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An individual may make his/her own Customs clearance of goods imported for personal use or business. All merchandise coming into the United States must clear Customs and is subject to a Customs duty unless specifically exempted by law. Clearance involves a number of steps: entry, inspection, appraisement, classification and liquidation.
The U.S. Customs Service does not require an importer to have a license or permit. Other agencies may require a permit, license, or other certification, depending on what is being imported. Customs entry forms do ask for your importer number. This is either your IRS business registration number, or if your business is not registered with the IRS or you do not have a business, your social security number.
The importer must declare the dutiable value of merchandise. The final appraisement is fixed by Customs. Several appraisement methods are used to arrive at this value. The transaction value serves as the primary basis of appraisement. Transaction value is the price actually paid or payable by the buyer to the seller for the goods imported. Other factors may also add to the dutiable value of merchandise, such as packing costs, selling commissions, royalty or licensing fees, etc. When the transaction value cannot be determined, then the value of the imported goods being appraised is the transaction value of identical merchandise. If merchandise identical to the imported goods cannot be found or an acceptable transaction value for such merchandise does not exist, then the value is the transaction value of similar merchandise. Similar merchandise means merchandise that is produced in the same country and by the same person as the merchandise being appraised. It must be commercially interchangeable with the merchandise being appraised. The identical or similar merchandise must have been exported to the United States at or about the same time the merchandise being appraised is exported to the United States.
The importer must determine the classification number of the merchandise being imported. The Harmonized Tariff Schedule of the United States (HTSUS), issued by the United States International Trade Commission, prescribes the classification of merchandise by type of product; e.g., animal and vegetable products, textile fibers and textile products.
The importer must pay estimated duties and processing fees if applicable. Customs makes the final determination of the correct rate of duty. The duty rate of an item is tied to its classification number. The HTSUS provides several rates of duty for each item: general rates for countries with which we maintain normal trade relations (NTR); special rates for special programs (free, or lower than the rates currently accorded NTR countries); and column 2 rates for imports not eligible for either general or special rates. Customs duties are generally assessed at ad valorem rates, a percentage of which is applied to the dutiable value of the imported goods. Some articles, however, are dutiable at a specific rate (so much per piece, liter, kilo, etc); others at a compound rate of duty (i.e., combination of both ad valorem and specific rates).
If formal entry is required - the importer may have to post a surety bond.
It is the importers responsibility to ensure that his or her goods being imported meet admissibility requirements - such as proper marking, safety standards, etc. - and that the proper permits, if required, have been obtained in advance of the goods arriving in the United States.
Keep the following questions in mind before you buy something from a foreign source. - Can the goods be legally imported? Are there restrictions on, or special forms required, for your purchase's importation?
- Are you buying the item(s) for your personal use or for commercial purposes?
- Will you be responsible for shipping costs? If so, you should discuss with the seller how your purchase will be shipped. The choices are freight, courier service or international postal service. If you're not careful, transportation and handling costs could far outweigh the cost of your purchase. Sometimes, the seemingly cheaper methods can be more expensive in the long run because they are more susceptible to theft, misdeliveries and logistical problems. You should discuss with the seller what the exact delivery arrangements will be. If the seller does not make arrangements for postal or door-to-door delivery, you will either need to hire a customs broker to clear your goods and forward them on to you, or go the port of entry and clear them yourself.
- Can you trust the seller to provide accurate information about the item being shipped in the Customs section of the shipping documents? Giving misleading or inaccurate information about the nature of the item and its value is illegal. And it is the importer - YOU - who could face legal action and fines for this violation!
The following is a brief primer on the various factors that can impact the clearance of your goods through CBP. Follow the links for more detailed information.
If your goods are valued at more than $2000, or for commercial textile shipments (clothes/materials) regardless of value, you will be required to file a formal entry, which can require extensive paperwork and the filing of a U.S. Customs and Border Protection bond. As mentioned above and for various reasons, CBP may require a formal entry for any importation. CBP, however, rarely exercises this right unless there is a particular concern about the circumstances surrounding an importation. Because filing a formal entry can be complicated, the U.S. Customs and Border Protection recommends importers consider hiring a customs broker to complete the transaction. Lists of brokers can be found on the port pages of CBP web site. One of the most difficult things about filing formal entries is accurately identifying the correct classification number of the item being imported. The Harmonized Tariff Schedule of the United States (HTSUS) lists classification numbers for every conceivable item under the Sun. The HTSUS is the size of an unabridged dictionary, and specialists train for months to learn how to correctly classify goods. The classification number of an item determines many requirements pertaining to that item's importation such as it's duty rate, eligibility for special import programs like the Generalized System of Preferences (GSP) or the North American Free Trade Agreement (NAFTA), and whether or not the item is subject to quota restrictions. Failure to correctly classify an item can result in fines and/or delays in delivery. You may write to U.S. Customs and Border Protection for a binding ruling, and/or contact an import specialist at your local port for help to identify the proper classification number for your imported item.
The importation of seafood is governed by the Food and Drug Administration, the National Marine Fisheries Service and the Fish and Wildlife Service. The importation of marine mammals is also under the jurisdiction of the NMFS and FWS.
Tuna and anchovies are subject to Quota.
The U.S. Fish and Wildlife restricts the quantity of caviar that can be brought into the U.S. by travelers to 250 grams. If the traveler has more than that quantity, the goods will be subject to seizure. There are also restrictions on commercial importations.
There is an embargo on shrimp, prawns and products from certain countries. The Department of State, Office of Marine Conservation has provided Customs and Border Protection (CBP) with a list of countries they certified as using acceptable methods of shrimp harvesting. Imports of shrimp from certified countries are admissible. Ask a cleared and delivered rep for the latest
status on seafood imports.
Before you decide to import an automobile or car parts into the United States, you should ensure that the car or car parts conform to the Environmental Protection Agency (EPA) and Department of Transportation (DOT) regulations. These agencies have very detailed requirements that can make importing a vehicle difficult, if not impossible, for some vehicles that were not originally manufactured for the U.S. market.
Nonconforming vehicles less than 25 years old entering the United States must be brought into compliance, exported, or destroyed.
Cars over 25 years old are exempt from EPA and DOT requirements, although you will still need to obtain and prepare EPA and DOT paperwork to provide to a Customs and Border Protection (CBP) officer in order to clear your car through CBP.
From a CBP standpoint, you must file an entry on the car to receive the entry summary document CBP Form 7501. Filing an entry is initiated by declaring the car to a CBP officer when you enter the U.S. If your paperwork is in order, the officer will help you file the entry at the border. If you are not prepared, the officer may advise you to file the entry at a CBP port near your residence – however, in many cases the closest port could be 1-3 hours from your home, so it is in your best interest to be prepared to file the entry when you initially bring the car into the U.S. Without a copy of the CBP entry form, you will not be able to register the car in the U.S.
Prior to filing your entry with CBP, ensure you have valid proof of ownership, which is an original certificate of title, or a certified copy of the original. Ensure you have documentation, such as a manufacturer’s letter, stating that the car conforms to EPA and DOT standards, as well as a completed EPA form 3250-1 and DOT form HS-7. (If the vehicle has stickers on the engine (EPA) and inside the drivers-side door (DOT) stating that the car was manufactured to U.S. standards, you will not need a manufacturers letter. Some vehicles are listed by make, model, and year on the DOT and EPA web sites as conforming. If your vehicle is one of those, that would also negate the need for a manufacturers letter.)
If the vehicle has not been in your household for at least one year, you will be required to pay 2.5% duty, which is assessed based on the purchase price or blue book value. It is illegal to bring a car into the U.S. and sell it without first entering it through CBP. If you purchase a car that was brought into the U.S. and sold without being properly entered through CBP, that car is subject to seizure. NEVER purchase a used car in the U.S. if the owner cannot show that it is currently registered in the U.S. and demonstrate that it conforms to DOT and EPA standards.
If purchasing a car from a dealer, they should handle registration for you, if they don’t, the purchase should be contingent on your successful registration of the vehicle. (We get many calls from people who unwittingly purchased a vehicle that had been brought into the U.S. and then illegally sold. Buyer beware.)
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