The duty-free exemption, also called the personal exemption, is the total value of merchandise you may bring back to the United States without having to pay duty. You may bring back more than your exemption, but you will have to pay duty on it. For Canada, the personal exemption is $800, but there are some exceptions to this rule. There are limits on the amount of alcoholic beverages, cigarettes, cigars, and other tobacco products you may include in your duty-free personal exemption. The duty-free exemptions apply if:
• The items are for your personal or household use or intended to be given as bonafide gifts.
• They are in your possession, that is, they accompany you when you return to the United States. Items to be sent later may not be included in your $800 duty-free exemption.
• They are declared to U.S. Customs and Border Protection (CBP). If you do not declare something that should have been declared, you risk forfeiting it. If in doubt, declare it.
• You are returning from an overseas stay of at least 48 hours. For example, if you leave the United States at 1:30 p.m. on June 1, you would complete the 48-hour period at 1:30 p.m. on June 3.
• You have not used all of your exemption allowance, or used any part of it, in the past 30 days—for example, if you go to Canada and bring back $150 worth of items—you must wait another 30 days before you are allowed another $800 exemption.
• The items are not prohibited or restricted.
Tobacco: Travelers may import previously exported tobacco products only in quantities not exceeding the amounts specified in exemptions for which the traveler qualifies. Any quantities of previously exported tobacco products not permitted by an exemption will be seized and destroyed. These items are typically purchased in duty-free stores, on carriers operating internationally, or in foreign stores. These items are usually marked “Tax Exempt. For Use Outside the United States,” or “U.S. Tax Exempt For Use Outside the United States.”
For example, a returning resident is eligible for the $800 exemption, which includes not more than 200 cigarettes and 100 cigars. If the resident declares 400 previously exported cigarettes, the resident would be permitted 200 cigarettes, tax-free under the exemption and the remaining 200 previously exported cigarettes would be confiscated. If the resident declares 400 cigarettes, of which 200 are previously exported and 200 not previously exported, the resident would be permitted to import the 200 previously exported cigarettes tax free under the exemption and the resident would be charged duty and tax on the remaining 200 foreign-made cigarettes.
The tobacco exemption is available to each adult. Except for information and informational materials, no traveler (whether traveling legally under an Office of Foreign Asset Control (OFAC) license or traveling illegally without an OFAC license) may import Cuban origin goods, including Cuban cigars, unless authorized to do so by a specific license issued by OFAC.
Alcoholic Beverages: One liter (33.8 fl. oz.) of alcoholic beverages may be included in your exemption if:
• You are 21 years old.
• It is for your own use or as a gift.
• It does not violate the laws of the state in which you arrive.
Federal regulations allow you to bring back more than one liter of alcoholic beverage for personal use, but, as with extra tobacco, you will have to pay duty and Internal Revenue Service tax.
While Federal regulations do not specify a limit on the amount of alcohol you may bring back for personal use, unusual quantities are liable to raise suspicions that you are importing the alcohol for other purposes, such as for resale. CBP officers are authorized by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to make on-the-spot determinations that an importation is for commercial purposes, and may require you to obtain a permit to import the alcohol before releasing it to you. If you intend to bring back a substantial quantity of alcohol for your personal use, you should contact the port through which you will be re-entering the country, and make prior arrangements for entering the alcohol into the United States.
Also, you should be aware that state laws might limit the amount of alcohol you can bring in without a license. If you arrive in a state that has limitations on the amount of alcohol you may bring in without a license, that state law will be enforced by CBP, even though it may be more restrictive than federal regulations. We recommend that you check with the state government before you go abroad about their limitations on quantities allowed for personal importation and additional state taxes that might apply.
In brief, for both alcohol and tobacco, the quantities listed as being eligible for duty-free treatment may be included in your $800 exemption, just as any other purchase would be. But unlike other kinds of merchandise, amounts beyond those discussed here as being duty-free are taxed, even if you have not exceeded, or even met, your personal exemption. For example, if your exemption is $800 and you bring back three liters of wine and nothing else, two of those liters will be dutiable. Federal law prohibits shipping alcoholic beverages by mail within the United States.
Money and Other Monetary Instruments: You may bring into or take out of the country, including by mail, as much money as you wish. However, if it is more than $10,000, you will need to report it to CBP. Ask the CBP officer for the Currency Reporting Form (FinCen 105). The penalties for non-compliance can be severe.
“Money” means monetary instruments and includes U.S. or foreign coins currently in circulation, currency, travelers’ checks in any form, money orders, and negotiable instruments or investment securities in bearer form.
Visit the U.S. Customs web site for specific, detailed information.
