The Role of Customs Delays in DEM/DET Charges — and How to Contest Them

Introduction

For importers of perishable goods, time is everything. Unfortunately, a customs hold — whether for USDA, FDA, or CBP inspection — can keep your cargo at the terminal far longer than planned. Each day of delay may lead to demurrage (port storage) or detention (container use) fees.

But here’s the truth: You don’t always have to pay these charges if they stem from customs delays beyond your control. At Royal Cold Storage, we’ve helped importers successfully contest these fees with the right documentation and strategy.

Understanding Customs Holds for Perishables

Customs inspections for food products can include:

USDA Agriculture Inspections for pests or disease

FDA Sampling for safety compliance

CBP Exams for documentation or security checks

Each inspection can add hours or days to your cargo’s port stay.

Why Customs Delays Lead to DEM/DET Fees

Cargo remains on terminal past free time (demurrage).

Container stays in your possession beyond the allowed days (detention).

Carriers argue that free time applies regardless of customs activity.

How to Contest Customs-Related DEM/DET Fees

Gather Proof of the Delay

USDA/FDA inspection notices with official timestamps.

CBP release messages showing the date and time clearance was granted.

Email confirmations from your customs broker about inspection completion.

Show Prompt Action on Your Part

Appointment requests submitted immediately after release.

Drayage requests sent to truckers with documented timestamps.

Any correspondence showing you were ready to move cargo ASAP.

Cite Tariff or Contract Provisions

Some carriers and terminals have clauses that extend free time in cases of government inspection — especially for perishables.

Organizing Your Dispute Package

Cover Letter summarizing the customs delay and why fees should be waived.

Timeline of Events from vessel arrival to final pickup.

Official Customs Documents proving inspection duration.

Evidence of Prompt Action after clearance.

Example Case: Royal Cold Storage Client Win

A client importing fresh fruit faced $3,200 in DEM/DET charges after a USDA inspection delayed pickup by 3 days.

We compiled USDA inspection reports, CBP release messages, and truck appointment confirmations.

Submitted a chronological dispute package citing perishable cargo tariff clauses.

Result: 100% of fees waived.

How Royal Cold Storage Can Help

Track Customs Holds in Real Time so you know exactly when cargo is released.

Archive Inspection Reports & Release Notices for disputes.

Coordinate Drayage Immediately after clearance to minimize risk of charges.

Prepare Dispute Packages that carriers and terminals can’t ignore.

Final Takeaway

Customs inspections are part of importing perishable goods — but they shouldn’t automatically mean you pay high DEM/DET charges. With the right records, timelines, and advocacy, you can push back and protect your bottom line.

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