On February 22, CBP published a request for comments in the Federal Register related to the Notice of Detention.
Pursuant to 19 U.S.C. 1499 and 19 CFR 151.16 U.S. Customs and Border Protection may detain merchandise when it has reasonable suspicion that the subject merchandise may be inadmissible but requires more information to make a positive determination. So, if a CBP officer stops you at the border, examines your laptop, discovers something suspicious and takes it from you, then the laptop has been detained. When CBP decides to detain merchandise, a Notice of Detention is sent to the importer or to the importer's broker/agent no later than five business days from the date of examination. The notice states that the merchandise has been detained, the reason for the detention, and the anticipated length of the detention.
Respondents are invited to provide comments related to ways to enhance the quality, utility, and clarify of the information collected, ways to minimize the burden of information and whether the information is necessary and has practical utility.
Comments are due by April 25, 2011.
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