Customs has stopped my goods — what do I do first?
Establish which action was taken. A detention holds goods while Customs investigates and can often be released within days. A seizure transfers the goods to the State and must be challenged by written representations within the stated period. An embargo blocks movement pending a query. Every route has a short deadline, and storage and demurrage accrue daily.
What the hold is costing you right now
Storage and demurrage accrue every day the goods sit. Enter the date the goods were stopped and your forwarder's daily rate to see the accrued cost, and the deadline date to see how long you have left. Typical container demurrage and port storage runs from R600 to R3,500 per container per day.
Indicative only. Confirm the actual daily rate with your forwarder in writing, and confirm the deadline on the notice itself.
What does the Customs notice actually say?
Look at the heading of the letter or the DA form. The wording tells you which process you are in.
How this is decided in law
Customs acts under the Customs and Excise Act 91 of 1964. Three different actions get loosely described as goods being stopped, and they have very different consequences: detention, seizure and embargo. The first thing to do is read the notice and establish which one you are in.
Detention under section 88(1)(a) holds goods while Customs investigates. Ownership does not change. This is the recoverable position, and the practical work is a motivated release submission supported by the correct classification, valuation or origin evidence.
Seizure declares the goods forfeit to the State. There is a limited statutory window for written representations for remission or mitigation of forfeiture, and that deadline is the single most important date in the file. Missing it generally ends the matter.
An embargo blocks the movement of goods pending a query. Embargoes usually resolve quickly once the actual question is answered in the form Customs expects, but they accrue storage and demurrage at exactly the same rate as a detention.
The economics drive the strategy. Container demurrage and port storage typically run from R600 to R3,500 per container per day, and detention costs on refrigerated or hazardous cargo are higher again. On a thirty-day hold the accrued cost commonly exceeds the disputed duty, which is why paying duty under protest or lodging security to release the goods is frequently the cheaper path even in a dispute you expect to win.
Underlying reasons cluster into a short list: tariff classification, valuation, missing ITAC permits, origin and preference claims, counterfeit suspicion, and prohibited or restricted goods. Each has its own evidence requirement, and each is won on documents rather than argument.
Where the hold is caused by a missing ITAC import permit, understand that ITAC does not issue permits for goods that have already arrived. The route is release, re-export or abandonment, and the choice should be made on a costed comparison, quickly.
Counterfeit suspicions bring the Counterfeit Goods Act 37 of 1997 into play, alongside the rights holder. Legitimate licensed and parallel-import goods are regularly caught, and the answer is documentary proof of authorisation delivered fast enough to matter.
Our customs fees are fixed and agreed in writing before work starts, government fees included. Because these matters are measured in days, we take instructions the same day and confirm the fee before the first submission goes out.
| Action | What it means | Deadline | Our fixed fee |
|---|---|---|---|
| Detention (s88(1)(a)) | Goods held pending investigation, ownership unchanged | Act within days; release typically 5 – 20 working days | R25,000 – R65,000 |
| Embargo / stop note | Movement blocked pending a query | Answer immediately; lifts in 3 – 10 working days | R18,000 – R45,000 |
| Seizure (s87 / s88) | Goods declared forfeit to the State | Written representations within the period stated on the notice | R45,000 – R120,000 |
| Counterfeit detention | Counterfeit Goods Act process plus rights holder | Days — statutory notice periods apply | R55,000 – R140,000 |
| Assessment or letter of demand | Monetary claim for duty, VAT and penalties | Internal appeal within the stated period | R30,000 – R85,000 |
| Hold older than 30 days | Escalation, plus risk of conversion to seizure | Immediate | R35,000 – R95,000 |
The process, step by step
- 1Same-day triage
Send us the notice, bill of entry, invoice and packing list. We tell you which process you are in and what the controlling deadline is.
- 2Cost exposure calculation
We establish the daily demurrage and storage rate so the decision to fight, pay under protest or re-export is made on numbers.
- 3Evidence pack
Classification opinion, valuation support, origin documents or permit evidence — whichever the hold actually turns on.
- 4Submission to Customs
A motivated release submission, embargo response or representations against forfeiture, lodged with the correct branch.
- 5Release or escalation
We press for release, arrange security or provisional payment where that moves the goods faster, and escalate if a decision stalls.
- 6Prevent the repeat
Once the goods move we fix the root cause — classification rulings, permits or registration — so the next consignment clears cleanly.
Questions people ask
How long does Customs keep detained goods?
There is no fixed period. A detention can be resolved in days with a proper submission, or drift for months without one — and a long-running detention can be converted into a seizure, which is much harder to reverse.
What is the difference between detention and seizure?
Detention holds the goods while Customs investigates and ownership stays with you. Seizure declares them forfeit to the State and must be challenged by written representations within the period stated on the notice.
Who pays the storage and demurrage?
You do, as importer, regardless of who was at fault. That is why the daily rate should be established in the first hour and why release on security is often cheaper than winning slowly.
Can I get my goods released while the dispute continues?
Often yes. Duty can be paid under protest or security lodged so the goods move while classification, valuation or origin is argued out separately.
Customs says I need an ITAC permit — can I get one now?
No. ITAC does not issue permits for goods that have already arrived. The realistic options are release on another basis, re-export or abandonment, and the choice should be a costed one.
What if Customs says my goods are counterfeit?
The Counterfeit Goods Act process runs in parallel with a rights holder involved. Genuine licensed and parallel-import goods are frequently caught, and documented authorisation from the rights holder is what secures release.
What documents do you need from me?
The Customs notice, the bill of entry, the commercial invoice, the packing list, the bill of lading or airway bill, and any permits. Those six documents let us triage the same day.
How fast can you act?
Same day on instruction. These matters are decided by deadlines and daily costs, so we confirm a fixed fee and start on the submission immediately.
Should I just abandon the goods?
Sometimes that is the right commercial answer, particularly on low-value cargo with high accrued demurrage. We run that comparison openly rather than talking you into a fight that costs more than the container.
Registration 2016/074955/07. Registered with the Department of Water and Sanitation (DWS) and an applicant for EAPASA registration. Regulatory and licensing advisory across South Africa — Pretoria offices, serving Gauteng, the Western Cape and all other provinces. 087 153 6207 · support@dlegal.co.za
This page is general information on the applicable legislation, not legal advice on your specific facts. Fee ranges are indicative; your fixed fee is agreed in writing before any work starts.