Groundwork being laid to automate detention and seizure process

Dec. 13, 2022
By: Pietro N. Bianchi

In December the Commercial Customs Operations Advisory Committee (“COAC”) adopted recommendations to Customs to develop a single automated system for its detention and seizure process. This initiative would focus on intellectual property rights but could grow to encompass other enforcement priorities such as forced labor, restricted goods, and enforcement issues for other agencies such as the FDA.

The program, as envisioned by the COAC committee, would have the ultimate goal of (1) automating of the Detention and Seizure process; (2) enhancing to the intellectual property rights priority trade issue website; and (3) creating alternatives to seizure to avoid unnecessary costs and delays in handling small and uncontested shipment seizures. COAC set forth some “near term” implementation goals, indicating that developing a system of the magnitude would not be quick or easy. The near-term implementation goals are to develop and adopt:

1. Electronic technologies and procedures that officers can use to collect data onsite during exam;

2.      The means to generate electronic notices of detention for transmission to interested parties that include mandatory and standardized data elements; and

3.      The use of a unique identifier as a reference number.

COAC further recommended that CBP develop and adopt a system for receiving and using email addresses from importers and other interested parties later down the road. This, however, appears to be an intermediary measure to handle communications while CBP develops a portal on the intellectual property rights priority trade issue website to allow for direct and confidential communications between CBP and parties interested in the detention and seizures process. COAC believes that by developing a portal giving rightsholders, importers, and other interest parties access to notifications and images, the ability to exchange information via a unique tracking number, and a portal to handle actions through the enforcement process, the cost and time of detention will be dramatically reduced for all parties.

Generally when recommendations of this type are made, COAC and CBP are interested in feedback regarding the recommendations. If you have questions or concerns about CBP automation do not hesitate to contact an attorney at Barnes Richardson, & Colburn LLP.