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What is Redelivery?

A CBP demand requiring an importer to return previously released merchandise for examination or enforcement action. In the context of U.S. customs and tariff recovery, understanding redelivery is essential for navigating the CAPE refund process and ensuring accurate duty assessment.

Definition

A redelivery demand is a notice from CBP requiring an importer to return previously released merchandise to CBP custody for examination, correction, or enforcement action. Redelivery may be demanded when CBP discovers a violation after cargo release (e.g., goods were misrepresented, mislabeled, or subject to an import ban), when a PGA determines that goods do not meet regulatory requirements, or when CBP needs to examine merchandise for trade remedy purposes. The importer typically has 30 days to comply. Failure to redeliver can result in liquidated damages (claims against the customs bond) and potential penalties.

How Redelivery Relates to Tariff Refunds

Redelivery is an enforcement mechanism and does not directly affect CAPE refund eligibility. However, entries that result in redelivery may be subject to additional CBP scrutiny that delays liquidation and CAPE processing.

Example

After releasing a shipment of children's toys, the CPSC determines that the products contain lead levels exceeding safety limits. CBP issues a redelivery demand, requiring the importer to return the goods within 30 days for seizure and destruction.

Frequently Asked Questions

What happens if I cannot redeliver?
CBP may claim against your customs bond (liquidated damages) and assess additional penalties. Repeated failures to redeliver can lead to increased scrutiny on future imports.
Can I appeal a redelivery demand?
You can contest the underlying violation through the protest process, but the redelivery demand itself must generally be complied with within the specified timeframe.

Related Terms

CBPU.S. Customs and Border Protection — the federal agency that regulates imports, collects duties, and enforces trade laws.BondA customs bond guaranteeing payment of duties, taxes, and fees to CBP if the importer defaults.PGAPartner Government Agency — federal agencies (FDA, EPA, USDA, etc.) whose regulations apply to specific imported goods.LiquidationCBP's final determination of the correct rate of duty and total amount owed on an import entry.

Legal References

  • 19 CFR § 141.113 — Recall or Redelivery
  • 19 U.S.C. § 1499 — Examination of Merchandise

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