Moving Household Goods to
the United States
A Guide to Customs Regulations
This brochure provides
Customs information for the following groups of people:
• Returning residents who have been living outside of the United
States for a number of years and are returning to live in the United
States.
• U.S. Government personnel, both civilian and military, returning
to the United States with personal and household effects after a tour
of duty abroad.
• First-time immigrants who intend to take up residence in the
United States and former residents who qualify for consideration as
nonresidents.
• Part-time residents who live part of the year in the United
States and the rest of the year in another country.
This brochure also addresses the issue of importing inherited goods described
on page X.
Every effort has been made to make the information in this brochure as
accurate as possible and to cover the subjects that are of most general
interest and concern. It is not possible, however, to cover all matters
in detail, and the pertinent regulations change from time to time.
Persons arriving in the United States from foreign countries are divided
into two classes for Customs purposes: (1) residents of the U.S. returning
from abroad, and (2) all other persons, from here on referred to as nonresidents.
Your classification determines the exemptions from payment of duty on
your household effects for which you are eligible.
A resident of a foreign country married to a U.S. resident, and any children
born abroad are considered nonresidents when coming into the United States
for the first time.
You may write to the U.S. Customs Service, PO Box 7407, Washington, D.C.
20044, if you have a question that is not answered by the information
in this brochure.
Contents
Determining your Customs Status
Returning Resident
Government/Military Employee
Returning in advance of PCS orders
Emergency Evacuee
Nonresident/First-Time Immigrant
Part-Time Resident
What are Household Effects?
What are Personal Effects?
Inherited Goods
General Procedures for Importing Household and Personal Effects
Goods That Accompany You
Goods Shipped Separately
Importing an Automobile or Other Vehicle
Safety, Bumper and Theft Prevention Standards
Federal Tax
Emission Standards
Passenger Cars or Trucks Originally Manufactured to Meet U.S. Emission
Standards
Passenger Cars or Trucks Not Originally Manufactured to Meet U.S. Emission
Standards
Shipping Arrangements
General Rules for Liquor and Tobacco
Prohibited or Restricted Goods
Biological Materials
Books, Videotapes, Cassettes, Computer Programs
Cultural Artifacts and Cultural Property
Dog and Cat Fur, Items Made From
Firearms and Ammunition
Food and Dairy Products
Fruits, Plants, Vegetables
Gold
Meats, Livestock, Poultry
Medicine/Narcotics
Money
Pets
Trademarked Articles
Wildlife, Fish, Plants
Returning Residents
Duty Exemptions for Household and Personal Effects
Professional Equipment/Tools of Trade
Liquor and Tobacco
Firearms and Ammunition
Gifts
Government/Military Personnel
Differences between Government/Military Personnel and Returning Residents.
Duty Exemptions for Household and Personal Effects
Traveling by Military Transport
Unaccompanied Baggage
Automobiles
Liquor, Tobacco
Firearms and Ammunition
Nonresidents/First-Time Immigrants
Differences between Nonresidents and Returning Residents.
Duty Exemptions for Household and Personal Effects
Professional Equipment/Tools of Trade
Automobiles
Liquor, Tobacco
Firearms and Ammunition
Gifts
Part-Time Residents
Differences between Part-time Residents and Returning Residents.
Appendix
U.S. Customs Form 3299 – Declaration For Free Entry of Unaccompanied
Articles
U.S. Customs Form 6059B – Customs Declaration
Determining Your Customs Status
Returning Resident
A returning resident is a citizen of the United States, or a person who
has formerly resided in the United States, (including American citizens
who are residents of Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, or the U.S. Virgin Islands) who is returning from abroad.
In order to be classified as a returning resident, it must be understood
that your time out of the country was for a temporary period. If your
intent was to move abroad permanently (you married a nonresident), and
after a time, your plans unexpectedly changed (you became divorced), your
return to the U.S. may be classified as a nonresident move.
If you have lived abroad for more than three years you may enter as a
nonresident.
Government/Military Employees
U.S. Government personnel are individuals employed by the U.S. Government.
They must receive a paycheck from the U.S. Government. The person in the
service of the United States must be returning under Government orders
at the end of an extended duty assignment outside the Customs territory
of the United States.
An extended duty assignment abroad must be longer than 140 days, except
as noted for Navy personnel. Military and civilian personnel are entitled
to free entry privileges if:
• They are returning, at any time, after an assignment of extended
duty.
• They are returning to the United States on permanent change of
station (PCS) orders regardless of the duration of assignment overseas.
• They are under permanent change of station (PCS) orders to another
post or station abroad, requiring return of their personal and household
effects to the United States.
Navy personnel serving aboard a United States naval vessel, or a supporting
naval vessel when it leaves the United States on an intended deployment
of 120 days or more outside the country, and who continue to serve on
the vessel until it returns to the United States are entitled to the extended
duty exemption.
Returning in Advance of Permanent Change of Station (PCS) Orders
Family members who have lived overseas with the employee, but return
to the United States with their possessions before the employee receives
his/her orders ending the extended duty assignment, cannot claim the duty-free
exemption granted to military or Government personnel; for example, a
spouse who returns to the United States to look for housing or a student
who returns to the U.S. to enter college.
Emergency Evacuees
Any person living abroad who is ordered by the United States Government
to leave a specific foreign country and return to the United States because
of civil unrest or war is given the same exemption granted under the Harmonized
Tariff Schedule to U.S. Military and Government Personnel. This may include
government personnel, tourists, persons employed in private business –
in short, anyone covered by an evacuation order.
Nonresident/First-Time Immigrants
First-time immigrants to the United States are considered to be nonresidents
the first time they enter the United States. Every time thereafter they
are considered to be returning residents as long as they have their Immigration
and Naturalization Service form I-551, residency visa, a.k.a. “green
card.”
Part-Time Residents
A part-time resident may maintain two households, one in the United States
and one in another country. They may be in the United States for business,
for pleasure, or for educational purposes. The visit can be for a few
weeks or for several years. A part-time resident may be classified, for
Customs purposes, as either a returning resident or a nonresident. The
status of either returning resident or nonresident is dependent upon several
things and is usually decided on a case-by-case basis. Deciding factors
include citizenship, where the traveler pays taxes, where he/she is employed,
what country or state drivers license he/she possess, etc. A U.S. citizen
is presumed to be a resident unless they can show that they are a resident
of another country (e.g., possess a residency visa for another country,
a round-trip ticket to return to another country, etc.) A citizen of another
country residing in the U.S. must have an Immigration and Naturalization
Service form I-551, residency visa, a.k.a. “green card,” to
be considered a returning resident.
Household Effects
Household effects are furniture, dishes, linens, libraries, artwork and
similar household furnishings for your personal use. The articles must
have either been available for your use or used in a household where you
were a resident for one year and are not intended for any other person
or for sale. The year of use does not need to be continuous, nor does
it need to be the year immediately before the date of importation.
Personal Effects
Personal effects are items that belong to, and are used by, one person,
such as wearing apparel, jewelry, photographic equipment and tape recorders.
They cannot be entered as household effects.
Inherited Goods
Inherited goods imported into the United States cannot be brought in
duty-free as household or personal effects unless they meet the following
criteria:
• They are antiques (over 100 years old) and you have documentation
to prove this.
• They were available for your use in a household where you resided
for a year prior to your moving to the United States. It does not have
to be the year prior to the inheritance, for example, they were in your
parents house while you were growing up.
Even if the above conditions do not apply to your inherited goods, because
most inherited goods are used, the amount of duty assessed will most likely
be small.
General Procedures for Importing Household and Personal
Effects
When completing the Customs Form (CF) 6059B, “Customs Declaration,”
for accompanying goods, or the CF 3299 “Declaration For Free Entry
of Unaccompanied Articles,” the statement that the goods are “household
effects” is not sufficient information. The complete inventory of
imported goods will be treated as the packing list and must be provided
to Customs upon request. The following is an example of an invoice description.
Furniture: Tables, chairs, sofas, bedroom, home/office and living room
furniture, desks, lamps, mirrors, etc.
Kitchenware: Silverware, glassware, chinaware, pots, pans, utensils,
electrical kitchen appliances, etc.
Household goods: Linens, towels, rugs, toiletries, cleaning products,
decorative articles, art, framed pictures, toys, strollers, crafts, holiday
decorations, fans, washers, dryers, VCRs, TVs, stereos, records, collectibles,
etc.
Sport equipment: (NO FIREARMS). Bicycles, weights, stationary equipment,
skis, skates, surfboards, etc.
Clothes: For women, men, boys, girls, and infants.
Books/Printed materials: Books, calendars, personal records, photo albums,
etc.
Home/Office equipment/Tools of Trade: Computers (CPU, monitor, printer,
software, etc.), filing cabinets, shredders, fax machines, telephone equipment,
calculators, books, etc.
Other personal effects: Item(s) not covered by previous categories should
be individually described.
The quantity on the invoice must, at minimum, provide the count in boxes,
crates, or pieces. This information is required for the efficient completion
of Customs document review and examination.
NOTE: To safeguard against the importation of dangerous pests, the U.S.
Department of Agriculture prohibits solid wood packing materials from
China unless they have been fumigated and have appropriate documentation.
Goods That Accompany You
Household and personal effects that arrive in the U.S. on the same vessel,
vehicle or aircraft, and on the same day that you do, are considered to
accompany you. Articles that are shipped as freight on a bill of lading
or airway bill are also considered to accompany you when the baggage arrives
in the U.S. on the same conveyance that you arrive on. You must complete
Customs Form 6059B, “Customs Declaration,” listing all items
with their value that you are bringing into the United States with you.
Identify those you believe are entitled to duty-free entry, based on the
information in this publication. Explain your status to the Customs Inspector
and ask any questions that you may have before the inspection of your
belongings begins.
Goods Shipped Separately
Household effects entitled to duty-free entry do not need to accompany
you to the United States; you may have them shipped to your U.S. address
at a later time if you choose. Your shipment of personal and/or household
goods must be cleared through Customs at its first port of arrival unless
you have made arrangements with a foreign freight forwarder to have your
effects sent in Customs custody in-bond from the port of arrival to a
more convenient port of entry for clearance. (Ask your moving company
if they offer this service.) Customs will not notify you that your goods
have arrived. It is the responsibility of the shipper to notify you of
the arrival of your goods. After receiving this notification you must
enter the merchandise. Failure to enter the merchandise within 15 days
after its arrival in port may result in the merchandise being moved to
a general order warehouse. If merchandise is placed in a general order
warehouse, storage charges will accrue and payment of those charges is
the responsibility of the party importing the household goods. Failure
to obtain that merchandise from the general order warehouse within six
months may result in its sale. When you come to Customs to enter your
goods, you must complete Customs Form 3299 “Declaration for Free
Entry of Unaccompanied Articles,” to give to the Customs officer.
If you cannot come to the Customs office yourself, you may designate a
friend or relative to represent you in Customs matters. You must give
that person a letter addressed to “Officer in Charge of Customs”
authorizing that individual to represent you as your agent on a one-time
basis to clear your shipment through Customs.
Importing an Automobile or Other Vehicle
It is important to know that any imported vehicle, new or used, must
comply with U.S. safety, fuel savings, and air pollution control standards.
If an imported vehicle does not conform to these standards, it must be
brought into conformity; otherwise it must be destroyed or exported. Both
the Department of Transportation (DOT) and the Environmental Protection
Agency (EPA) advise that although a nonconforming car may be conditionally
admitted, modifications may be impractical, impossible, or require such
extensive engineering that the labor and material cost may be prohibitive.
Foreign automakers can also certify whether or not an automobile conforms
to U.S. standards. Additional information on importing an automobile can
be found on the U.S. Customs Web site at www.customs.gov under Publications,
Videos and Forms in the Importing and Exporting section, and on the DOT
website and on the EPA website.
The U.S. Department of Agriculture also requires that the undercarriage
of imported cars be free from foreign soil before they can be entered
into the United States. This may be done by steam spray or by thorough
cleaning before shipment.
Safety, Bumper and Theft Prevention Standards
Importers of motor vehicles must file form HS-7 Declaration (available
at ports of entry) at the time a vehicle is imported to declare whether
the vehicle complies with Department of Transportation requirements. As
a general rule, all imported motor vehicles less than 25 years old and
items of motor vehicle equipment must comply with all applicable Federal
Motor Vehicle Safety Standards in order to be imported permanently into
the United States. Vehicles manufactured after September 1, 1978, must
also meet the bumper standard, and vehicles beginning with model-year
1987 must meet the theft-prevention standard.
Vehicles manufactured to meet these standards will have a certification
label affixed by the original manufacturer near the driver’s-side
door. If you purchase a vehicle abroad that is certified to U.S. standards,
you can expedite your importation by making sure the sales contract identifies
this fact and by presenting the contract to U.S. Customs at the time of
importation.
A vehicle must be imported as a nonconforming vehicle unless it bears
the manufacturer’s label certifying that it meets U.S. standards.
If it is a nonconforming vehicle, the importer must contract with a DOT-registered
importer (RI) to modify the vehicle and certify that it conforms to all
applicable federal motor vehicle safety standards. The importer must also
post a DOT bond for one-and-a-half times the vehicle’s dutiable
value. This bond is in addition to the normal Customs entry bond. Copies
of the DOT bond and the contract with the RI must be attached to the HS-7
form. Before an RI can modify your vehicle, it must first be determined
whether the vehicle is capable of being modified to comply with the Federal
Motor Vehicle Safety Standards. The process of modifying your vehicle
may become very complex and costly. A list of vehicles that have already
been determined capable of being modified by an RI may be obtained from
the RI or from the National Highway Traffic Safety Administration’s
(NHTSA) Web site at www.nhtsa.dot.gov/cars/rules/import. Additional information
may be obtained by writing to the National Highway Traffic Safety Administration
(NSA-32), Office of planning and Consumer Programs, 400 7th Street, SW,
Washington, DC 20590; or call: DOT Auto Safety Hotline at 1.888.327.4236:
or by faxing your request to 202. 366.1024.
If you do not have a copy of U.S. Customs’ brochure Importing or
Exporting a Car, the EPA standards are briefly described below. Customs
will require a formal entry, regardless of value for all importations
of nonconforming vehicles unless the nonresident exemption is claimed.
Trailers, motorcycles, and mopeds are also subject to DOT standards.
Federal Tax
Certain imported automobiles may be subject to the gas-guzzler tax imposed
by Section 4064 of the Internal Revenue Code. The tax is imposed on an
automobile that has a fuel economy standard of less than 22.5 miles per
gallon. Additional information may be obtained from any local district
office of the Internal Revenue Service.
Emission Standards
Unless otherwise noted, importers of passenger cars, light trucks, motorcycles
and heavy duty engines must complete and submit an EPA entry form (EPA
Form 3520-1) to Customs upon entry. These forms may be obtained from Customs
at the port of entry.
The following passenger cars, light trucks, motorcycles and heavy duty
engines are subject to Federal emission requirements:
• Gasoline fueled cars and light trucks originally manufactured
after December 31, 1967.
• Diesel fueled cars originally manufactured after December 31,
1974.
• Diesel fueled light trucks originally manufactured after December
31, 1975.
• Motorcycles greater than 49 cubic centimeters displacement
originally manufactured after December 31, 1977.
• Gasoline or diesel fueled heavy duty engines originally manufactured
after January 1, 1970.
• Methanol fueled vehicles or engines manufactured for 1990 or
later model years.
• Compressed natural gas (CNG) or liquid petroleum gas (LPG)
vehicles or engines (including propane) manufactured for 1997 or later
model years.
Note that any nonconforming motor vehicle or engine, which is 21 years
old or greater and has not been modified within that time, is considered
by EPA to be exempted from Federal emission requirements.
Beginning with the 1996 model year, Federal emission requirements also
apply to some non road motorized equipment, such as lawn and garden equipment,
and farm and construction equipment.
For those vehicles that are subject to U.S. emission standards, the following
must be complied with upon entry into the United States:
Passenger Cars or Trucks Originally Manufactured to Meet U.S.
Emission Standards
All 1971 and later model cars or trucks in this category can be identified
by a label in a readily visible position in the engine compartment. This
label will indicate that the vehicle was originally manufactured to comply
with U.S. emission standards. For pre 1971 models, you should verify the
original compliance of the vehicle with the vehicle manufacturer.
Vehicles originally equipped with a catalyst or oxygen sensor are no longer
subject to EPA's requirement that the vehicle be bonded on entry. Vehicles
that have had the catalyst and oxygen sensor removed, or had these components
damaged through use of leaded fuel, are still required to have these components
replaced after importation.
Passenger Cars or Trucks Not Originally Manufactured to Meet
U.S. Emission Standards
These vehicles must be imported through an independent commercial importer
(ICI). The EPA entry form (EPA Form 3520-1) must be submitted by the ICI,
not the vehicle owner. A list of these ICIs may be obtained at the port
of entry or from the EPA. There are no ICIs located overseas and the EPA
does not accept conversions performed overseas. The ICI will be responsible
for modifying and testing the vehicle in order to demonstrate that it
complies with all U.S. emission requirements. Such conversions typically
cost several thousand dollars and take several months to complete. The
EPA assumes no responsibility for the quality of the work performed by
an ICI or its contractual arrangements, including costs. Since ICIs do
not necessarily accept all models, and some models may be difficult to
convert, the EPA suggests that the importer complete arrangements with
an ICI prior to shipping the vehicle to the United States.
Inquiries regarding emission requirements should be addressed to the
attention of: The Environmental Protection Agency, Imports (6405 J), 1200
Pennsylvania Ave NW, Washington, DC 20460. You may also contact the EPA
by phone at 202.564.9240, fax 202.564.2057, or access the Imports Faxback
System to obtain documents including a current list of ICIs at 202.564.9660.
Shipping Arrangements
For your own safety, security and convenience, DO NOT use your car as
a container for personal belongings. The practice of shipping personal
belongings packed in an automobile is discouraged for the following reasons:
• The goods in the car must be available for Customs inspection,
which means you cannot lock your vehicle. If you do, Customs may break
the lock to inspect the goods.
• Your personal belongings are susceptible to theft while waiting
to be loaded on the carrier, while being transported to the U.S., or
after being unloaded in the United States.
• Many shippers and carriers will not accept your vehicle if
it contains personal belongings. The carrier is required to list the
automobile and its contents on the ship's manifest. If the contents
are not listed, the carrier is subject to fines or penalties.
• The vehicle and its contents may be subject to seizure and
you may be subject to fines or penalties if you or your agent do not
declare the complete contents of the vehicle at the time the automobile
is examined by U.S. Customs.
General Rules for Liquor and Tobacco
Tobacco
Products of Cuban tobacco are prohibited to arriving U.S. citizens and
residents, unless acquired in Cuba by persons authorized by the State
Department to travel to Cuba. Persons who are authorized by the State
Department to travel to Cuba will remain subject to the general exemptions
and restrictions applied to the importation of tobacco products.
Cigarettes may be subject to a tax imposed by state and local authorities.
Liquor
You will be required to pay duty on liquor that is imported in quantities
greater than the exemptions allowed for each category of persons moving
to the United States.
While there is no Federal limit to the amount of alcohol you may bring
in, there will most likely be a state limit. This limit is determined
by the state that your goods arrive in, not the state you are moving to
unless your goods are sent in-bond to the state you are moving to.
Alcoholic beverages may not be imported into the U.S. by mail, nor can
Customs release liquor in violation of the laws of the state where it
is entered. As laws vary from state to state, this information may be
obtained from state liquor authorities. The Bureau of Alcohol, Tobacco
and Firearms (ATF) and the U.S. Customs Service have concurrent jurisdiction
in the area of personal use importations of alcoholic beverages. As a
practical matter, it is usually the U.S. Customs Service and the port
director at the port of entry who decide whether or not a particular importation
is, in fact, for personal use only. In certain circumstances, ATF may
exercise joint jurisdiction with Customs in making this determination.
In addition, other state, local or U.S. Customs requirements may apply.
It should be noted that some states prohibit the direct shipment of alcoholic
beverages to individuals. Anyone interested in importing alcohol for personal
use should contact his or her state liquor control agency. If the alcohol
is being imported for sale, you must have an ATF permit in advance of
the goods arriving in port.
Households with personal wine cellars must remember that all alcohol
over the amount eligible for duty-free treatment is dutiable at the applicable
duty rate and that all Federal, state, and local taxes must be paid.
Finally, the determination of whether or not a shipment is for personal
or commercial use cannot be decided solely on the size of the shipment,
but must be determined on a case-by-case basis considering the circumstances
surrounding the importation. However, the size of the shipment may give
rise to questions resulting in the need for an investigation by Customs
or the ATF. For further information contact:
Bureau of Alcohol Tobacco and Firearms
Alcohol Import-Export Branch
650 Massachusetts Ave., NW
Washington, DC 20226
TEL: 202.927.8110
FAX: 202.927.8605
U.S. Customs Service
Commercial Rulings Division
Office of Regulations and Rulings
1300 Pennsylvania Ave., NW
Washington, DC 20229
TEL: 202.572.8700
Prohibited or Restricted Goods
The importation of certain classes of merchandise is prohibited or restricted
to protect community health, to preserve domestic plant and animal life,
and for other reasons. Should you attempt to bring in merchandise that
is prohibited or restricted, the merchandise could be seized and, in addition,
you may be liable for a personal penalty. Prohibited articles include,
but are not limited to, the following: absinthe, lottery tickets, narcotics
and dangerous drugs, drug paraphernalia, obscene articles and publications,
seditious and treasonable materials, hazardous articles (e.g. fireworks,
dangerous toys, toxic or poisonous substances), products made by prison
convicts, forced labor, or indentured labor under penal sanctions, and
switchblade knives (the only exception is for a “one-armed traveler,”
in which case the blade must be no longer than three inches).
Some merchandise that is restricted from entry into the United States
may be released after inspection by the Government agency that imposed
the restrictions. In some instances, this merchandise may be detained
until the conditions attached to the restriction are met. If the restricted
merchandise is not released by the Government agency that imposed the
restrictions and/or the conditions attached to the restrictions are not
met, the merchandise could be seized. In addition, the importer of this
merchandise may be liable for a personal penalty.
U.S. trade sanctions administered by the Office of Foreign Assets Control
(OFAC) generally prohibit the importation into the United States (including
U.S. territories), either directly or indirectly, of most goods, technology,
or services (except information and informational materials) from, or
which originated from, Cuba, Iran, Iraq, Libya, North Korea, or Sudan;
Yugoslavia (Serbia and Montenegro) had a partial lifting of trade sanctions
(See Executive Order 13192); from foreign persons designated by the Secretary
of State as having promoted the proliferation of weapons of mass destruction;
named Foreign Terrorist Organizations; designated terrorists and narcotics
traffickers; the Taliban, and areas of Afghanistan controlled by the Taliban.
Vessels and aircraft under the registry, ownership, or control of sanctions
targets may not import merchandise into the United States. The importation
of Cuban cigars is generally prohibited. Diamonds may not be imported
from Angola or Sierra Leone without a certificate of origin or other documentation
that demonstrates to Customs authorities that they were legally exported
with the approval of the Angola Government of Unity and National Reconciliation.
Treasury Department's Office of Foreign Assets Control has amended the
Iranian Transactions Regulations, 31 CFR part 560, to authorize the importation
into the United States of, and dealings in, certain Iranian-origin foodstuffs
and carpets and related transactions. Section 560.534(a) of this final
rule authorizes the importation of Iranian-origin foodstuffs intended
for human consumption that are classified under chapters 2-23 of the Harmonized
Tariff Schedule of the United States (HTS). Items that are classified
in chapters 2-23 of the HTS that are not foodstuffs intended for human
consumption are not authorized for importation into the United States
by this section. This final rule also authorizes the importation into
the United States of Iranian-origin carpets and other textile floor coverings
and carpets used as wall hangings that are classified under chapter 57
or heading 9706.00.00.60 of the HTS. Items that are classified under heading
9706.00.00.60 ("Antiques of an age exceeding one hundred years/Other")
that are not carpets and other textile floor coverings or carpets used
as wall hangings are not authorized for importation into the United States
by this section.
Import restrictions imposed against sanctions targets vary by program.
Contact the Office of Foreign Assets Control at 202.622.2490 with specific
questions or concerns or visit OFAC’s Web site.
Biological Materials
Biological materials of public health or veterinary importance (disease
organisms and vectors for research and educational purposes) require import
permits.
Write to Foreign Quarantine Program, U.S. Public Health Service, Center
for Disease Control, Atlanta, Ga. 30333.
Books, Video Tapes, Computer Programs and Cassettes
Pirated copies of copyrighted articles (unlawfully made reproductions
or articles produced without the copyright owner’s authorization,
e.g., music CDs, toys, clothing with cartoon characters, etc.,) are prohibited
from importation into the United States. Pirated copies will be seized
and destroyed.
Cultural Artifacts and Cultural Property
Most countries have laws that protect their cultural property (art/artifacts/antiquities;
archaeological and ethnological material are also terms that are used.)
Such laws include export controls and/or national ownership of cultural
property. Even if purchased from a business in the country of origin,
or in another country, legal ownership of such artifacts may be in question
if brought into the United States. Make certain you have documents such
as export permits and receipts, although these do not necessarily confer
lawful ownership. While foreign laws may not be enforceable in the U.S.,
they can cause certain U.S. laws to be invoked. For example, as a general
rule, under the U.S. National Stolen Property Act, one cannot have legal
title to art/artifacts/antiquities that were stolen, no matter how many
times such items may have changed hands. Articles of stolen cultural property
(from museums or from religious or secular public monuments) originating
in any of the countries party to the 1970 UNESCO Convention may not be
imported into the United States.
In addition, U.S. law may restrict importation into the U.S. of specific
categories of art/artifacts/antiquities:
• U.S. law restricts the import of any Pre Columbian monumental
and architectural sculpture and murals from Central and South American
countries.
• U.S. law specifically restricts the importation of Native American
artifacts from Canada; Maya pre Columbian archaeological objects from
Guatemala; Pre Columbian archaeological objects from El Salvador and
Peru; archaeological objects (such as terracotta statues) from Mali;
Colonial period objects such as paintings and ritual objects from Peru;
Byzantine period ritual and ecclesiastic objects (such as icons) from
Cyprus; Khmer stone archaeological sculpture from Cambodia.
Importation of items such as those above is permitted only when the items
are accompanied by an export permit issued by the country of origin (where
such items were first found), or if you came into possession of them before
the treaties were signed. Purveyors of such items have been known to offer
phony export certificates. As additional U.S. import restrictions may
be imposed in response to requests from other countries, it is wise for
the prospective purchaser to visit the State Department’s cultural
property website: http://e.usia.gov/edu/education/culprop/. This website
also has images representative of the categories of cultural property
for which there are specific U.S. import restrictions.
Dog and Cat Fur, Items Made From
Under the “Dog And Cat Enforcement Act Of 2000” it is illegal
to import products containing dog or cat fur. These products include clothes,
accessories, figurines, and novelty items – made from parts or full
pelts of cats and dogs. These items will be seized and violators can be
penalized up to $10,000 for each item containing cat or dog fur.
Firearms and Ammunition
Firearms and ammunition are subject to restrictions and import permits.
The importation of fully automatic weapons, semi-automatic assault-type
weapons, and nonsporting firearms and ammunition is prohibited. Generally,
firearms and ammunition acquired abroad may be imported, but only under
permit. For complete information, write to the Bureau of Alcohol, Tobacco
and Firearms, Department of the Treasury, Firearms and Explosives Imports
Branch, Washington, DC 20226. That agency will furnish permit applications
and answer inquiries about the Gun Control Act of 1968, and import provisions
of the Arms Export Control Act of 1976.
Firearms and ammunition previously taken out of and returned to the United
States by the same person may be released upon presentation to U.S. Customs
of adequate proof of prior possession, i.e., bill of sale, household goods
inventory showing serial number, or Customs registration forms 4455 or
4457.
Food and Dairy Products
Bakery items and all cured cheeses are admissible. The USDA Animal and
Plant Health Inspection Service (APHIS) leaflet, Travelers' Tips, provides
detailed information on bringing food, plant, and animal products into
the United States. Imported foods are also subject to requirements of
the Food and Drug Administration (FDA). Foods not approved by the FDA
may not be entered into the United States.
Fruits, Plants, Vegetables
Fruits, plants, vegetables, cuttings, seeds, unprocessed plant products
and certain endangered species of plants are either prohibited from entering
the country or require an import permit. Canned or processed items are
admissible.
Gold
Gold coins, medals, and bullion, formerly prohibited, may be brought into
the United States. However, copies of gold coins are prohibited if not
properly marked. The importation of counterfeit coins is prohibited.
Meats, Livestock, Poultry
Meats, livestock, poultry, and their by products, such as pate’
and sausage are either prohibited or restricted from entering the United
States, depending upon the animal disease conditions in the country of
origin. This includes fresh, frozen, dried, cured, cooked or canned items.
Commercially labeled, cooked, canned meats, that do not require refrigeration
and are hermetically sealed, may be brought into the United States.
Medicine/Narcotics
Narcotics and dangerous drugs are generally prohibited entry and there
are severe penalties if imported. Certain exceptions to this for U.S.
residents may be found at 21 USC 956(a). A traveler requiring prescription
medications (e.g., cough medicines, tranquilizers, sleeping pills, depressants,
stimulants, etc.) should:
• Have all drugs, medicinals, and similar products properly
identified in their original container in which they were dispensed
to the individual.
• Carry only the quantity that an individual having some sort
of health problem might normally carry.
• Have either a prescription or written statement from his personal
physician that the medicinals are being used under a doctor's direction
and are necessary for the traveler's physical well being while traveling.
Drugs not approved by the Food and Drug Administration may not be imported
into the United States.
Money
There is no limitation in terms of total amount of monetary instruments
that may be brought into or taken out of the United States. Monetary instruments
include U.S. or foreign coins, currency, traveler's checks, money orders,
and negotiable instruments or investment securities in bearer form. If
you do transport, or cause to be transported, by mail or other means,
more than $10,000 in monetary instruments on any occasion into or out
of the United States, or if you receive more than that amount, you must
file a report (Customs Form 4790) with U.S. Customs (Currency & Foreign
Transactions Reporting Act, 31 U.S.C. 1101, et seq.). Failure to report
the transportation of the reportable monetary instruments may result in
seizure of the unreported instruments as well as imposition of civil and
criminal penalties.
Pets
There are controls, restrictions, and prohibitions on the entry of animals,
birds, turtles, wildlife, and endangered species. Cats and dogs must be
free of evidence of diseases communicable to man. Vaccination against
rabies is not required for cats, or for dogs arriving from rabies free
countries. Personally owned pet birds may be entered (limit of two if
of the Psittacine family), but Animal & Plant Health Inspection Services
(APHIS) and Public Health Service requirements must be met, including
quarantine at any APHIS facility at specified locations, at the owner's
expense. Advance reservations are required. Primates, such as monkeys,
apes, and similar animals, may not be imported. If you plan to take your
pet abroad or import one on your return, obtain a copy of our brochure,
Pets and Wildlife.
Trademarked Articles
U.S. Customs enforces laws relating to the protection of trademarks and
copyrights. Articles that infringe a trademark or copyright, which is
use of the protected right without authorization of the trademark or copyright
owner, are subject to detention and seizure. Additionally, the importation
of articles bearing counterfeit marks may subject an individual to a civil
monetary penalty. Articles bearing marks that are confusingly similar
to a registered trademark and gray market articles (genuine articles not
intended for importation into the Unites States,) may be subject to detention
and seizure.
Passengers arriving into the United States are permitted to import one
article, which must accompany the person, bearing a counterfeit, confusingly
similar, or restricted gray market trademark, provided that the article
is for personal use and not for sale. The arriving passenger may retain
one article of each of the above types, accompanying the person. If the
article imported under the personal exemption provision is sold within
one year after the date of importation, the article or its value is subject
to forfeiture.
With regard to copyright infringement, articles that are determined to
be clearly piratical of a registered copyright are subject to seizure.
Articles that are determined to be possibly piratical may be subject to
detention and possible seizure.
The types of articles usually of interest to travelers are:
• Lenses, cameras, binoculars, optical goods.
• Tape recorders, CD players, musical instruments.
• Jewelry, precious metalware.
• Perfumes.
• Watches and clocks.
• Clothing.
Wildlife, Fish, Plants
Wildlife, fish, and plants are subject to certain import and export restrictions,
prohibitions, permits or certificates, and quarantine requirements. This
includes:
• Wild birds, mammals (including marine mammals,) reptiles, crustaceans,
fish, and mollusks.
• Any part or product, such as skins, feathers, eggs.
• Products and articles manufactured from wildlife and fish.
Endangered species of wildlife and plants, including products made from
them, may be prohibited from being imported or exported, as appropriate.
If you are considering purchasing articles made from wildlife, such as
tortoise shell jewelry, leather goods, articles made from whalebone, ivory,
skins, or fur, contact the U.S. Fish and Wildlife Service, Department
of the Interior, Washington, D.C. 20240, for additional information.
Returning Residents
Duty Exemptions for Household and Personal Effects
You may import furniture, dishes, linens, libraries, artwork and similar
household furnishings for your personal use free of duty. To be eligible
for duty-free exemption, the articles must have either been available
for your use or used in a household where you were a resident for one
year. The year of use does not need to be continuous, nor does it need
to be the year immediately before the date of importation. Personal and
household effects entitled to duty-free entry need not accompany you to
the United States; you may have them shipped to your U.S. address at a
later time if you choose. Your shipment of personal and/or household goods
must be cleared through Customs at its first port of arrival, unless you
have made arrangements with a foreign freight forwarder to have your effects
sent in Customs custody in-bond from the port of arrival to a more convenient
port of entry for clearance. (Ask your moving company if they offer this
service.) Customs will not notify you that your goods have arrived. It
is essential that the carrier notify you that your goods have arrived
in port – otherwise after 15 days, they will be taken to a general
order warehouse and may be sold at auction after six months. If merchandise
is placed in a general order warehouse, storage charges will accrue and
payment of those charges is the responsibility of the party importing
the household goods. When you come to Customs to enter your goods, you
must complete Customs Form 3299, “Declaration for Free Entry of
Unaccompanied Articles,” to give to the Customs officer. If you
cannot come to the Customs office yourself, you may designate a friend
or relative to represent you in Customs matters. You must give that person
a letter addressed to “Officer in Charge of Customs” authorizing
that individual to represent you as your agent on a one-time basis to
clear your shipment through Customs.
Professional Equipment/Tools of Trade
If your professional equipment or tools of trade were acquired abroad
they are not entitled to duty-free consideration unless they were in your
possession for one year prior to your return to the United States. If
they were in your possession when you moved abroad, and are being brought
back in connection with your return to the U.S. they are exempt from duty.
Liquor, Tobacco
You may bring in one liter of alcoholic beverages, free of duty and internal
revenue tax, if you are at least 21 years of age, it is for your own use
or for a gift, and it is not in violation of the laws of the state in
which you arrive. Alcoholic beverages beyond the one-liter limitation
are subject to duty and Internal Revenue tax.
Up to 100 cigars and 200 cigarettes (one carton) may be included in your
exemption. Tobacco products of Cuban origin are prohibited unless acquired
in Cuba by persons authorized by the State Department to travel to Cuba.
Firearms and ammunition
Firearms and ammunition previously taken out of, and returned to, the
United States by the same person may be released upon presentation to
U.S. Customs of adequate proof of prior possession, i.e., bill of sale,
household goods inventory showing serial number, Customs Forms 4455 or
4457.
Gifts
Bona fide gifts may be mailed to friends and relatives in the U.S. free
of duty and tax as long as the same person does not receive more than
$100 (or $200 if from American Samoa, U.S. Virgin Islands, or Guam) in
gift shipments per day. If you are bringing gifts with you, the exemption
is $800 in merchandise acquired abroad; $600 from Caribbean Basin Economic
Recovery Act countries; or $1200 from American Samoa, U.S. Virgin Islands,
or Guam. The exemption includes both gifts and other items for personal
use. Gifts must be included in the declaration of the donor when he returns
to the United States. Gifts are not considered as part of household and
personal effects. Alcoholic beverages, cigars, and cigarettes are not
included in this exemption from duty.
Gifts that exceed the $100 or $200 retail value will be subject to customs
duty based on the entire value of the gift or gifts. There is no exemption.
Government/Military Personnel
Difference between Government/Military Personnel and Returning Residents
A special provision allows U.S. Government personnel (military and civilian)
to enter their personal and household effects without payment of duty
and tax when returning from an extended duty assignment overseas, even
if those effects have not been in the household for at least a year before
importation into the U.S. – as is required for returning residents.
Duty Exemptions for Household and Personal Effects
The classifications, rates of duty, and exemptions from duty, are governed
by the Harmonized Tariff Schedule of the United States (HTSUS). Under
item 9805.00.50 of the Tariff Schedules, the personal and household effects
of any person (military or civilian) employed by the U.S. Government,
and returning members of his family who have resided with him at his post
or station, may be entered free of duty unless items are restricted, prohibited,
or limited – as in the case of liquor and tobacco.
The following groups of people are not entitled to this exemption:
• Employees of private business and commercial organizations
working under contract for the U.S. Government.
• Persons under research fellowships granted by the United States
Government.
• Peace Corps Volunteers, employees of UNICEF or the Red Cross.
• Persons going abroad under the Fulbright Hays Act of 1961,
or under the Mutual Educational and Cultural Exchange Act of 1961.
Items sent by mail are eligible for duty free entry if the articles were
in the returnee's possession before leaving the duty station. A copy of
the Government orders terminating the assignment must accompany the articles
in a sealed envelope securely attached to the outer wrapper of the parcel.
The parcel should also be marked clearly on the outside "Returned
Personal Effects Orders Enclosed."
Traveling by Military Transport
Articles that accompany you upon your return to the United States on PCS
orders should be declared on Customs Form (CF) 6059B, "Customs Declaration,"
if you travel on a commercial carrier. If you travel on a carrier owned
or operated by the U.S. Government, including charter aircraft, you will
complete either Department of Defense Form (DD) 1854, "Customs Accompanied
Baggage Declaration," or CF 6059B, “Customs Declaration.”
Be prepared to show Customs a copy of your travel orders.
Unaccompanied Baggage
If you are a Department of Defense (DoD) civilian or military member returning
to the U.S. from extended duty overseas, you should complete DD Form 1252,
"U.S. Customs Declaration for Personal Property Shipments,"
to facilitate the entry of your unaccompanied baggage and/or household
goods into the United States. A copy of your PCS orders, terminating your
assignment to extended duty abroad, should accompany DD Form 1252. This
form is also used by a DoD sponsored or directed individual or employee
of a nonappropriated fund agency that is an integral part of the military
services. All other Government employees should complete CF 3299, "Declaration
for Free Entry of Unaccompanied Articles," and attach a copy to their
orders. The documents are presented to Customs for clearance and are retained
with the manifest.
By completing these declarations you certify that the shipment consists
of personal and household effects that were in your personal possession
while abroad, and that the articles are not imported for another person
or intended for sale.
Employees completing CF 3299 must list restricted articles (e.g., trademarked
items, firearms), and goods not subject to their exemption (e.g., excess
liquor, articles carried for other persons) on the declaration and show
the actual prices paid. All shipments of unaccompanied baggage will be
cleared by Customs upon arrival in the United States.
Automobiles
A conforming foreign made automobile may be included as part of your personal
effects. However, an automobile purchased abroad and sent home before
your Government orders are issued, or a car purchased and not in your
possession before you leave (merely ordered but not delivered to you),
will not be entitled to free entry as a personal or household effect under
9805.00.50. The vehicle would be subject to customs duty at the following
rates:
• Autos......................................2.5%
• Trucks....................................25%
• Motorcycles, mopeds
up to 700 cc..……………Free
700 to 970 cc.……………2.4%
over 970 cc……………...Free
• Trailers………………………Free
Duty rates are based on the market value of the vehicle and those rates
are subject to change on an annual basis.
Liquor, Tobacco
In addition to the limitations stated on page __, active duty U.S. Government
and military personnel who are returning with liquor are exempt from the
age requirement. However, family members of the Government or military
employee must be 21 years old or older to bring back liquor or tobacco
products.
Firearms and Ammunition
Military members returning from active duty outside the United States
are no longer entitled to import, without an import permit, up to three
rifles or shotguns and 1,000 rounds of ammunition. However, they may follow
the normal procedures in acquiring the appropriate firearm import permit
from the Bureau of Alcohol, Tobacco and Firearms (see page __). The guns
need to be declared and the permit shown to U.S. Customs. Surplus military
firearms of any description are prohibited entry. The government will
not ship, or pay for the shipping of ammunition. The employee will have
to arrange and pay for shipping.
The Department of Defense and the U.S. Postal Service prohibit acceptance
by military post offices of war trophy firearms, ammunition, and handguns
for shipment through an APO or FPO of the military postal system.
Nonresidents/First-Time Immigrants
Difference between Nonresidents/First-Time Immigrants and Returning
Residents
Requirements for the importation of alcohol, tobacco, automobiles and
gifts by nonresidents/first-time immigrants are different than those for
returning residents. Please see the following sections for specific details.
Duty Exemptions for Household and Personnel Effects
You may import furniture, dishes, linens, libraries, artwork and similar
household furnishings for your personal use free of duty. To be eligible
for duty-free exemption, the articles must have either been available
for your use or used in a household where you were a resident for one
year. The year of use does not need to be continuous, nor does it need
to be the year immediately before the date of importation. Personal and
household effects entitled to duty-free entry need not accompany you to
the United States; you may have them shipped to your U.S. address at a
later time if you choose. Your shipment of personal and/or household goods
must be cleared through Customs at its first port of arrival, unless you
have made arrangements with a foreign freight forwarder to have your effects
sent in Customs custody in-bond from the port of arrival to a more convenient
port of entry for clearance. (Ask your moving company if they offer this
service.)
Household effects from the country where these effects were used, and
meeting the above criteria, may be entered into the United States duty-free
within 10 years after your initial arrival in the United States as a legal
resident.
Personal effects may be shipped or mailed to you at a later date. The
package should be marked “Used Personal Effects” and must
have been in your possession prior to your entry into the United States.
Anything included in the package that is new may be dutiable.
Professional Equipment
A person emigrating to the United States may enter professional books,
implements, instruments and tools of trade, occupation or employment free
of duty if the articles were owned and used abroad. These items do not
need to have been in your possession for one year prior to importation,
but they must be imported for your use and not for sale. Theatrical scenery,
properties, or apparel and articles for use in any manufacturing establishment
are not eligible for this exemption.
Automobiles
Nonresidents/First-time immigrants may temporarily import a vehicle duty-free
for personal use if the vehicle is imported in connection with the owner’s
arrival. Vehicles do not need to accompany the owner, but should arrive
in the U.S. at approximately the same time, at least within a few weeks.
If a delay of more than a few weeks should occur the importer must prove
that the delay was justified. Vehicles are defined as an automobile, trailer,
airplane, motorcycle, boat or similar vehicle. Vehicles that don’t
conform to U.S. safety and emission standards must be exported within
one year and may not be sold in the United States. There is no exemption
or extension of the export requirement. Conforming vehicles imported under
the duty-free exemption are dutiable if sold within one year of importation.
Duty must be paid at the most conveniently located Customs office before
the sale is completed. Conforming vehicles so imported may remain in the
U.S. indefinitely once a formal entry is made for EPA purposes.
Foreign-made vehicles not in your possession before you leave your foreign
residence, and imported into the U.S., whether new or used, (i.e., ordered
for direct delivery to your U.S. residence, either for personal use or
for sale) are generally dutiable at the following rates:
• Autos......................................2.5%
• Trucks....................................25%
• Motorcycles, mopeds
up to 700 cc..……………Free
700 to 970 cc.……………2.4%
over 970 cc……………...Free
• Trailers………………………Free
Duty rates are based on the market value of the vehicle and those rates
are subject to change on an annual basis.
Liquor, Tobacco
Nonresidents who are at least 21 years old may bring in, free of duty
and internal revenue tax, up to one liter of alcoholic beverage –
beer, wine, liquor – for personal use. Quantities above the one-liter
limitation are subject to duty and internal revenue tax.
You may also include in your personal exemption not more than 200 cigarettes
(one carton) or 50 cigars or two kilograms (4.4 lbs.) of smoking tobacco,
or proportional amounts of each. Cigars of Cuban origin are prohibited.
Firearms and Ammunition
Firearms and ammunition are subject to restrictions and import permits.
The importation of fully automatic weapons and semi-automatic assault-type
weapon is prohibited. Generally, firearms and ammunition acquired abroad
may be imported, but only under permit. For complete information, write
to the Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury,
Firearms and Explosives Import Branch, Washington, DC 20226. That agency
will furnish permit applications and answer inquiries about the Gun Control
Act of 1968.
Gifts
Nonresidents are allowed up to $100 (or $200 if from American Samoa, U.S.
Virgin Islands, or Guam) worth of merchandise, free of duty and internal
revenue tax, as gifts for other people. These gifts must be included in
your declaration and must accompany you. Gifts are not considered as part
of household and personal effects.
Nonresidents can include cigars in their $100 gift exemption, but may
not include cigarettes or alcohol. Gifts originating from countries currently
under sanctions with the U.S. (See Prohibited and Restricted Importation’s
section on page __) may not be eligible for the $100 gift exemption (Example:
Iraq). To ensure that gifts are eligible for the $100 exemption, questions
should be referred to the Office of Foreign Assets Control at 202/622-2480.
Part-Time Residents
Part-time residents are usually students attending school in one country
and spending the rest of the year in another, “snowbirds”
(seasonal residents), or residents who maintain a household in a foreign
country as well as one in the United States. If you are a part-time resident,
any goods you wish to import into your U.S. residence must have been in
your foreign residence for at least one year prior to their importation
into the U.S. to qualify for duty-free importation. Since part-time residents
are either returning residents or nonresidents, please see the requirements
for returning residents starting on page __ and for nonresidents starting
on page __.
Report Drug Smuggling to the U.S. Customs Service
1 (800) BE ALERT
Customs Publication No. 0000-0518 Revised December 2001
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