If U.S. Customs and Border Protection (CBP) seizes a package, use the date and instructions on the official notice rather than a generic online countdown. Many CBP notices allow about 30 days for an administrative petition. A civil-forfeiture claim is different, and the notice will usually give it a separate deadline that is often at least 35 days after the notice was mailed.
Those deadlines aren't interchangeable. Missing the applicable response date can lead to forfeiture, and suspected counterfeit goods may be destroyed. This information is for U.S. consumers and isn't legal advice.
CBP's consumer materials reported that, in fiscal year 2020, the agency seized 26,503 shipments containing counterfeit goods. The estimated value was nearly $1.3 billion had the products been genuine. That historical figure shows the scale of enforcement, but it doesn't change the deadline in your notice. See CBP's consumer guidance for general information and reporting options.
Which deadline applies?
| Situation | Timing to watch | What to do |
|---|---|---|
| Carrier says the package is held or delayed | The carrier's instructions, followed by any official agency notice | A hold may be an inspection or detention rather than a formal seizure. Ask which status applies. |
| CBP administrative petition | Often about 30 days, as stated in the notice | Use the notice's form and address to request relief such as return, remission, or mitigation, if available. |
| Civil-forfeiture claim | A separate deadline, often at least 35 days after the notice was mailed | A claim asserts an interest in the property and is not the same as a petition. |
| CBP penalty or later decision letter | The date printed on that letter | A penalty process is separate from the initial seizure response. Treat the new letter as a separate deadline. |
| FDA-refused drug | The response date in the FDA notice | FDA procedures don't follow CBP procedures. Certain refused imported drugs valued at $2,500 or less may be subject to administrative destruction after the required notice and opportunity to respond. |
The current rules in 19 CFR Part 171 cover customs fines, penalties, and forfeitures. Some provisions tell CBP how quickly it must act; they don't give you extra time to file a petition or claim.
Detention, seizure, forfeiture, and prosecution
A tracking message that says "held," "delayed," or "under review" doesn't by itself establish that CBP has formally seized the package.
- Detention is a temporary hold while CBP examines the goods or documents.
- Seizure means the government has taken custody of the property under its legal authority.
- Forfeiture is the process that can result in the government permanently keeping the property.
- Prosecution is a separate criminal case involving possible charges against a person or business.
A seizure notice doesn't automatically mean that the buyer has been charged with a crime. It also doesn't guarantee that CBP will release the goods. Personal use, lack of knowledge, the value and quantity of the items, and the surrounding evidence may be relevant, but none of those facts should be treated as an automatic deadline extension or guarantee of return.
What to do after receiving a CBP seizure notice
1. Read the notice for every date
Find the case number, seizure date, mailing date, CBP office, description of the goods, response form, and any election-of-proceedings instructions. Mark each deadline separately.
Don't count from the date you placed the order or the date the seller promised delivery. Follow the date and counting method stated in the notice. If the notice arrived late or the date is unclear, contact the CBP office listed on the document and request written clarification right away. That request doesn't automatically extend the deadline.
2. Preserve the records
Keep the complete notice, including its envelope or delivery record. Gather records that show what you bought and how the transaction occurred:
- Order confirmation, invoice, and payment receipt
- Tracking information and package labels
- Screenshots of the product listing, seller profile, and advertised brand
- Messages with the seller or marketplace
- Product photographs and any authenticity assessment
- Evidence that the item was for personal use rather than resale
- Customs forms or broker communications, if any
Save the original files when possible. Don't edit messages or fill gaps in the story with guesses.
3. Match the filing to your objective
If you believe CBP made a mistake or the item is genuine, an administrative petition may be the first option described in the notice. Use the required form, explain the facts plainly, and attach documents supporting your interest in the property, authenticity, purchase history, and intended use.
A civil-forfeiture claim is a separate filing. It formally asserts an interest in the seized property and may require a signed or verified submission. In some cases, a valid claim leads the government to pursue the forfeiture through a judicial process. If the notice includes an election-of-proceedings form, read it closely. A petition and a claim can have different deadlines, and filing one shouldn't be assumed to preserve the other.
If you don't want the goods, follow the notice's instructions for abandonment. Silence isn't necessarily the same as formal abandonment, and it may not answer separate questions about penalties or other government action.
Get legal advice promptly if the shipment involved multiple items, commercial quantities, repeat imports, a false customs declaration, a penalty, or an investigation. A response in those circumstances can affect more than the package itself.
4. Submit it the way the notice requires
Use the CBP office, mailing address, portal, or delivery method identified in the official notice. Keep a complete copy of the submission and every attachment. Choose a method that gives you proof of delivery or electronic submission, and save the receipt.
If you need more time to obtain records, ask for an extension in writing before the deadline. Explain the reason and ask CBP to confirm in writing whether it granted the request. An unanswered request is not an approved extension.
If the product was delivered and appears counterfeit
A delivered item is different from a parcel held by CBP. You may need to pursue a seller or marketplace dispute while preserving the item and records for a possible report.
- Stop using or reselling the item. Counterfeit cosmetics, medicines, chargers, toys, auto parts, and similar products may present safety concerns.
- Keep the item and packaging. Don't throw them away, alter the labels, or send the item to another buyer.
- Save the listing and communications. A marketplace may remove the listing or seller account, taking useful evidence with it.
- Open a seller or marketplace complaint promptly. Refund and dispute windows come from the seller's or platform's terms, not from CBP.
- Don't mail the item back if a government notice is involved. Ask the agency or platform how to proceed before transferring property that may be evidence.
- Report suspected counterfeits. CBP's consumer guidance points consumers to its e-Allegations Online Reporting System and lists 1-800-BE-ALERT for reports.
A seller refund handles the transaction. It doesn't cancel a CBP seizure notice or a separate government request for information.
What if the deadline has passed?
If no timely response is filed, CBP may proceed with administrative or civil forfeiture. Suspected counterfeit goods may then be destroyed rather than returned or resold.
Don't treat an informal six-month reference as a universal deadline that ends the matter. A later penalty letter, request for information, or investigation may have its own response date. The eCFR forfeiture rules provide the broader administrative framework, but the notice remains the starting point for the specific case.
A notice connected to a criminal investigation creates different risks. Don't provide false information, destroy records, or continue importing or selling similar goods. If an investigator asks about suppliers, quantities, resale activity, customs entries, or other shipments, consider getting legal advice before giving a detailed statement.
FDA notices follow different procedures
CBP deadlines don't control products refused by the Food and Drug Administration. Under FDASIA Section 708, FDA may in some circumstances administratively destroy a refused imported drug valued at $2,500 or less after the required notice and opportunity to appear and introduce testimony.
That dollar threshold isn't a universal deadline for every medicine, medical product, or suspected counterfeit item. Read the FDA notice for its response date and procedure. If FDA issued the notice, don't send a CBP petition unless the agency specifically tells you to do so.
A brand-owner lawsuit has a different deadline
The time for a brand owner to bring a trademark or other civil claim isn't the same as the time for a consumer to respond to a customs notice. State limitation periods vary, federal trademark claims can use different accrual rules, and criminal proceedings follow different rules again.
If you're a consumer, deal first with the date on the CBP notice. If you're a brand owner, importer, or seller facing a lawsuit or subpoena, get advice based on the specific claim and jurisdiction.
Common questions
Is the CBP deadline 30 days or 35 days?
It depends on the filing. Many notices provide about 30 days for an administrative petition. A civil-forfeiture claim can have a separate deadline, often tied to a minimum of 35 days after the notice was mailed. Read the entire notice and use the procedure that matches your objective.
Can I ignore the notice because I bought only one item?
No. Ignoring it can result in forfeiture. Personal use and lack of knowledge may be relevant facts, but they don't automatically require CBP to release the package or end every possible penalty issue.
Can a seller's refund solve the problem?
No. A refund addresses the purchase transaction. It doesn't by itself cancel a seizure, forfeiture, or information request from the government.
Can CBP extend the deadline?
You can ask in writing, preferably before the deadline, but an extension is effective only if CBP grants it. Keep preparing the required filing while you wait for an answer.
Do French or EU counterfeit deadlines apply to a U.S. CBP notice?
No. France and other countries use different customs procedures, agencies, and notices. Don't transfer a 10-day, 15-day, or other foreign timeline to a U.S. case. The country and agency named on the notice control.