If customs seizes undeclared merchandise when you enter the United States, the items are taken by authorities and may not be returned. Seizure typically occurs when goods are not declared, are restricted, or violate import rules.
You may also face penalties in addition to losing the items.
What happens
After inspecting your baggage, a CBP officer may determine that certain items were not properly declared during situations where customs inspects your baggage at the port of entry.
If undeclared merchandise is identified:
- The items may be taken into custody by CBP.
- You may be informed that the goods are subject to seizure.
- A record of the seizure may be created.
You may receive documentation describing:
- The items seized.
- The reason for seizure.
- Possible next steps or notices.
Seizure usually occurs at the port of entry before you leave the customs area.
What determines the outcome
The outcome depends on:
- Whether the items were required to be declared.
- The type of goods (restricted, prohibited, or controlled).
- The value and quantity of the merchandise.
- Whether the failure to declare appears intentional or not.
Certain goods are more strictly regulated, including:
- Commercial quantities of merchandise.
- Restricted food or agricultural products.
- Items subject to licensing or import controls.
What it may lead to
Common outcome:
- Loss of the undeclared items.
Possible escalation:
- Monetary penalty for failure to declare, including cases where customs issues a fine after customs violations are identified.
- Warning issued for minor violations.
Worst realistic outcome:
- Formal fine based on the value of the goods.
- Record of violation in customs systems.
- Increased scrutiny during future entries, including situations where CBP flags your passport for future inspection after prior customs violations.
Seized items are not typically returned without a formal process.
Common escalation triggers
- Failing to declare required items, including situations where you fail to declare cash at the airport and reporting requirements are violated.
- Carrying goods in quantities inconsistent with personal use.
- Providing inaccurate or incomplete information.
- Attempting to declare items only after inspection begins.
What this depends on
Outcomes vary based on:
- Type and value of the merchandise.
- Applicable import regulations.
- Officer assessment during inspection.
- Whether the goods are prohibited or simply undeclared.
Customs enforcement focuses on compliance with declaration rules.
When federal authority applies
Customs seizures are conducted by U.S. Customs and Border Protection under federal authority.
All decisions regarding seizure and penalties are made at the port of entry.
Last reviewed: April 2026
This page describes typical operational outcomes. Individual cases vary.