusion means the merchandise is not allowed to enter the United States.
What Happens After 30 Days With No Decision?
Under 19 CFR 151.16(f), merchandise may be deemed excluded by operation of law when the applicable detention period expires without release or seizure.
This is why the date of detention matters. Keep clear records of when the detention began, what CBP has requested, and when you responded.
The Difference Between Exclusion and Seizure
The consequences can be very different.
With an exclusion, the central issue is that the goods cannot be admitted into the United States. With a seizure, CBP has taken legal custody of the merchandise as part of a forfeiture-related enforcement process.
The available procedures are therefore different.
Protest Rights
The brief identifies protest rights as a relevant consideration following an exclusion. If your shipment is excluded, review the decision and the applicable procedural deadlines carefully before deciding how to proceed.
Not every shipment issue begins with CBP alone. Some delays are caused by another federal agency that has authority over the product.
PGA Holds: FDA, USDA, and CPSC
A Partner Government Agency hold occurs when another federal agency must review or clear the shipment before it can move forward.
CBP works with several Partner Government Agencies (PGAs). Depending on the product, a shipment may also be reviewed by agencies such as the Food and Drug Administration (FDA), U.S. Department of Agriculture (USDA), or Consumer Product Safety Commission (CPSC).
How PGA Holds Differ From CBP Holds
A PGA hold can occur because the imported product falls under another agency’s authority.
In these cases, resolving the customs entry alone may not be enough. The relevant agency may require additional documents, testing, inspection, or other evidence before it clears the goods.
FDA Holds
The FDA may be involved with products such as food, cosmetics, medical devices, and drugs.
The exact requirements depend on the product and the reason for the hold. The first step is to identify what the FDA is questioning rather than assuming a standard customs document will resolve the problem.
USDA Holds
The USDA may be involved with agricultural products, plant or animal-related materials, and issues such as wood packaging.
These shipments may be subject to inspection and product-specific admissibility requirements.
CPSC Holds
The CPSC may become involved when imported consumer products raise safety or compliance concerns.
The importer may need to provide documentation or other evidence showing that the product meets the applicable requirements.
Getting a May Proceed
The goal is to satisfy the relevant agency’s requirements so the shipment can receive the appropriate release or May Proceed outcome.
The importer, broker, carrier, and relevant agency should stay coordinated throughout the process. Incomplete or conflicting information can create unnecessary delays.
UFLPA Detentions: A Growing 2026 Category
UFLPA detentions often require far more detailed supply-chain evidence because the law applies a rebuttable presumption to certain goods and supply-chain connections.
The Uyghur Forced Labor Prevention Act (UFLPA) has become a major enforcement concern for importers whose products or materials may fall within its scope.
The brief identifies UFLPA detentions as an important growth category in 2026 and highlights the higher evidentiary burden compared with many traditional detention matters.
The Rebuttable Presumption
A rebuttable presumption means the importer may have to provide affirmative evidence addressing the forced-labor concern.
In practical terms, supply-chain visibility matters. Importers may need to show where materials came from, who produced them, and how the finished product moved through the supply chain.
Why These Detentions Are Increasing
UFLPA enforcement has placed greater attention on traceability and supply-chain documentation. For some importers, standard commercial records are not enough to establish the full origin and production history of the goods.
The Higher Documentation Burden
Importers may need records connecting suppliers, manufacturers, production facilities, raw materials, and finished goods.
The challenge is not simply collecting documents. The records need to tell a clear and consistent story about the supply chain and address the concern raised by CBP.
Cotton, Tomato, and Polysilicon
The brief specifically identifies cotton, tomato, and polysilicon as key product and material areas of focus.
If a detention involves UFLPA issues, the amount of evidence required and the potential consequences may justify involving a customs attorney early, alongside the broker handling the operational side of the entry.
The Notices You Receive and Why ACE Contact Information Matters
The notice you receive can tell you what stage your shipment has reached and what deadline you may be working against.
Relevant documents can include CBP Form 6051D, a Notice of Detention, and a Notice of Seizure.
Form 6051D
The brief identifies CBP Form 6051D as part of the electronic detention notice process.
As customs communications increasingly move through electronic systems, importers need to make sure the appropriate contact information is current.
Notice of Detention
A Notice of Detention means the shipment has moved beyond an ordinary exam and is now subject to formal detention.
Record the date, identify the issue CBP has raised, and begin preparing a focused response as soon as possible.
Notice of Seizure
A Notice of Seizure signals a more serious enforcement action and should be reviewed carefully for the available procedures and deadlines.
This is often the point where the issue may go beyond the normal role of a customs broker.
Keeping ACE and Broker Contact Information Current
The Automated Commercial Environment (ACE) is an important part of the electronic customs process.
Make sure relevant contact information is current and that your internal team and customs broker have a clear process for handling notices. Missing an electronic notification can create delays and, in some cases, lead to a missed deadline.
The Costs at Each Stage
The longer a shipment remains unresolved, the more expensive the problem can become, even if the goods are eventually released.
The value of the goods is only part of the equation.
Storage and Demurrage
Storage charges may continue while cargo remains in a warehouse or bonded facility. Depending on the transportation and port arrangements, demurrage or other delay-related charges may also apply.
These costs can become substantial if a shipment remains unresolved for an extended period.
Exam Fees
Examination-related charges can include handling, transportation, unloading, inspection support, and facility fees.
As noted earlier, these charges are generally imposed by the examination station or warehouse, not CBP itself.
The Cost of Delay
A delayed shipment can affect inventory, customer orders, production schedules, and cash flow.
At some point, the cost of pursuing a dispute may exceed the value of the merchandise. This is particularly important in seizure cases, where storage and legal costs may need to be weighed against the potential value of recovering the goods.
What to Do at Each Stage
Start by confirming the stage, getting the official notice or status, identifying the deadline, and responding directly to the issue that triggered the action.
Confirm the Stage and Get the Notice
Do not rely on vague updates such as, “Customs has your shipment.”
Ask whether the goods are under an exam, a hold, formal detention, PGA review, exclusion, or seizure. Request the relevant written documentation.
Respond Within the Clock
A deadline can start before an importer fully understands how serious the issue is.
As soon as you receive a formal notice, confirm the date, identify the response deadline, and determine exactly what information is being requested.
Provide Targeted Documentation
More paperwork is not always better.
Your response should match the issue. If CBP is questioning classification, provide information that supports the classification. If the concern involves origin or supply chain, provide records that establish those facts.
A focused, well-organized response is usually more useful than sending every document connected to the shipment.
Work With Your Customs Broker
A customs broker can help manage the operational side of the import process, coordinate entry documentation, communicate about customs procedures, and identify the information needed to address a hold or detention.
Brokers can be particularly helpful with holds, examinations, and documentation-driven detentions.
When to Escalate to a Customs Attorney
Clearit is a customs brokerage, not a law firm.
A customs attorney may be appropriate when the matter involves a seizure, potential forfeiture, UFLPA enforcement, significant penalty exposure, a high-value shipment, or another issue that requires legal representation.
A customs broker can manage the operational and documentation side of an import issue. When the matter becomes a legal dispute involving seizure, forfeiture, penalties, or litigation, legal counsel may be necessary.
How to Prevent Enforcement Actions
Accurate classification, correct valuation, complete documentation, and a strong compliance history can reduce the risk of avoidable customs problems.
No importer can guarantee that a shipment will never be selected for examination. CBP has the authority to inspect imported goods, and some exams are routine.
What you can control is the quality and consistency of your compliance process.
Accurate Classification, Valuation, and Documentation
The customs entry should accurately reflect the merchandise being imported.
Classification, valuation, country of origin, invoices, packing lists, product descriptions, and supporting records should all be consistent with one another and with the goods themselves.
When documents do not match the actual shipment, delays and additional scrutiny become more likely.
The Compliance-History Risk Profile
Repeated errors and recurring compliance issues can lead to increased scrutiny over time.
A clean record does not guarantee that future shipments will avoid examination. However, if the same issue keeps appearing, it is worth identifying the root cause and fixing it before the next shipment arrives.
Understand Why Imports Get Flagged
Prevention starts before the shipment reaches the port.
Importers should understand the common reasons goods are flagged for inspection, including inconsistent documentation, classification concerns, valuation issues, product-specific requirements, and other compliance triggers.
A detailed guide on why U.S. imports get flagged for inspection can help identify potential issues before they turn into delays at the border.
Frequently Asked Questions
What is the difference between a customs hold, detention, and seizure?
A customs hold or exam is generally a temporary pause for review or inspection. A detention is a formal action that gives CBP up to 30 days to release, seize, or exclude the merchandise under the applicable detention rules. A seizure means CBP has taken legal custody of goods it believes may be subject to forfeiture.
How long can U.S. customs hold my shipment?
There is no fixed timeline for every customs hold or exam. The length of the delay depends on the type of examination, the port, the goods, the documents involved, and whether another government agency is reviewing the shipment. A formal detention has a more defined decision period under 19 CFR 151.16.
What is the 30-day rule for customs detention?
Once merchandise is formally detained, CBP has up to 30 days to release, seize, or exclude it. If CBP does not take the applicable action within that period, the merchandise may be deemed excluded by operation of law under 19 CFR 151.16(f). Importers should continue responding to CBP during that period rather than simply waiting for a decision.
What should I do if I receive a Notice of Seizure?
Read the notice carefully, confirm all deadlines, and identify why the goods were seized. Depending on the case, options may include filing a petition, submitting an offer in compromise, requesting court action, or allowing administrative forfeiture. Because seizure cases can involve legal rights and potential forfeiture, speaking with a customs attorney may be appropriate.
Can I get my seized goods back?
In some cases, an importer may be able to pursue procedures seeking the return or release of seized goods. The outcome depends on the facts, the alleged violation, the value of the merchandise, and the available evidence. A petition or another formal process may be available, but the return of the goods is not guaranteed.
Who pays for a customs exam?
The importer may be responsible for costs related to the examination, including handling, transportation, warehouse, or CES fees. These charges are generally imposed by the examination facility or service provider rather than CBP. Storage and other delay-related costs may also continue while the shipment is under review.
What is a PGA hold?
A PGA hold involves a Partner Government Agency with authority over the imported product. Agencies such as the FDA, USDA, and CPSC may require additional information, inspection, testing, or other evidence before the shipment can receive a May Proceed or other clearance decision.
Why are UFLPA detentions increasing?
The brief identifies UFLPA detentions as an important growth category in 2026 because enforcement has placed greater attention on supply-chain traceability. Importers may need detailed evidence showing where materials originated and how goods were produced, creating a higher documentation burden than many standard customs detentions.
What happens if I do not respond to a customs notice?
Ignoring a customs notice can cause you to miss an important deadline and may limit your options. A detention may end in release, seizure, or exclusion, while a seizure can move toward administrative forfeiture if the importer does not pursue an available response. Review the specific notice carefully and act within the applicable timeline.
Do I need a customs attorney or is a broker enough?
A broker can help with operational customs matters, entry documentation, examinations, and many detention-related responses. A customs attorney may be appropriate for seizures, forfeiture issues, UFLPA cases, penalty exposure, high-value disputes, or situations requiring legal representation. The right approach depends on the seriousness and legal complexity of the case.
What does “deemed excluded” mean?
Deemed excluded means detained merchandise is treated as excluded by operation of law when CBP does not release or seize it within the applicable 30-day period described in 19 CFR 151.16(f). This is different from a seizure because CBP has not taken legal custody of the goods as part of a forfeiture action.
How do I prevent my shipments from being held?
You cannot completely eliminate the possibility of a customs examination, but you can reduce avoidable problems. Use accurate tariff classification, correct valuation, complete and consistent documentation, clear product information, and reliable supply-chain records. If the same issue keeps causing holds, identify the root cause before your next shipment arrives.
The Bottom Line
A shipment stuck at the U.S. border does not automatically mean it has been seized.
First, find out whether you are dealing with a routine hold, an exam, formal detention, PGA review, exclusion, or seizure. Then get the relevant notice, identify any deadline, and respond directly to the issue that caused the action.
For many holds and documentation-related detentions, a knowledgeable customs broker can help coordinate the operational response. When the matter involves seizure, forfeiture, penalties, UFLPA enforcement, or another significant legal dispute, a customs attorney may be necessary.
The sooner you understand what stage your shipment has reached, the sooner you can make an informed decision about what to do next.
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