1. What Does a Counterfeit Goods Seizure Notice Mean?
A CBP seizure notice identifies the property, alleged violation, and response options. Seizure does not establish criminal guilt. Federal customs and trademark rules apply nationwide.
Identify the Goods and Alleged Trademark Violation
Under 19 C.F.R. § 133.21, a counterfeit mark is a false mark identical to, or substantially indistinguishable from, a trademark registered on the USPTO’s Principal Register. The issue concerns the mark, not simply poor product quality. Genuine goods sold outside an authorized distribution channel are not automatically counterfeit, although separate import restrictions may apply.
Compare shipment numbers, quantities, brands, and descriptions with your order. Federal customs law governs the border restrictions.
Separate Detention, Seizure, and Forfeiture
Detention temporarily holds goods for examination or an admissibility decision. Seizure begins an enforcement process, while forfeiture transfers ownership to the government. Earlier detention response periods do not replace seizure deadlines. Check the notice’s heading, legal authority, mailing date, and election instructions.
2. Records That Connect the Shipment to Its Source
Link the supplier, transaction, and goods to explain the shipment’s source and your basis for believing it was genuine.
Match Supplier Invoices with Payment Records
Preserve invoices, order confirmations, payments, and supplier messages. Compare the seller’s legal name with the payment recipient and shipper. Obtain documented explanations for differences and retain originals.
For Black Friday purchases, save dated listings, discounts, and authenticity claims. A low price does not establish counterfeiting, and a listing alone cannot authenticate goods.
| Record | What It Can Help Establish | What It Does Not Establish Alone |
|---|---|---|
| Invoice and payment confirmation | Who sold the goods and received payment | Product authenticity |
| Upstream purchase records | The claimed supply chain | That the seized items came from that source |
| License or authorization letter | Permission within its stated scope | Permission covering unrelated products or dates |
| Serial numbers, lot codes, and photographs | A connection to particular goods | Authenticity without reliable verification |
Check Authenticity Evidence and Authorization Scope
Verify each certificate’s issuer and connection to the model or lot. Check any license’s parties, marks, products, territory, and dates. Trademark licensing permissions must cover the goods at issue.
An importer reselling genuine goods does not necessarily need a manufacturing license. Distinguish proof that a product is genuine from permission to apply a brand’s mark. Explain gaps and date later corrections accurately.
Tie Product Identifiers to the Seized Items
Index each disputed item by invoice line, quantity, model, and photographs. Identify whether images show the actual shipment or only a listing sample. If you never received the goods, request photographs, images, or a sample through CBP under 19 C.F.R. § 133.21(d). Follow any conditions for examining and returning a sample.
3. Which Response Path Fits the Notice?
Before signing an election form, distinguish administrative relief from judicial forfeiture. One does not automatically follow the other.
Administrative Petitions and Judicial Claims
A petition asks CBP for administrative relief from forfeiture. State your property interest, facts, requested relief, and supporting evidence. Under 19 C.F.R. § 171.2, seizure petitions generally must be filed within 30 days from mailing of the notice. The regulation allows a shorter period in certain cases, so check the notice’s stated deadline. An extension requires agency approval, so do not treat a pending request as extra time.
A judicial claim requests court proceedings rather than discretionary administrative relief. For customs-law seizures, claim deadlines and cost-bond requirements can differ from the general civil-forfeiture rules. Do not assume a universal 35-day, no-bond rule. Follow your notice’s authority and election instructions.
A routine tariff protest is not a substitute for the seizure response. If you take no action, the government may complete administrative forfeiture after the required notice process.
Limits on Return, Export, and Other Dispositions
Under 19 U.S.C. § 1526(e), qualifying counterfeit merchandise is subject to seizure and, absent the trademark owner’s written consent, forfeiture. Under 19 C.F.R. § 133.21(g), the owner of the CBP-recorded mark may provide written consent to specified dispositions within 30 days of notification of seizure. That clock differs from the importer’s petition deadline.
A supplier’s assurance is not the owner’s consent. You cannot unilaterally choose return to the seller or label removal. Release, export, or other disposition must meet applicable rules and CBP requirements. A petition does not guarantee return.
4. Follow-Up after Submitting a Response
Keep filings, exhibits, submission confirmations, and later notices together. Follow CBP’s written requests and decisions.
Track Requests and Written Decisions
Use the seizure number when contacting the designated Fines, Penalties, and Forfeitures office. Confirm receipt, missing documents, and new deadlines. A phone discussion or supplier negotiation does not itself extend a filing deadline. If CBP asks about other shipments, review the request’s scope and relevant records as a separate customs compliance and enforcement issue.
Distinguish Property Decisions from Further Enforcement
A property decision does not resolve a separate penalty or investigative request. Section 1526(f) permits civil fines involving importation for sale or public distribution, while criminal trafficking under 18 U.S.C. § 2320 has separate intent and knowledge requirements.
Preserve records of intended use and supplier representations. Buying in your own name or believing the goods were genuine does not automatically exempt a shipment from seizure. Review each new notice’s legal basis and deadline separately.
10 Nov, 2026
