Strategies for Handling Customs Detention of Goods

When your goods are detained by customs, it can be a stressful and confusing situation. Understanding the process and following the right steps can help minimize the disruption and potential negative outcomes.

Understanding Customs Detention and Inspection

Customs detention occurs when your package is held at the border because it does not meet certain regulations, does not match its customs declaration, or contains illegally altered or counterfeit items. In some cases, if the documents are missing, the package may not be cleared. These situations can delay the delivery of your goods and cause significant inconvenience.

Steps to Take When Your Goods are Detained

1. Check for Unpaid Taxes and Duties

If your shipment is stuck in customs, the first step is to check with your carrier to ensure there are no unpaid taxes or duties. If taxes are outstanding, make a payment to clear the packages. If the taxes are not the issue, contact your shipper for further assistance.

2. Engage with Customs Authorities

If the issue persists, seek to speak with customs officials to understand the reasons for the detention. Be persistent and polite until someone with the appropriate authority provides a solution. It is often necessary to work your way up the chain of command until you reach a decision-maker who can offer a resolution.

Common Issues and Solutions

1. Invoice and Document Errors

For shipments to the USA, if an invoice problem is the cause of the detention, it usually means that the duties and taxes are incorrect. This generally results in additional expenses for you. Ensure that all documentation is accurate and up-to-date to avoid such issues.

2. Prohibited Items and False Declarations

Exporting from the USA to a foreign country may result in the detention due to prohibited items or false declarations. For example, shipping items marked 'Made in Israel' to Saudi Arabia could result in the package being held indefinitely or confiscated.

Complex Situations and Their Outcomes

Complex situations often require careful consideration. For example, if a client attempted to pre-clear a shipment without informing the carrier of an additional item (such as a personal laptop), the shipment could be detained. The client has several options, ranging from paying a significant fine and keeping the shipment, splitting the shipment and potentially losing the laptop, or risking prosecution for smuggling.

Example Scenario

One client attempted to pre-clear a large shipment for Brazil, only to have the CEO add a personal laptop at the last minute. Brazilian customs detained the shipment. The options were:

Option 1: Pay a large fine and keep the laptop and all other items.Option 2: Split the shipment, pay a smaller fine, lose the laptop, and possibly face prosecution for smuggling.Option 3: Split the shipment, allow the pre-cleared items through, surrender the laptop, and pay no fine.

The client wisely chose Option 3, resulting in the Brazilian customs officer receiving a new laptop.

Final Considerations

It is important to understand the difference between goods being held and seized. When goods are on hold, you will be informed of the required actions. If you do not comply, you may lose the goods. However, seized goods require different handling and may necessitate legal advice.