Originally Posted by
landeej
See - here is another part of the problem. Agents and "leniency" (or lack thereof), particularly when the agent claims that they are quoting actual policy.
Last February - I'm in France, and end up buying sportcoat, shoes, shirts, etc. It's over $1k, so I declare at the JFK GE machine, and go to secondary. Agent asks me what there is to declare, I explain, and he tells me that he appreciates the honesty but that I shouldn't ever declare clothing purchases in the future. Thank you, have a nice day, etc.
Last December - I'm in Thailand, and end up having some suits made. It's over $1k, and out of an overabundance of caution I declare at the DTW GE machine. I get to secondary, explain that I self-declared the clothing even though the JFK agent told me I didn't need to, and suddenly have 2 CBP agents in my bags looking at each suit's % wool to silk ratio, with their manuals out trying to figure out what I would need to pay in taxes on the wool vs. taxes on the silk while lambasting the JFK agent as being in the wrong for making that statement. Finally, a senior agent comes over to check on the fuss, thanks me, tells me not to worry about it, wishes me a Merry Christmas, and sends me on my way.
So - it's a year later and I still don't know what the actual policy is supposed to be, but I'll continue to declare out of the overabundance of caution because people the I do know who have lost GE are 100% secondary, with no recourse. Anyone here have further data points on clothing allowances?
JFK agent was, per the rules, wrong. You need to declare the $ amount of all imported items if you go over the duty-free limit, as well as specific other things (i.e. the food items listed, etc.). That officer may choose to not have you pay the duties, but that's their discretion...telling you not to declare it in the future is just plain wrong, and likely to get you in trouble sometime down the line. That discretion is the official's only - you as a layman don't get it. Get an agent like the OP had without declaring you went over the duty-free limit, and you could very well end up in the same situation.
If you're unsure of the rules, look them up. Don't believe anything that you can't verify are officially written somewhere. That way, you can provide backup, but anyone can make up that an agent somewhere told them something, and you have no way to back it up.
Originally Posted by
BMWMOT
I also have Nexus and travel to/from Canada 3-4 times/yr for work. Their form asks if you have commercial goods whether or not for resale (samples, tools etc). I carry a few (~10) catalogs of our company's products to leave with customers. I also carry a very small kit with show and tell samples of our products (small electronic parts). In my mind they are not samples as samples are things you give away. I do not give away the parts I bring. Not sure how the Border Patrol defines 'samples'.
Now I think I need to re-think this situation. Also coming back in to the US with the same 'sample' kit and if I have a few catalog left, I've not declared them. Question 14 on the US form is similar to the Canadian question asking if you have commercial merchandise.
Whether or not they are "samples" in the strict definition of the word, if they are used for work/business, they are commercial goods, and need to be declared as such. In your case, they are being used to try and drum up business, so clearly are commercial goods.
Originally Posted by
Hartmann
I am a little confused.
When traveling I usually carry granola bar or two. I read the customs forms of the country I am visiting and if it says "food", then I declare it. If the form says "fruit/veg/meat", then I don't declare it.
Are people here saying that when I come back to the States and haven't consumed the granola bars, that I should declare them? I just went through GE last week and the prompt said "fruit/vegetables/meat", not "food". I was not carrying any of those things, so I didn't declare my granola bar.
If any of the items in the bar are listed on the kiosk, they need to be declared. I don't think granola is one of them. I don't ever travel with stuff like that, but doesn't the kiosk ask about seeds and nuts? If so, and the bar has almonds, peanuts, cashews, etc., then yes, it would most certainly need to be declared, but in most cases, an agent would probably waive you through. And yes, you still need to declare specific items asked about even if you had it when leaving the US, when coming back.