由 caicai8478 In export trade, the seizure of goods by customs is a common but thorny problem. Efficient response can minimize losses. The following are professional suggestions in steps:
I. Immediate response stage
Get the reason for the seizure
Contact the freight forwarder or customs broker to obtain the customs “Detention Notice” or written explanation to clarify the reason for the seizure (such as document discrepancy, product name discrepancy, infringement, quarantine issues, etc.).
Key point: Distinguish whether it is a “procedural inspection” (supplementary materials are sufficient) or a “substantial violation” (suspected of illegality).
Start an emergency team
Form an internal team (foreign trade, legal affairs, logistics) + external experts (customs brokers, lawyers), and clarify the division of labor (such as data collation, customs communication, legal response).
II. Targeted treatment plan
A. Document or declaration issues (most common)
Supplementary materials: If the invoice, packing list, license, etc. are missing or wrong, they must be submitted within the time limit specified by the customs (usually 3-5 working days).
Modify declaration: If the HS code and value declaration are wrong, apply for “order modification” and may pay a fine (if the declaration difference is greater than 10%, a fine of 5%-30% of the value of the goods may be imposed).
Case reference: A company mistakenly reported “lithium batteries” as “electronic accessories” and released them after submitting UN38.3 certification.
B. Intellectual property infringement
Immediately remove related products from the shelves: avoid similar goods being detained at other ports.
Provide authorization proof: If it is a misjudgment, submit a brand authorization letter or patent certificate; if there is no authorization, try to reconcile with the right holder (fast but costly).
Legal channels: If it is indeed an infringement, it is necessary to evaluate whether to abandon the goods (avoid high attorney fees) or respond to the lawsuit (applicable to high-value goods).
C. Failure of inspection and quarantine
Return or destruction: If the food is moldy or the wooden packaging does not have the IPPC mark, you can apply for return (with permission from the original exporting country) or customs supervision and destruction (fees need to be paid).
Technical treatment: Some goods can be rectified (such as re-inspection after fumigation).
D. Suspected of smuggling or tax fraud
Lawyer intervention: criminal risk is high, lawyers are needed to assist in providing evidence (such as evidence chain of trade authenticity).
Strive for administrative penalties: avoid escalation into criminal cases, and resolve through tax payment + fines.
III. Cost control and loss-stopping strategies
Demurrage fee negotiation
Negotiate with the terminal/warehouse to reduce demurrage fees (such as providing customs detention certificates); some countries can apply for “customs-supervised warehousing” to suspend billing.
Quick processing priority
Low-value goods: If the handling cost is greater than the value of the goods, it is recommended to abandon the goods (a written statement is required to avoid subsequent liability).
High-value goods: Priority is given to picking up goods through guarantees (deposit or bank guarantee) to reduce detention losses.
Insurance claims
Enterprises that insure “cargo transportation insurance” or “tariff insurance” collect evidence (such as inspection records, detained documents) to claim compensation from the insurance company.
IV. Long-term preventive measures
Compliance system construction
Regularly review customs declaration documents (especially HS codes and certificates of origin);
Establish a product database to ensure that the declared information is consistent with the actual product.
Third-party pre-inspection service
Sensitive goods (such as chemicals and medical devices) are pre-inspected by professional institutions before shipment to ensure that they meet the standards of the destination country.
Customs AEO certification
Enterprises that obtain AEO (Authorized Economic Operator) certification can enjoy conveniences such as reduced inspection rates and priority customs clearance.
V. Key points
Time sensitivity: Most customs regulations stipulate that if the goods are not handled within 15-30 days after detention, they will be converted into fines or auctions.
Avoid conflicts: Do not bribe or forge documents, which may lead to criminal liability.
Record retention: All communications are in writing (such as emails, customs receipts) to keep evidence for disputes or litigation.
Summary: The core of efficient response to customs seizures is “quick problem identification + professional division of labor”. Short-term stop loss depends on flexible decision-making (re-certification/return/abandonment of goods), and long-term investment in compliance systems is required. It is recommended that enterprises establish a “Customs Emergency Plan” and maintain long-term cooperation with professional customs brokers and lawyers.