TOMFORD

I have never bought much brand stuff outside of the US, since it's usually cheaper in the US, but what are the concerns around bringing suitcases full of designer shoes/clothing/accessories back into the US? I will be coming back from Thailand and Hong Kong.

gfunkdave

If you did indeed buy it overseas, declare it when you return. Wouldn't hurt to keep the receipts in case they ask to see them. I think the duty free allowance is about $800 per person. I don't know how much the duty would be past that, but I seem to recall hearing it's surprisingly low - like 2-3%.

FirstInFlight

So are you asking about the tax consequences if you bring back more than is allowed tax-free - or are you asking if there are consequences if you are caught bringing back a suitcase full of counterfeit stuff?

The tax issue is as described above - declare the excess and pay the rather minimal tax (which is often waived if the item is declared and the excess is not too much beyond the allowance).

If you are asking about counterfeit purses etc you are unlikely to have an issue if you have three or four purses and a maybe a few other items. However if you appear to be trafficking in counterfeit items you will be detained. The line between personal use and trafficking is subjective. If your thought is to declare 50 bags and offer to pay the duty as a way to create plausible deniability that is unlikely to be successful.

Jeannietx

Thank you FirstInFlight, you worded it much better than I was going to.

Often1

There are no dollar limits on the import of clothing. There may be duty. You will fill out a declaration on entering the US (either on paper or at a machine). If you declare the items, you will find that you are waived through if reasonably close to the duty free allowance. If you do not declare and are caught, you will be whacked with a very nasty penalty and likely wind up on some form of watch list which will make future entries more time-consuming.

If your items are not designer but knock-offs, there is heightened concern by CBP at the urging of the high-end labels. You should be prepared to have those items seized and binned.

It's not worth monkeying around. The duty is low and the penalties are high.

TOMFORD

Thanks all for the info. No I didn't mean counterfeit stuff, I meant authentic clothing, shoes, and maybe a watch. I will, of course, have the receipts for those items. And the items will certainly be more than $800. What if it's clothing with tags removed, and worn on my body, do I need to declare those as well if they were purchased abroad? i.e. if I remove all the tags and packaging, and just claim they are my personal belongings which I brought out of the US with me on vacation, can customs give me trouble?

Flaneurs

Yes, customs can and very well might give you trouble (lots of it.) What you are asking is whether you can smuggle the items in unnoticed. You very well might be able to but as others here have stated, it is illegal. All items acquired abroad and in fact any repairs done on items you brought with you are considered dutiable. My recommendation would be to keep the receipts, declare all the items, pay the minimal duty on the items and sleep well at night. You might even get lucky and have them wave you through because the tax is a small amount not worth their trouble. They tend to reward honesty and punish the opposite severely.

TOMFORD

Okay, then it sounds like it's not worth the risk trying to save on a bit of taxes. Thanks!

Flaneurs

Great decision!

ajGoes

Once I emerged from the jetway after a Montreal-Cleveland flight and saw a purposeful-looking fellow walk up to the lady right behind me. He took her elbow and said very firmly, "ma'am, I'd like to talk to you about your coat." I hadn't noticed the extravagant fur coat she was wearing, but the customs agent sure did.

I guess we must have pre-cleared immigration and customs at YUL, and Montreal US customs had alerted an agent in Cleveland.

PTravel

This is not quite correct. All American citizens are allowed to bring back one counterfeit item for personal use in each category, i.e. one DVD, one purse, one pair of shoes, etc. They will not be seized.

You should, of course, declare everything and it's a good idea to keep receipts.

Flaneurs

What is the source of your information regarding the single counterfeit item in each category? I would love to get verification that it is true and documentable.

PTravel

19 USC § 1526(d)(1):

The trademark provisions of this section and section 1124 of title 15, do not apply to the importation of articles accompanying any person arriving in the United States when such articles are for his personal use and not for sale if (A) such articles are within the limits of types and quantities determined by the Secretary pursuant to paragraph (2) of this subsection, and (B) such person has not been granted an exemption under this subsection within thirty days immediately preceding his arrival.

This, of course, makes sense because mere purchase or possession of trademark or copyright-infringing goods is not against law (offering them in commerce, however, is). Note that this not true of patent-infringing items -- it is against the law to use a patent-infringing item.

Note, too, that there are two kinds of "knock-offs." There are counterfeit goods, in which a factory copies the goods of another. The best "knock-offs," however, result when a manufacturer orders a factory to produce 10,000 items but the factory produces 12,000 and sends 2,000 "out the back door." These goods are genuine, not counterfeit, but unauthorized. This distinction has legal ramifications in the context of a trademark infringement lawsuit, but is not the kind of thing that a Customs officer can readily address at the border unless you're importing commercial quantities, i.e. they think you're going to sell them, rather than keep them for personal use.

Here's a nice blog post that explains what you can and cannot do:

http://www.customsandinternationaltr...united-states/

Flaneurs

Great explanation and source. Two thumbs up. Thank you for spending the time on this.

MSPeconomist

Would the OP be bringing the stuff for personal use and gifts or for commercial purposes? That can make a big difference.

For genuine designer and luxury clothing and accessories, I'd be surprised if retail prices in Asia were less that prices in the USA.[The odds might be more favorable for Asian rather than foreign designers and labels.] Moreover, stores in Asia are likely to mostly carry very small sizes.