Why are goods detained?
Goods in general are detained to: Maintain control over goods until the necessary customs processes have been satisfied and subsequently released from customs control.Detained goods are typically stored in a Public/Private bonded warehouse or a customs controlled storage are (Bond room/chest room, Queens Warehouse or constructively detained in a aria-placeholder outside of customs control.
A detention is made pending an investigation or other process, which may result in the goods being restored to importer/exporter/agent
Difference between a detention notice and seizure
Goods under detention may result in the goods being restored, may be auctioned at the Queens Warehouse or subsequently seized.
Seizures are made after investigations and deliberation by the Commission who then in writing indicates that the goods will not be returned to the import/exporter/ passenger by way of a forfeiture Notice and subsequentlya Seizure Notice.
What are the reasonable cause for an officer to do a detention notice?
- For investigation/clarification
- Duty Payment
- Restricted goods:Import/Export License Permit Example: Detaining pharmaceuticals which require a permit from MOH Detaining camouflage items or swords for MNS permit/approval.
- Goods not being imported/ exported to customs procedures.
- For breach payment/finalization
Legal Framework
| Section 95-132 | Warehousing and goods deposited in a Customs area | Click to visit Customs Act Link |
|---|---|---|
| Section 212 | Commissioner to give notice in writing | Click to visit Customs Act Link |
| Section 258 | Commissioner may prescribe forms | Click to visit Customs Act Link |
Penalties Act
| Section 109 | Warehoused Goods to be produced to Officer ($100,000 per package + pay the applicable duties) |
|---|---|
| Section 112 | Penalty for embezzing warehoused goods (Warehouse to pay duties and the suspect can be imprisoned up to 5 years) |
DETENTION NOTICE SHOULD HAVE THESE RELEVANT INFORMATION
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- Name and Address of Passenger or Importer
- Rotation Number
- Vessel Name and Number
- Reason(s) for detention
- Airway Bill/ Bill of Lading Number (in relation to cargo)
- Officer should sign with ID Number
Standard Operating Procedures
Distribution of Notices of Detention (1 Original and 3 Copies)
- The original is given to the Passenger/importer/exporter/agent
- This is placed on the item detained
- This is given to the Warehouse keeper. When there is no warehouse keeper it is filed with the 4th copy.
- This copy is filed at the station where it is detained. Subsequently sent to the Queens warehouse with the item.
An example c138487 note frozen fish as per invoice uploaded " frozen atlantic salmon fillet trim" they had tariff- 1604110000 (processed) but the tariff change to 03048100 to read (pacific salon - frozen fish so that would be the tariff and its going to precision stated on entry with b/l 20 degree)
Selling commission is added to the price, while BUYING IS NOT ADDED
As noted above a seizure notice comes before a forfeiture; please see the image below
A forfeiture order gives a lengthy detail of what happened relating to the shipment
A seizure notice looks just the same as a detention notice
Import Release- Jamaica Kingston Wharves
Import Release customs officer are responsible for managing the importation of containers from Kingston Wharves (JMKWL) to designated sites, including the company's location (AEO), Special Economic Zone (SEZ) (IM9), Warehouse (IM7), or for transfer to a public bonded warehouse such as Adolph Levy, Universal Freight Handlers, or Kingston Logistics Center.
Import Release Fees
| AEO | $40,000 + $20,000 |
| Site | $40,000 + $15,000 |