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Customs & International Trade

What can you do when customs holds your shipment?

Detention and seizure are different, and so are the deadlines. A detention is usually a hold pending information and often resolves in days once the right documents are provided. A seizure is a formal action with a strict statutory period to request review - typically measured in days from the notice - and missing it generally forfeits the right to challenge, whatever the merits.

What to do next

  1. Establish whether this is detention, seizure or a compliance hold

    Read the notice carefully. Detention pending documentation, seizure for an alleged contravention, and a hold by another agency such as a health or agriculture regulator are three different processes with different routes and different clocks.

  2. Identify the stated ground

    Common grounds are tariff classification, valuation, country of origin or marking, missing permits, prohibited or restricted goods, and suspected intellectual property infringement. The ground determines the response - a classification dispute is a technical argument, an IP detention involves a rights holder.

  3. Assemble the documentation quickly

    Commercial invoice, packing list, bill of lading, purchase order, product specifications and any permits or certificates. Many detentions resolve simply because the correct paperwork reaches the right officer promptly.

  4. Diarise the review deadline

    For a seizure, the period to request a review is short and statutory. Storage and demurrage also accumulate daily, so cost pressure builds independently of the legal position.

  5. Consider the longer-term compliance question

    A detention often signals a classification or valuation practice that will keep causing problems. An advance ruling on classification or origin prevents recurrence and is worth obtaining once the immediate issue is resolved.

Frequently asked questions

How long do I have to challenge a seizure?

A short statutory period from the notice, measured in days. Missing it generally ends the right to review regardless of the merits.

Can I get the goods released while I dispute it?

Often, by posting security or paying the amount under protest. That stops storage costs accumulating while the dispute proceeds.

They say my classification is wrong.

Classification disputes are common and frequently winnable. An advance ruling prevents the issue recurring on future shipments.

My goods were held for suspected counterfeiting.

A rights holder may have recorded a trademark with customs. If your goods are genuine, evidence of authorised supply is what resolves it.

Which body decides?

The customs authority on internal review, then the Canadian International Trade Tribunal or the Court of International Trade in the United States.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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