What happens if customs seizes your package

Under the customs legislation, if you take any item outside of Canada and change it in any way to enhance its condition or value, the CBSA does not consider it to be the same item when you bring it back into the country. You, therefore, have to declare the full value of the new item. You take an old diamond ring with you on a trip outside of Canada. While outside of Canada, you decide to have the diamond taken out of the old ring and placed in a new setting.

The CBSA will treat the new ring like any other piece of jewelry purchased outside the country and the duty and taxes owing will be calculated on the full value of the new ring, including the diamond that was exported from Canada.

This rule applies unless you have received previous authorization from the CBSA to have the new ring made while outside the country. They threaten the food supply. They threaten the environment and natural resources. Items imported without proper paperwork will be seized. If it was determined you used your vehicle to illegally import goods, the CBSA imposes a penalty that you must pay before the vehicle is returned to you. There are resources on the website outlining the types of action that the CBSA may have taken, with links to information on requesting a review for that specific activity.

Ultimately, there are really only two outcomes: customs releases your shipment, hooray! If your items are confiscated, the cargo will be relocated to a warehouse specifically for seized property. Though this is not a common occurrence, occasionally CBSA destroys detained goods by accident, because wires were crossed and there was a miscommunication.

If your goods are mistakenly destroyed you may seek compensation. An attorney specializing in customs law can draft a letter requesting compensation on the basis that goods have been destroyed by error.

Chances are, now that this has happened to you, you will want to be a lot more careful next time around to prevent the stress and inconvenience you went through when your merchandise was seized. If your items are perishable it is vital you understand all the necessary permits and licenses involved before allowing the shipment to leave its homeport.

If you overlook even a single form, you could end up in a nightmare of processing requests and fines, and risk a total loss of your cargo. This will eventually lead to a court trial where the Customs department has to prove the seizure was lawful. Here, the burden of proof is on you to prove that the shipping package is duty paid and comply with other rules and regulations. Based on that, U. Customs will eventually either grant release of the seized shipping package or reject the petition and decide not to release the packaged seized.

If you have gone through a seizure process, you must learn from the ordeal and make sure that all your future cargo shipments are compliant with all the relevant laws and regulations based on the product being shipped,ahead of importing to the United States. Adhering to the applicable laws and regulations can diminish the chance of future seizure or detention of goods by Customs.

Cash and Currency. Law enforcement and police officers regularly seize money and other currency sent through shipment packages. The reason for sending cash through an insured parcel can be many; however, police will mostly stick to their convenient belief that it is secretly sent for or to assist criminal activity.

Law enforcement forfeits cash and currency equivalent to millions and millions of dollars every year. It is best not to contact any authority to inquire about the shipment status if it already shows that it was seized by law enforcement. Doing so will most likely result in an investigation or arrest as it is illegal to ship drugs through any federal or private carriers.

For prescription drugs, you may contact a dedicated lawyer to discuss if you can file a claim to get it back. Firearms, Ammunition, and Explosives. Although all major shipping carriers, like FedEx, UPS, USPS has specific federal and state regulations that must be adhered to for shipping firearms, such packages are considered dangerous goods and sometimes seized to ensure a proper check.

When a package needs to be shipped or transported within the United States, it should be carried out either through the U. While the rules and regulations for what can be shipped are somewhat the same,it comes with some exceptions, like the private carriers like FedEx and UPS can ship ammunition, but it is not allowed by USPS.

USPS is a federal government agency that offers bulk mail and volume shipping services for small to large businesses. Being a federal government agency, it must obey federal guidelines.

Also, being federal government employees, U. Also, U. Postal Service has its own special squad of postal inspectors and processes for checking packages.

The USPS workers partner with the state and local drug task forces to perform their drug parcel investigations.

As per the United States Postal Inspection Service, the first-class letters and packages are safeguarded against search and seizure under the fourth amendment to the constitution; and that is why such items are not allowed to be opened if there is no search warrant.

A warrant can be issued to the investigators by stating the probable cause of suspicion. Since the USPS provides certain protections against the procedure of search and seizure, it is usually a safe and preferred choice for shipping drugs among those who send.

However, the USPS can get a warrant if it finds a package suspicious. Although California is a pot-legal state, it is a felony under 18 U. Code to mail weed using the United States Postal Service even within the territorial limits of California. The private carriers, like UPS, FedEx, and DHL, are not federal government agencies and generally do not need a search warrant if they deem the package suspicious.

The supreme court states that shipping packages through a third-party private carrier eliminate any reasonable expectation of privacy. If any product is determined by CBP to bear a counterfeit mark, per 19 C. At the time of detention, CBP has 5 business days to notify the importer of their action. After this notification, the importer has 7 business days to demonstrate that the product does not contain a counterfeit mark.

Doing so, however, may send the wrong signals to CBP and can also result in financial penalties in the form of fines. For second and subsequent violations, the fine shall not be more than twice such value. CBP offers importers the following remedies: 1. Request administrative forfeiture proceedings as provided under 19 U.

File a claim and cost bond requesting that CBP immediately refer the case to the United States Attorney for court action; 3.