The answer depends on whether Customs is making the determination as to whether a good is admissible, or whether the determination is being made by another agency. If Customs is making the determination, it has 30 days to determine whether a good is admissible or not. If it has not made the determination within the 30 days, the good is deemed to be excluded, and an importer can file a protest of that deemed exclusion. However, if the determination as to admissibility is being made by another agency (e.g. FDA), there are no time limits on Customs’ detention; rather, any time limits are determined by whatever law governs that agency’s determination. In theory, if there are no time limits that apply to that agency’s determination as to admissibility, Customs could detain the merchandise indefinitely, although there could be some due process arguments raised.
