Customs And Border Patrol: Laws And Their Reach

The U.S. Customs and Border Protection (CBP) is the largest federal law enforcement agency within the United States Department of Homeland Security. It is the country's primary border control organisation, responsible for enforcing U.S. trade, customs, and immigration regulations. CBP has a workforce of over 58,000 employees, including officers, agents, agriculture specialists, aircraft pilots, trade specialists, mission support staff, and canine enforcement officers and agents.

CBP has the authority to search outbound and inbound shipments, and uses targeting to carry out its mission in this area. It is also responsible for collecting import duties and enforcing trade and tariff laws.

Importing vehicles

Imported vehicles are subject to safety standards under the Motor Vehicle Safety Act of 1966, revised under the Imported Vehicle Safety Compliance Act of 1988, to bumper standards under the Motor Vehicle Information and Cost Savings Act of 1972, and to air pollution control standards under the Clean Air Act of 1968, as amended in 1977 and 1990.

Vehicles manufactured abroad that conform to U.S. safety, bumper, and emission standards are exported for sale in the United States. Therefore, it is unlikely that a vehicle obtained abroad meets all relevant standards. Be skeptical of claims by a foreign dealer or other seller that a vehicle meets these standards or can be readily brought into compliance. Vehicles entering the United States that do not conform with U.S. safety standards must be brought into compliance, exported, or destroyed.

The Environmental Protection Agency (EPA) and the Department of Transportation (DOT) requirements are subject to change, so it is recommended that you contact these agencies before buying a vehicle abroad. The EPA has a detailed automotive fact manual describing emission requirements for imported vehicles. The EPA Imports Hotline can be reached at (734) 214-4100, and their page on Importing Vehicles and Engines contains additional information. The DOT vehicle hotline is (202) 366-5291, and their website can provide further assistance.

The owner must make arrangements for shipping a vehicle. Have your shipper or carrier notify you of the vehicle's arrival date so that you can make arrangements to process it through CBP. Shipments are cleared at the first port of entry unless you arrange for a freight forwarder abroad to have the vehicle sent in bond to a CBP port more convenient to you.

For CBP clearance, you will need the shipper's or carrier's original bill of lading, the bill of sale, foreign registration, and any other documents covering the vehicle. You will also be required to complete EPA form 3520-1 and DOT form HS-7, declaring the emissions and safety provisions under which the vehicle is being imported. Vehicles that meet all U.S. emission requirements will bear the manufacturer's label on the engine compartment in English, attesting to that fact. For vehicles that lack such a label, the CBP inspector at the port of entry may require proof of eligibility to import under the EPA exemptions or exclusions specified on form 3520-1.

Vehicles that do not meet all U.S. emission requirements, unless eligible for exemption or exclusion, must be imported through an independent commercial importer (ICI). The EPA will not allow the release of the vehicles to the vehicle owner until ICI work is complete. The ICI will perform any EPA-required modifications and be responsible for assuring that all EPA requirements have been met. Some vehicles cannot be successfully imported or modified by an ICI, and ICI fees are typically very high.

To safeguard against the importation of dangerous pests, the U.S. Department of Agriculture requires that the undercarriage of imported cars be free of foreign soil. Have your car steam-sprayed or cleaned thoroughly before shipment.

Foreign-made vehicles imported into the U.S., whether new or used, either for personal use or for sale, are generally dutiable. Motorcycles are dutiable at a rate of 2.4% or are free. Duty rates are based on the price paid or payable. As a returning U.S. resident, you may apply your $800 CBP exemption and those of accompanying family members toward the value of the vehicle if it accompanies you on your return, is imported for personal use, and was acquired during the journey from which you are returning. After the exemption has been applied, a flat duty rate of 3% is applied toward the next $1,000 of the vehicle's value. The remaining amount is dutiable at the regular duty rate.

U.S. citizens employed abroad or government employees returning on TDY or voluntary leave may import a foreign-made car free of duty provided they enter the U.S. for a short visit, claim nonresident status, and export the vehicle when they leave. Military and civilian employees of the U.S. government returning at the end of an assignment to extended duty outside the CBP territory of the U.S. may include a conforming vehicle among their duty-free personal and household effects. The auto must have been purchased abroad and be in its owner's possession prior to departure. Generally, extended duty is 140 days or more. Conforming vehicles imported under the duty-free exemption are dutiable if sold within one year of importation. Duty must be paid at the most convenient CBP 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.

Nonresidents may import a vehicle duty-free for personal use for up to one year if the vehicle is imported in conjunction with the owner's arrival. Vehicles imported under this provision that do not conform to U.S. safety and emission standards must be exported within one year and may not be sold in the U.S. There is no exemption or extension of the export requirements.

Cars being brought into the United States temporarily, by nonresidents, for less than one year are exempt from these restrictions. It is illegal to bring a vehicle into the United States and sell it if it was not formally entered on a CBP Form 7501.

Exporting Vehicles

The basic requirements for exporting a used self-propelled vehicle are to present to Customs, at the port of exportation, both the vehicle and the required documentation describing the vehicle, including the VIN or, if the vehicle does not have a VIN, the product identification number (PIN). Exportation of a vehicle will be permitted only upon compliance with these requirements, unless the vehicle was entered into the United States under an in-bond procedure, a carnet, a Temporary Importation Bond, or under a personal exemption for non-residents who entered the vehicle for a 1-year period.

For U.S.-titled vehicles, the owner must provide to Customs the original Certificate of Title or a Certified Copy of the Certificate of Title and two complete copies of the original Certificate of Title or the Certified Copy of the original. If the used, self-propelled vehicle is leased or a recorded lien exists in the U.S., the provisional owner must provide to

Prohibited and restricted items

The U.S. Customs and Border Protection (CBP) enforces hundreds of laws on behalf of government agencies such as the U.S. Fish and Wildlife Service, the U.S. Department of Agriculture, and the Centers for Disease Control and Prevention. These agencies require that unsafe items are not allowed to enter the United States. CBP officers are always at ports of entry and assume the responsibility of protecting America from all threats.

The products CBP prevents from entering the United States are those that would injure community health, public safety, American workers, children, or domestic plant and animal life, or those that would harm national interests.

Prohibited Items

Prohibited items are forbidden by law to enter the United States. Examples of prohibited items include dangerous toys, cars that don't meet safety standards, bush meat, and illegal substances like absinthe and Rohypnol. It is also prohibited to bring drug paraphernalia into the country unless prescribed for authentic medical conditions.

Restricted Items

Restricted items require special licenses or permits from a federal agency before they are allowed to enter the United States. Examples of restricted items include firearms, certain fruits and vegetables, animal products, animal by-products, and some animals.

Other Restricted Items

In addition to the above, the following items are also restricted and require additional steps for clearance:

• Nutritional and dietary supplements
• Dental instruments (including toothbrushes)
• Veterinary products (including pet medicine or vitamins, dental instruments, etc.)
• Medical items and pharmaceuticals
• Contact lenses and eyewear
• Consumer electronics (e.g., computers with CD/DVD drives, televisions with cathode ray tubes)
• Wood and wood products
• Health and beauty products
• Tobacco products
• Animal products and animal by-products (e.g., products made from sea turtles, ivory, rhinoceros horn, furs from spotted cats, feathers from wild birds, etc.)

Importing animals

The CDC prohibits the importation of African rodents, bats, non-human primates, and civets as pets under any circumstances. Other common pets such as rabbits, ferrets, hamsters, gerbils, and guinea pigs may be imported if they are in good health. The importation of reptiles and invertebrates is restricted; most species of snails are not admissible. All civets, African rodents, and non-human primates are prohibited except for science, education, and exhibition.

Cats are subject to inspection at ports of entry and may be denied entry if they show evidence of an infectious disease that can be transmitted to humans. A licensed veterinarian may be required to examine the cat at the owner's expense. While cats are not required to have proof of rabies vaccination for importation, some states require vaccination, so it is a good idea to check with state and local health authorities. All pet cats arriving in Hawaii and Guam, even from the U.S. mainland, are subject to locally imposed quarantine requirements.

Dogs must be free of evidence of diseases that could be communicable to humans. While a general certificate of health is not required by the CDC, some airlines or states may require them. Dogs must have a certificate showing they have been vaccinated against rabies at least 30 days prior to entry into the U.S. This certificate should identify the dog, show the date of vaccination and when it expires, and be signed by a licensed veterinarian. Dogs coming from rabies-free countries do not need to be vaccinated.

Birds may be imported as pets as long as the importer complies with USDA Animal and Plant Health Inspection Service (APHIS) and USFWS requirements. All non-U.S. origin pet birds imported into the U.S. (except from Canada) are required to be quarantined for 30 days in a USDA animal import quarantine facility at the owner's expense. The USDA defines pet birds as those imported for the personal pleasure of their owners and not intended for resale.

Live animals and birds may enter the U.S. subject to certification, certain permits, inspection, and quarantine rules that vary with the type of animal and its origin. They may also be subject to restrictions by some state departments of agriculture.

Importing food

The U.S. Customs and Border Protection (CBP) enforces hundreds of laws for over 40 government agencies, including the U.S. Department of Agriculture, to ensure that unsafe items are not allowed to enter the United States.

Prohibited Food Items

Meats, fresh fruits and vegetables, plants, seeds, soil, and products made from animal or plant materials are prohibited from entry into the United States from certain countries. This is because they may carry plant pests and foreign animal diseases, which pose a threat to U.S. crop production, the livestock industry, and the economy.

Allowed Food Items

Bakery items, certain cheeses, condiments, vinegars, oils, packaged spices, honey, coffee, and tea are allowed to be brought into the United States.

Food Items with Special Requirements

Food items imported for commercial use must be reported to the U.S. Food and Drug Administration (FDA) before arrival in the United States. Food items sent as gifts by individuals are not subject to these requirements.

Penalties

Failure to declare prohibited agricultural items at U.S. ports of entry will result in a civil penalty of $300 for first-time offenders and $500 for the second violation.

Importing medication

When importing medication into the United States, you are subject to the authority of the Food and Drug Administration (FDA), Customs and Border Protection (CBP), and the Transportation Security Administration (TSA). These agencies have varying restrictions, so it is important to check with each of them before planning to travel with medications.

In general, you should only bring medication that has been prescribed to you by a licensed physician and/or that you have legally obtained in your home country. You should also only bring medication that you will personally use during your stay. It is recommended that you bring no more than a 90-day supply of medication. If you are staying longer than 90 days, you may have additional medication sent to you by mail or courier.

To import medication into the US, you will generally need a valid prescription or doctor's note, written in English. The medication should be in its original container with the doctor's instructions printed on the bottle. If you don't have the original container, bring a copy of your prescription or a letter from your doctor explaining your condition and why you need the medication.

If the medication is a controlled substance, you will also need to comply with the requirements of the Drug Enforcement Administration (DEA). Some medications that are permitted in other countries are prohibited in the US, and the DEA will generally make the decision on whether controlled substances are allowed to be imported for personal use.

It is important to note that the FDA cannot ensure the safety and effectiveness of medications purchased over the internet from foreign sources, storefront businesses that offer to buy foreign medicine, or during trips outside the US. Therefore, it is recommended that you only obtain medications from legal sources within the US.

Frequently asked questions