What To Do If Customs Impounds A Shipment

No one wants to find out that customs impounded one of their shipments. If a shipment is impounded, though, you need to be acutely aware of the process for dealing with the situation. A customs attorney will usually tell you to take these five steps.

Document, Save, and Copy

Find each piece of paperwork or electronic communication related to the shipment. Make copies of everything. Back anything you can up to the cloud. If you end up dealing with a prolonged case or having to sue, you want to know that you can document every detail meticulously.

Also, establish the timeline. Figure out when the shipment went to the port. Also, determine when an official impounded it.

Contact Customs

You should also contact customs. Make notes every time you contact them or they contact you. Include notes of dates and times, names, and topics. Simply ask what has caused the delay. It might be as basic as someone not filling in one line on a form.

Be careful about answering questions without counsel, though. If a customs official asks you about something, just tell them you'll look into it. You never know what the legal exposure of an impoundment might be so proceed cautiously.

Learn the Law

Talk with a customs and trade attorney as soon as possible. Find out what the applicable laws are in your case. Customs cases can cross all kinds of boundaries between different areas of legal practice. A shipment might trigger a notice regarding an intellectual property violation if a party in the U.S. believes whoever shipped something to you is violating their rights, for example.

Cases can cross into everything from agricultural rules to arms trafficking. The reasons can also be surprising, such as cases involving bans on transferring microchips to specific countries. Even seemingly innocuous things can cause impoundments.

Keep the Case Active

Officials love to flush cases down the drain for lack of activity. Keep your case active. If the government sends you any notices, share them with your customs attorney. Try to respond to all requests as promptly as possible with the benefit of counsel. If no one contacts you about the case for a couple of weeks, have your lawyer contact them.

Take Action

Work with a customs and trade attorney to figure out where the case is headed. If you disagree with the legal basis for the impoundment, prepare to file an appeal. If you understand why officials impounded the shipment, try to work within the legal framework to address all of their concerns so they'll release the shipment.  

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