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DWPE • Red List • 99-19

Import Alert Removal.

Stuck on the Red List? We manage the entire removal process: Root Cause Analysis, 5 consecutive clean shipments, and the final FDA Petition.

FDA Accepted
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24/7 Monitoring
Status: Detained
Entry #233-9982
Port of Long Beach, CA
Import Alert 99-19
“Detention Without Physical Examination”
Petition Ready
URGENT: DETENTION WITHOUT PHYSICAL EXAMINATION (DWPE) ACTIVE
RED LIST: SHIPMENTS WILL BE HELD AUTOMATICALLY AT PORT OF ENTRY
ACTION REQUIRED: SUBMIT PETITION FOR REMOVAL IMMEDIATELY
DELAY WARNING: DEMURRAGE CHARGES ACCRUING DAILY
URGENT: DETENTION WITHOUT PHYSICAL EXAMINATION (DWPE) ACTIVE
RED LIST: SHIPMENTS WILL BE HELD AUTOMATICALLY AT PORT OF ENTRY
ACTION REQUIRED: SUBMIT PETITION FOR REMOVAL IMMEDIATELY
DELAY WARNING: DEMURRAGE CHARGES ACCRUING DAILY
URGENT: DETENTION WITHOUT PHYSICAL EXAMINATION (DWPE) ACTIVE
RED LIST: SHIPMENTS WILL BE HELD AUTOMATICALLY AT PORT OF ENTRY
ACTION REQUIRED: SUBMIT PETITION FOR REMOVAL IMMEDIATELY
DELAY WARNING: DEMURRAGE CHARGES ACCRUING DAILY
Analyze
Correct
5
5 Shipments
Petition
The Path Out

Petition to Removal.

Getting off the list is a rigorous legal process. You must prove compliance through 5 consecutive clean shipments and submit a formal petition to the Division of Import Operations.

Start The Process
Investigation

Root Cause Analysis.

You cannot just re-ship. FDA requires a detailed Root Cause Analysis (RCA) showing exactly why the violation occurred and what Corrective Actions (CAPA) you implemented.

Contamination
Root Cause Investigation
Source: Raw Material Batch A99
Failure: Supplier CoA Invalid
Corrective Action Plan Required

GREEN LIST

Exempt from DWPE

Fast Entry
No Testing
Exemption

The Green List.

Some alerts (like 99-33 for Milk) have a “Green List” of exempted firms. We help you petition for Green List status so your goods sail through customs without testing.

Cost of Delay

Stop the Bleeding.

Storage fees (demurrage) at the port can cost hundreds per day. Every day you wait to respond to an FDA detention is money lost. We act in under 24 hours.

Port of Entry
Long Beach, CA
Demurrage Fees
$0
Accruing daily while shipment is held.
FDA-2026-P
FDA-2026-P
FDA-2026-P
Petition for Removal
Full evidentiary package
Documentation

Evidence Package.

We assemble the complete legal package: 766 forms, private lab results, analytical packets, affidavits, and the formal petition letter to the Division of Import Operations (DIO).

Testing

Private Lab Coordination.

FDA laboratories are backed up. We coordinate with ISO 17025 accredited private labs to test your detained product and generate the analytical packets FDA requires for release.

Find a Lab
ISO 17025 Accredited
FDA Accepted Methodology
Sample Collection
Completed
Analytical Packet
Processing
FDA Submission
Pending
Misbranded
Incorrect Label
Refused Admission
FD-766
Application for Authorization to Relabel
Detailed Proposal attached
Supervision required
APPROVED
Relabeling

FD-766 Authorization.

Labeling error? We file Form FD-766 to request permission to recondition or relabel the goods at the port, saving them from destruction.

FDA Notices

Decipher the Notice.

“Detained” vs. “Refused” vs. “Hold”. The language matters. We translate FDA's Notice of Action into a clear action plan within minutes.

FDA / ORA
Notice of FDA Action

The shipment described below is currently being detained.

Reason: The article appears to be violative of Section 801(a)(3).

Refusal of Admission will occur if response is not received within 10 days.

Critical
“Refusal” means destruction or export. Immediate action required.
Sample
30-60 subsamples based on lot size.
Culture
FDA BAM Method detection.
Result
Negative finding required.
Alert 99-19

Salmonella Protocol.

Import Alert 99-19 is the most common food detention. It requires specific sampling methods (30-60 subsamples) and PCR testing. We manage the entire protocol.

Devices

Medical Device Holds.

Devices are often held for lack of 510(k), registration, or UDI. We verify your FURLS status and provide the “Affidavit of Compliance” needed for release.

Medical Device
Class I/II
Alert 89-08
Detention Reason
“Device appears to be adulterated due to lack of premarket notification (510k) or GMP violations.”
QSR (21 CFR 820) Audit Required
Export
Ship goods back to origin or non-US destination. Costly freight.
Destruction
Destroy goods under CBP/FDA supervision. Total loss.
Consequences of Failed Petition
Consequences

Risk of Refusal.

If you fail to respond or your petition is denied, the goods are “Refused.” You have 90 days to export or destroy them under CBP supervision. Total loss.

Speed

Expedited Review.

Our digital petitions are structured for DIO reviewers, reducing back-and-forth. We aim for removal in 45 days vs. the industry average of 3-6 months.

Standard Process3-6 Months
Assurentry Expedited45 Days
Risk Prediction
Product CategoryHigh Risk (Seafood)
Country of OriginMedium Risk
Supplier HistoryClean
Overall Detention Probability: 34%
AI Analysis

Predictive Compliance.

We analyze your supplier history and product category against FDA's PREDICT algorithm to warn you of high-risk shipments BEFORE they leave the factory.

Coverage

Every Port of Entry.

Whether your goods are stuck in Long Beach, Newark, or Savannah, our platform covers all 300+ US ports of entry. We handle the local FDA import office digitally.

Long Beach
New York
Savannah
Miami
Houston
Nationwide Coverage
We handle detentions at every US Port of Entry.

Platform vs. Consultants.

Don't pay hourly fees for a process we've automated.

Comparison
Registrar Corp
Manual
Smarter
Assurentry
Platform
Petition Drafting
Data-driven arguments.
Manual / Hourly
Automated Engine
Lab Coordination
We book the lab.
You manage
Full Service
Shipment Tracking
Track the 5 clean shipments.
Email Chains
Live Portal
Success Rate
Proven methodology.
Variable
98% Removal
Pricing
No surprise bills.
$5000+ Retainer
Flat Fee

Don't stay detained.

Every day on the Red List costs you market share. Start your removal petition now.

Full Detention Defense

Everything you need to get your shipment released and your name cleared.

Private Lab Coordination

We coordinate testing with FDA-approved labs.

Testimony Drafting

Legal arguments to prove compliance.

Shipment Monitoring

Tracking the 5 consecutive shipments required for removal.

Frequently Asked Questions

Common questions about this regulatory requirement.

100% FDA Acceptance Guarantee

Secure Your Supply Chain.

Don't let a clerical error stop your shipment at the border. Join 2,800+ food companies who trust Assurentry for automated compliance.

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4.9/5 Rating
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