CUSTOMS DECLARATIONS AT U.S. ENTRY
Travelers entering the United States must make truthful customs declarations concerning applicable goods brought from abroad. U.S. residents generally declare articles acquired abroad that they are bringing into the United States, while visitors declare the value of articles that will remain in the United States.
The current CBP customs declaration instructs U.S. residents to declare articles acquired abroad and brought into the United States and instructs visitors to declare the value of articles that will remain in the United States.
Duty-free does not mean declaration-free.
CBP Form 6059B instructs travelers to report applicable goods including gifts. The form asks travelers to provide the value of articles that must be declared.
The CBP declaration specifically asks whether a traveler has commercial merchandise, including articles for sale, samples used for soliciting orders or goods that are not considered personal effects.
The traveler’s obligation is to provide a truthful declaration. CBP determines whether an exemption applies and whether duty must be paid.
Trying to avoid duty by failing to declare an item can create a larger problem than simply declaring the item and allowing CBP to determine the duty.
The customs declaration advises travelers that CBP officers have authority to question travelers and examine their personal property as part of the border inspection.
An undeclared merchandise incident can result in assessment of duty, detention or seizure of goods, civil penalties or other enforcement action depending on the type of merchandise and conduct involved.
A customs declaration problem should not automatically be labeled as immigration inadmissibility. Separate immigration consequences can arise only when the facts satisfy the requirements of an applicable immigration ground.
For example, a knowingly false material immigration representation involves a different legal analysis from a routine customs duty dispute.
CBP’s current Trusted Traveler standards specifically identify customs violations as potential reasons a person may not qualify as a low-risk traveler.
Applicable articles brought into the United States, including gifts, can be subject to the customs declaration requirements.
Yes. Duty-free status and the obligation to make the required declaration are separate questions.
No. Customs enforcement and immigration inadmissibility are separate legal analyses.
These government materials provide the principal CBP customs, agriculture and declaration rules discussed on this page.
The type of goods, declaration made, penalty or seizure record and statements during inspection can affect how CBP treats the incident later.