What Happens When an Entry Is Flagged by U.S. Customs

Introduction

When U.S. Customs and Border Protection flags an entry, it does not automatically mean you did something wrong. It usually means CBP needs more time or more information before releasing the shipment. A flag can trigger anything from a simple document review to a full physical examination, detention, exclusion, or seizure, depending on what CBP finds. Legal Information Institute+2Legal Information Institute+2

This guide explains what “flagged” really means, what steps typically happen next, and what importers should do immediately to protect time, money, and compliance.

What “flagged” means in practice

A flagged entry typically results in one or more of these actions:

1. A hold for review or targeting, meaning CBP is pausing release while it evaluates data, documents, or risk signals.
2. A request for information, often issued using CBP Form 28, asking for additional documentation or clarifications. Customs and Border Protection+1
3. A cargo exam, which can include non intrusive scanning or a physical exam and may occur at a Centralized Examination Station (CES) or other exam site. Customs and Border Protection+1
4. A detention, which is a legal status under the Tariff Act process when the goods are not released within the required timeframe, followed by a formal notice and an admissibility determination timeline. Legal Information Institute+2Legal Information Institute+2

Why CBP flags shipments

CBP can flag an entry for many reasons, including:

• Missing or inconsistent paperwork, such as invoice, packing list, bill of lading details, or quantity discrepancies.
• Questions about classification, value, origin, or admissibility.
• Targeting based on risk indicators, routing, commodity, shipper history, or other enforcement priorities.
• Potential issues tied to trade remedies and special duty programs, where CBP often requests supporting evidence. Legal Information Institute+2Federal Register+2

What happens next, the typical sequence

Below is the most common sequence. Not every case includes every step.

Step 1. CBP places a hold and pauses release

Under federal law, imported merchandise that requires inspection, examination, or appraisal generally cannot be delivered from customs custody until those requirements are satisfied, except under bond or other security as allowed. Legal Information Institute

Step 2. CBP may issue a Form 28 request

If CBP needs more details, it can request documents or information using CBP Form 28. Many Form 28 requests are focused on classification support, valuation support, origin support, manufacturing details, and supporting certificates. Customs and Border Protection+1

Practical tip: treat Form 28 like a deadline driven compliance event. A fast, complete, well organized response reduces delay risk and reduces the chance the case escalates.

Step 3. CBP may order an exam

An exam may involve non intrusive scanning or a physical inspection. CBP can direct cargo to an exam site such as a CES. CES facilities are privately operated exam sites where cargo is made available for CBP examination. Customs and Border Protection+1

Also remember your bond responsibilities. Importation bond conditions include holding merchandise intact until properly released and keeping it available for examination. eCFR

Step 4. if not released, the shipment can become “detained”

By statute, CBP generally has five business days, excluding weekends and holidays, to decide whether to release or detain merchandise after it is presented for examination. If not released within that period, it is considered detained merchandise. Legal Information Institute+1

CBP regulations also provide that a notice of detention is issued and that detention is not the final admissibility decision, it is a step in the process. GovInfo+1

Step 5. CBP makes an admissibility determination

CBP’s detention rules establish a timeline for making a final determination on admissibility, and the rules explain what happens if CBP does not make that determination within the required timeframe. These determinations can be protestable depending on the decision type and circumstances. Legal Information Institute

Step 6. CBP may issue a Form 29 Notice of Action

If CBP intends to take an action that affects the entry, such as changing classification, value, or other entry treatment, it may issue a Form 29 Notice of Action. CBP also supports receiving and responding to Forms 28 and 29 electronically through ACE CBP Forms tools. Customs and Border Protection+1

What it can cost when an entry is flagged

Costs vary by port, carrier, terminal, and timing. Common cost drivers include:

• Storage, demurrage, and per diem while a container is held.
• Drayage moves to and from exam sites, plus exam handling and labor.
• Additional broker time, document work, and compliance support.

CBP rules also address that importers can be responsible for certain costs related to making merchandise available for examination, depending on circumstances. GovInfo+1

What you should do immediately

When your entry is flagged, the first 24 hours matter.

1. Confirm the exact reason code and who is holding it
2. Is it CBP, or a Partner Government Agency process tied to the commodity. Do not guess, confirm through your broker and entry notes.
3. Build a clean “response packet” fast
4. Commercial invoice, packing list, bill of lading, purchase order, payment terms, product specs, catalog pages, manufacturing statement, bill of materials, origin proof, and any program documentation relevant to the claim.
5. Validate the “Big Four”
6. HTS classification, valuation method and assists, country of origin, and admissibility for the commodity. Many escalations start with one weak point here. Legal Information Institute+1
7. Respond completely to Form 28 requests
8. Incomplete responses often lead to follow ups, delays, or a move toward Form 29 action. Customs and Border Protection+1
9. Protect timing and cash flow
10. Ask your broker to coordinate exam logistics immediately, and track free time and fee triggers with the carrier and terminal so you can make cost decisions quickly.

How Stile Associates helps when an entry is flagged

Stile Associates supports importers through:

• Rapid diagnosis of the hold type and required evidence
• Form 28 response packaging and supporting documentation strategy
• Classification, valuation, and origin review for reasonable care support
• Coordination with carriers, terminals, and exam sites to reduce dwell time
• If CBP action escalates, we help organize the record to support the appropriate next steps, including protests where applicable

Frequently Asked Questions

Does “flagged” mean CBP thinks I committed fraud?

Not necessarily. A flag often indicates CBP needs more information or wants to verify details. Fraud penalties are a separate legal standard and process. Legal Information Institute+1

How long can CBP hold my shipment before it is considered detained?

Federal law provides that if merchandise is not released within five business days after it is presented for examination, excluding weekends and holidays, it is considered detained merchandise. Legal Information Institute

What is CBP Form 28 and what should I send back?

Form 28 is a Request for Information. You should respond with the specific documents CBP requests, plus supporting documentation that clearly answers the questions and aligns with the entry data. Customs and Border Protection+1

What is CBP Form 29?

Form 29 is a Notice of Action. It can notify you of an action CBP proposes or has taken that affects the entry, and it is often tied to classification, value, or other entry determinations. Customs and Border Protection+1

Can CBP release cargo under bond while issues are reviewed?

U.S. law allows certain releases under bond or other security in specific circumstances while compliance steps are completed, depending on the situation and applicable rules. Legal Information Institute+1

What should I do if my goods are detained for admissibility reasons?

Work with your broker to determine the alleged issue, gather evidence to overcome the concern, and track the detention timeline for a final admissibility determination. Legal Information Institute+1

References

19 U.S.C. § 1499, Examination of merchandise (Cornell Law School):
https://www.law.cornell.edu/uscode/text/19/1499

19 C.F.R. § 151.16, Detention of merchandise (Cornell Law School):
https://www.law.cornell.edu/cfr/text/19/151.16

19 C.F.R. § 151.16, Detention of merchandise (GovInfo PDF, most recent edition link):
https://www.govinfo.gov/link/cfr/19/151?link-type=pdf&sectionnum=16&year=mostrecent

CBP Form 28 PDF (CBP):
https://www.cbp.gov/sites/default/files/2025-05/cbp_form_28.pdf

Federal Register notice, Request for Information (CBP Form 28):
https://www.federalregister.gov/documents/2022/02/28/2022-04156/request-for-information-cbp-form-28

ACE Portal quick reference, Receive and Respond to CBP Forms 28, 29, 4647 (CBP guidance page):
https://www.cbp.gov/document/guidance/modernized-ace-portal-cbp-forms-qrg

ACE Portal QRG PDF, Receive and Respond to CBP Forms (CBP):
https://www.cbp.gov/sites/default/files/2025-11/ace_portal_-_receive_and_respond_to_cbp_forms_1_508.pdf

Centralized Examination Stations (CES) document (CBP PDF):
https://www.cbp.gov/sites/default/files/documents/3270-007A.pdf

MSP Information Bulletin on CES (CBP PDF):
https://www.cbp.gov/sites/default/files/2025-07/information_bulletin_msp_25-003.pdf

19 C.F.R. § 113.62, Basic importation and entry bond conditions (eCFR):
https://www.ecfr.gov/current/title-19/chapter-I/part-113/subpart-G/section-113.62

19 U.S.C. § 1592, Penalties for fraud, gross negligence, and negligence (Cornell Law School):
https://www.law.cornell.edu/uscode/text/19/1592

Final Call to Action:

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