Border Force seized my China shipment: what now?
Get the seizure notice, identify the affected goods and preserve ownership records. Decide promptly whether to challenge the seizure’s legality, request restoration, or pursue both separately. Diarise receipt deadlines and seek a customs solicitor’s advice. Factory evidence can be coordinated through Cambridge China Bridge.
Check the notice and identify the case
Ask your broker for the complete notice and attachments, not a summary saying “customs delay”. Record the seizing organisation, case reference, goods listed, notice date, seizure date, stated legal basis and contact details. Compare the goods with your declaration and packing list. Ask a customs solicitor whether Notice 12A applies to the stated basis.
Appoint a response owner and preserve the original correspondence, envelope and delivery records. Ask where the goods are held and whether disposal is planned. If the shipment is undergoing examination rather than seizure, follow our HMRC examination guide.
Preserve evidence of ownership
Build an indexed file containing the purchase order, accepted terms, invoices, payment records, shipping documents and factory correspondence. Connect each document to the seized products and named buyer. Keep originals and explain discrepancies rather than replacing documents silently. Use our customs documents guide for the underlying shipping file.
Notice 12A says the challenger or their solicitor must swear an oath in court that they owned the goods when seized. Do not assume the consignee name settles ownership: ask your solicitor to assess the contract and transaction records. Where different owners’ goods share a shipment, each owner wishing to challenge must submit a claim within the deadline.
Choose the correct route
A notice of claim challenges whether the seizure was lawful and leads to court proceedings. Restoration asks for the goods back, including where you accept the seizure was lawful. You can pursue both, but they are separate procedures. A restoration request is not a substitute for a legal challenge, and a tribunal cannot decide whether the seizure was lawful.
Give your solicitor the notice, ownership file and reasons you disagree. For a challenge, identify the specific goods and explain why their seizure was wrong. For restoration, make an explicit written request and explain the circumstances supporting return, with ownership evidence. If Border Force correspondence is submitted by a representative, include the required signed authority.
Protect the initial receipt deadlines
HMRC or Border Force must receive a notice of claim within one calendar month of the seizure date shown on the seizure information notice, or the date shown on the notice of seizure. Notice 12A says there is no provision for late challenges. Ask your solicitor to confirm the exact last date immediately; do not calculate a calendar month as a fixed number of days.
The restoration request should be received within 45 days of the corresponding notice date. Send it promptly: perishable goods are disposed of as quickly as possible, and disposal of non-perishable goods usually begins within 45 days of seizure. Use the correct recipient in Notice 12A, retain submission and delivery evidence, and check receipt rather than relying on dispatch.
Track the decision and further deadlines
If restoration is refused or its conditions are disputed, follow the decision letter’s review instructions. The review request must be received within 45 days of the restoration decision letter. After the review, an appeal to the tribunal must be made within 30 days of the review conclusion. Restoration appeals require a completed review; keep the original decision and review outcome together.
Maintain a case log showing each submission, acknowledgement, decision and next action. Ask the broker what evidence would support collection before booking transport. Review the seizure reason before arranging replacement goods, using our import restrictions guide where relevant. Cambridge China Bridge’s own staff in China can help obtain factory records for your response.
Frequently asked questions
How long do I have to challenge a Border Force seizure?
The notice of claim must be received within one calendar month of the relevant date specified in Notice 12A. There is no provision for late challenges. Ask a customs solicitor to confirm the exact deadline.
Does asking for restoration challenge the seizure?
No. Restoration asks for the goods back; a notice of claim challenges legality. You can pursue both separately, but a restoration request does not replace the notice of claim.
What ownership evidence should I keep?
Keep the purchase order, accepted terms, invoices, payment records, shipping documents and factory correspondence. Match them to the seized goods and ask your solicitor to assess who owned them when seized.
Can I appeal if Border Force refuses restoration?
First request a review within 45 days of the restoration decision letter. If you disagree with the completed review, appeal to the tribunal within 30 days of the review conclusion.