CBP Redelivery Demands: Form 4647, Penalties, and Protests

A CBP redelivery demand is a formal order from U.S. Customs and Border Protection requiring an importer to return merchandise that has already been released into commerce. The agency issues these demands when it later discovers a shipment doesn’t meet federal entry requirements, whether the issue is country-of-origin marking, an FDA refusal, counterfeit trademarks, forced-labor concerns, or any other admissibility problem. If you ignore the notice, liquidated damages run to the full value of the goods, and three times that value for restricted or prohibited merchandise.¹

Why CBP Can Recall Goods After Release

Most imports enter under conditional release. The shipment moves into commerce, but CBP keeps the legal right to demand it back for a set window while it verifies admissibility. The length of that window depends on the commodity.

Textiles remain conditionally released for 180 days after entry so CBP can verify country-of-origin claims.² Food, drugs, cosmetics, medical devices, and tobacco stay conditional until the FDA refuses admission, clears the product, or 30 days pass from release, whichever comes first. The FDA can extend that period by issuing a sampling or detention notice within the initial 30 days.³ For marking issues, the demand must come within 30 days of entry or 30 days after examination at the importer’s premises.

Once the applicable conditional period expires without action, the release generally becomes final. Knowing which window applies to your shipment tells you how long you remain exposed to a demand.

Common Triggers for a Redelivery Demand

The core authority sits in 19 CFR 141.113.⁴ The triggers include:

Country-of-origin marking failures under 19 U.S.C. 1304. A Center director can demand redelivery so the merchandise can be properly marked, and importers are often given the option to correct the markings rather than forfeit the shipment.⁵
Textile origin misrepresentation during the 180-day conditional period.
FDA refusal of admission for a regulated product after initial release, in which case CBP demands redelivery within 30 days of the refusal or determination of noncompliance.
A catch-all for any other inadmissible merchandise. If an authorized CBP official finds released goods don’t qualify for entry, the official must promptly demand their return.
Failure to provide requested samples or examination packages.

Goods bearing counterfeit trademarks, infringing trade names, or restricted gray market labels go through their own process under 19 CFR 133.26. When CBP determines after release that merchandise violates the trademark or copyright restrictions in 19 CFR 133.21 through 133.23, an authorized official must promptly demand redelivery under the importer’s bond.⁶

USDA-regulated shipments that violate agricultural rules can be seized and destroyed at the port. EPA-regulated products, especially pesticides and certain chemicals, must meet separate labeling and registration requirements. When these partner agencies flag a problem after release, CBP issues the demand on their behalf.⁷

Forced Labor and UFLPA Cases

The Uyghur Forced Labor Prevention Act created a rebuttable presumption that goods produced wholly or partly in the Xinjiang Uyghur Autonomous Region, or by entities on the UFLPA Entity List, were made with forced labor. When a UFLPA-flagged shipment is released and later identified, CBP will demand redelivery, and it has 30 days following import to issue that demand.⁸

To get the goods released again, the importer must show by clear and convincing evidence that the merchandise was not produced with forced labor. That means demonstrating the claim is “highly probable,” not just more likely than not. Average review times for a complete documentation package run two to three weeks. If you need more time to assemble documentation, you can request an extension from the Port Director or applicable Center Director before the initial 30-day detention period expires.

CBP’s Deadline to Issue the Notice

A point that trips up many importers: the 30-day deadline in the regulations applies to CBP, not to you. Under 19 CFR 113.62, any demand for redelivery must be made no later than 30 days after the merchandise was released, or 30 days after the end of the applicable conditional release period, whichever is later.¹ CBP has confirmed that a redelivery notice issued more than 30 days after release, without any intervening action such as a Request for Information on CF-28, is untimely.⁹

The exception is the extended conditional release periods. For a textile shipment, CBP could issue a demand up to 210 days after release: the 180-day conditional period plus 30 days. FDA-regulated products stay conditional until the FDA acts or 30 days pass, and that period can be extended by an FDA notice. Once CBP issues the notice, your specific compliance deadline is stated on the notice itself. The regulation requires you to “redeliver timely, on demand,” and the notice will tell you when.

How to Respond to CBP Form 4647

The formal notice arrives as CBP Form 4647, titled “Notice to Mark/Notice to Re-Deliver.”¹⁰ The form identifies the specific entry numbers and line items affected. A redelivery demand doesn’t necessarily cover your entire shipment. Under 19 CFR 141.113(d), CBP demands the return only of the specific merchandise found to be noncompliant, so other line items from the same entry may remain released.

You have three basic options:

Bring the goods into compliance. For marking violations, you can certify that all merchandise has been marked with the country of origin as required by 19 U.S.C. 1304, or otherwise brought into compliance. You’ll indicate where the merchandise is being held and whether a sample is being submitted.
Export the merchandise. You certify where and when the goods were exported, including date and time.
Destroy the merchandise under CBP supervision. You certify the destruction took place under CBP oversight, with location, date, and time.

The response also includes a guarantee section where you commit to covering all expenses for whichever action you choose.

Importers and brokers can receive and respond to Form 4647 electronically through the Automated Commercial Environment. The electronic submission creates an immediate record, which matters more than a paper trail if a dispute arises. If you’re not comfortable navigating ACE, have your customs broker handle it.

Returning the Goods

You’re responsible for the logistics and cost of moving the merchandise back to CBP custody or a designated customs-bonded warehouse. The goods must remain in the condition specified by the notice. If you’ve already moved the shipment from the original delivery point, you’ll need a physical inventory to confirm the quantities match what CBP shows on the entry summary. Any discrepancy will draw additional scrutiny.

After the goods arrive, a CBP official inspects the quantity and condition against your documentation. Confirmation comes through a signed copy of the form or an electronic notification in ACE. Keep that confirmation permanently; it’s your proof of compliance. If you chose export or destruction, a CBP officer must supervise and certify the action.

When You Can’t Redeliver

This is where most importers get into serious trouble. If you’ve already sold, distributed, or consumed the merchandise before the redelivery notice arrives, you can’t physically return what you don’t have. CBP treats that as a default on your bond’s redelivery condition, and liquidated damages are assessed automatically.¹¹ There’s no exception for goods that have entered the retail supply chain. The bond condition requires you to be able to redeliver on demand throughout the conditional release period, which means keeping sufficient control over the merchandise until that window closes.

Extensions

Some extensions are available. For EPA-regulated merchandise, the port director may grant up to 30 additional days if delays caused by the EPA or CBP prevented the importer from bringing the shipment into compliance or exporting it within the original timeframe. The extension must be based on good cause.¹² For UFLPA cases, importers can request additional time from the Port Director or Center Director to assemble documentation before the initial detention period expires.

Financial Penalties for Noncompliance

Failing to redeliver triggers liquidated damages under 19 CFR 113.62. The structure is simple but expensive: general merchandise draws damages equal to the value of the goods involved in the default; restricted or prohibited merchandise and alcoholic beverages draw three times the value.¹

Value here is not whatever you wrote on the commercial invoice. It’s the value CBP determines under 19 U.S.C. 1401a, which generally starts with transaction value (the price actually paid or payable) plus packing costs, selling commissions, assists, applicable royalties, and proceeds from resale.¹³ If transaction value can’t be determined, CBP works through a hierarchy of alternative methods.

Damages are recovered through your surety bond. A single-entry bond is generally set at the total entered value plus all duties, taxes, and fees; for restricted or prohibited goods, the bond must be at least three times the total entered value.¹⁴ If the bond doesn’t cover the full amount, you remain personally liable for the difference. Unpaid damages can lead to revocation of import privileges and the inability to secure future bonds.

Protesting the Demand

You’re not without recourse if you believe the demand is wrong. Under 19 U.S.C. 1514, a demand for redelivery to customs custody is a protestable decision, and you have 180 days from the date of the redelivery decision to file a formal protest with CBP.¹⁵ Common grounds include arguing the notice was untimely, that CBP misidentified the merchandise, or that the goods actually comply with the relevant requirements.

A protest doesn’t suspend your obligation to redeliver. While it’s pending, you generally still need to comply with the demand or risk liquidated damages. You may need to return goods you believe were properly admitted and fight the decision afterward. If the protest is allowed, the goods should be released back to you, but the logistics costs you incurred are yours to absorb.

Petitions for Relief From Liquidated Damages

If damages have already been assessed, the petition process under 19 CFR Part 172 gives you a path to reduce or cancel the claim. You must file within 60 days from the date the notice of claim was mailed to the bond principal.¹⁶ The Fines, Penalties, and Forfeitures Officer can grant extensions when circumstances justify it, but don’t count on that as a strategy.

The liquidated damages notice often presents two options. The first is a reduced payment amount that closes the case if paid within 60 days, but choosing this option waives your right to petition. The second is a formal petition, but filing one means you lose access to the reduced-payment option. The Fines, Penalties, and Forfeitures Officer will grant full relief only if you demonstrate the violation never occurred or resulted solely from a CBP error. Short of that, the officer may reduce the claim to an amount at least $100 above what you would have paid under the first option.¹⁷

If your initial petition is denied or the mitigation offered is unsatisfactory, you can file a supplemental petition within 60 days of the decision.¹⁸ If fewer than 180 days remain before the statute of limitations would bar collection, CBP may shorten your initial filing window to as few as seven working days. And if less than a year remains on the statute of limitations at the supplemental petition stage, CBP can require you to waive the statute of limitations as a condition of accepting the petition.

1
eCFR. 19 CFR 113.62 – Basic Importation and Entry Bond Conditions
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eCFR. 19 CFR Part 141 Subpart H – Release of Merchandise
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eCFR. 19 CFR 141.113 – Recall of Merchandise Released from Customs and Border Protection Custody
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eCFR. 19 CFR 141.113 – Recall of Merchandise Released from Customs and Border Protection Custody
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eCFR. 19 CFR Part 134 – Country of Origin Marking
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eCFR. 19 CFR 133.26 – Demand for Redelivery of Released Merchandise
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USDA APHIS. Shipping Plants, Food, and Other Agricultural Items via Express Courier
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U.S. Customs and Border Protection. FAQs: Uyghur Forced Labor Prevention Act (UFLPA) Enforcement
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U.S. Customs and Border Protection. HQ 224872 – Notice of Redelivery; Timeliness
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U.S. Customs and Border Protection. ACE Modernized Forms Quick Reference Guide
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U.S. Customs and Border Protection. Penalties for Failure to Return/Redeliver Goods to U.S. Customs
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eCFR. 19 CFR 12.124 – Time Limitations and Extensions
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Office of the Law Revision Counsel. 19 USC 1401a – Value
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U.S. Customs and Border Protection. Customs Directive 3510-004 – Monetary Guidelines for Setting Bond Amounts
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Office of the Law Revision Counsel. 19 USC 1514 – Protest Against Decisions of Customs Service
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eCFR. 19 CFR Part 172 – Claims for Liquidated Damages; Penalties Secured by Bonds
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U.S. Customs and Border Protection. Mitigation Guidelines: Fines, Penalties, Forfeitures and Liquidated Damages
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eCFR. 19 CFR Part 171 Subpart G – Supplemental Petitions for Relief