Workshop B – Navigating CBP Increased Detentions, Seizures, Penalties & Liquidated Damages: Practical and Proactive Strategies for Managing Risk and Achieving Favorable Outcomes

Oct 6, 2026 1:30 pm – 5:00 pm

Jennifer Diaz B.C.S.
President
Diaz Trade Law

William Terrell LCB
Senior Counsel
FedEx Logistics, Inc.

U.S. Customs and Border Protection (CBP) has broad enforcement authority to detain and seize merchandise, assess penalties, and issue liquidated damages for violations of customs and other laws. How companies respond—often under tight deadlines—can significantly impact financial exposure, supply chain disruption, and ultimate case resolution.

Using real-world examples and practical guidance, this session will walk attendees through the CBP Fines, Penalties & Forfeitures (FP&F) process, including how to evaluate enforcement notices, preserve rights, and develop effective response strategies.

  • CBP Enforcement Landscape: What Triggers FP&F Action
    • CBP detention versus seizure: Key differences and timelines
    • Common enforcement triggers (IPR, marking, valuation, AD/CVD, safety issues)
    • Overview of penalties vs. liquidated damages vs. forfeiture
    • Role of FP&F offices and discretionary authority
  • Detentions & Seizures: Immediate Response Strategy
    • How to read a CBP detention or seizure notice
    • Required CBP disclosures and importer rights
    • Critical deadlines (5-day notice, 30-day detention window, petition timing)
    • Working with CBP, CEEs, and rights holders
  • Filing a Petition: How to Maximize Your Chances of Relief
    • Elements of a strong petition
    • Supporting documentation and factual narratives
    • Negotiating with trademark holders or agencies
    • Remission vs. mitigation vs. cancellation strategies
  • CBP Monetary Penalties & Pre-Penalty Notices
    • Types of penalties (19 U.S.C. §1592, IPR, broker, manifest, etc.)
    • Understanding negligence, gross negligence, and fraud
    • How to respond to a pre-penalty notice
  • Liquidated Damages: When CBP Issues Them & How to Respond
    • Bond violations and common triggers
    • Timelines and petition strategy
    • Coordination with sureties and brokers
  • Practical Case Studies & Compliance Takeaways
    • Real detention and seizure scenarios
    • How early intervention changed outcomes
    • Top importer mistakes leading to enforcement