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Border Crossing Annex

Self/Driven Border Crossing

Understanding the Rules:
Duty Free Importing Limits for Border Crossing Goods
(Including Duty Free Driven Vehicles)

Individuals are able to claim a certain amount of items as duty free when accompanying them crossing the border. In most cases, those items are within the limits and needn't be dutied. Other items, like vehicles may be granted temporary importation, on the provision that it exit the U.S. within a year. Other items, however, require formal filings before CBP will permit the goods entry across the border checkpoint. Additionally, there are limits and restrictions on certain items from that border region.

  • Returning Individual's Eligibility

    • Individual must have established legal U.S. residency.

    • Individual may not use exemption if already claimed within the prior 30 consecutive days.

    • Individual must have been outside the United States customs territory for at least 48 consecutive hours.

      • If less than 48 hours, the value limit is $200.

    • Items must be for non-commercial personal use.
    • Item value limit is often $250, as executive orders and legislation have conditionally lowered requirements from the $800 threshold listed as standard in regulation.

      • Formally: $250 limit for goods that are subject to Section 301 tariffs or Chapter 99 trade remedies.

      • Even chapter 99 exemptions out of Section 122 for USMCA goods are applicable, so the $250 (not $800) limit usually applies.
         

    • Alcohol Goods          (passenger must be 21+ years old.)

      • Federal volume limit is 1 Liter of alcohol, and each state defines independent limits.

        • Check the border station's notes, local state limits, and the destination state's limits to avoid any intra-governmental issues.

        • Search applicable state's alcohol board or alcohol importer advisory boards to confirm.

        • State personal alcohol exemptions vary wildly, so check for those exemptions specifically.

      • DON'T evade the limits of the destination state, even though another state will permit entry and transit. That's bootlegging!
         

    • Tobacco Goods          (passenger must be 18+ years old.)

      • Exemption covers up to 200 cigarettes and or 100 cigars.

      • DON'T return with Cuban tobacco products, they are prohibited again! CBP may enforce restrictions on tobacco from 3rd nations.
         

  • Prohibited and Restricted Items
              Review CBP's publication: Prohibited and Restricted Items, <here>, for the most recent official information.

     

    • Restricted Items require permits or special licenses issued by a corresponding federal agency.

      • They may or may not also have special preparation, handling, or declaration protocol.

      • These items must have been prepared properly, else risk diversion for proper treatment (at the passenger's expense.)

      • Duty-free exemption applies if all of both, exemption and agency, conditions are met.
         

    • Prohibited items are never making it through U.S. Customs, and the only options are re-exportation or supervised destruction.

      • Prohibited cargo includes dangerous toys; bush meat; illegal substances or drugs; and threats to the public health.

      • Specific examples include: hoverboards with defectively combustible batteries; rotting food leftovers; over the counter meats; absinthe; narcotics; other spoiled or tainted foods, whole or processed; and other contaminants like parasites, bacteria, or microorganisms.
         
  • U.S. Passenger Vehicles - Vehicle Returning
    • U.S. registered and insured vehicles are not dutiable, and are treated as US Goods returning.
    • Note: Non-permanent residents who purchase vehicles inside the U.S.
      • These vehicles were already factored into the economy of the U.S., so they do not need to be imported if driven across the border and returning on a temporary basis.
      • In most instances of temporary residents facing costly temporary import maintenance costs, buying, registering and insuring a local U.S. vehicle is sometimes the better strategy.
         
  • Non U.S. Passenger Vehicle - Foreign Vehicles on Temporary Import
    • Individual must have a valid U.S. visa for travel or temporary residence.
    • Vehicle(s) must be legally registered and insured in the non-U.S. location.
      • Insurance and registration must be maintained while the vehicle is inside the U.S.
    • Vehicle(s) must meet minimum U.S. vehicle, road, and highway safety standards.
      • These standards are slightly different from the default U.S. NHTSA standards.
    • The vehicle must be physically driven out of the U.S. territory within 1 year.
      • The vehicle may be driven around and driven back into the U.S. to start a fresh 1-year temporary import.
        (Subject to standard processes and compliance requirements at that time.)

Understanding the Rules:
Non-Permanent Resident Temporary Border Imports

Importation is the act of making a foreign item a permanent fixture of the U.S. economy.  Many temporary visa-holding residents are interested in importing items like their vehicle, but the temporary nature of the visa authorization prohibits permanent importation. Unless the importer has a permanent residency basis, their vehicle may not be imported on a permanent basis - so they must use the 1-year temporary importation scheme with annual re-exportations in order to obey compliance. To these temporary visa-holders, we applaud your intent to be proactive, and we encourage you to contact Pilotfisch after your visa status converts to a permanent residency basis.

Other goods may be imported by temporary residents, but certain visa types have restrictions on commercial interest. Visa holders need to review their existing enfranchisement, and work with a Customs attorney to pursue different visa types or enfranchisement before business activity is permitted. We urge temporary visa-holding importers to contact Pilotfisch well before you attempt any activity, as issues and delays would accrue charges, and the goods not likely admittable.

Personal shipments can be imported by individuals up to a reasonable limit, often decided by local port directors. Travel and incidental goods are not considered permanent for the import process. Household goods shipments must have been purchased and used greater than 1 year before the date of importation, in which case they may qualify for entry; depending upon the timing and enfranchisement of the individual's visa program.

For example: A holiday traveler would not be eligible for household goods, because their visa is not intended for a period long enough to establish a household. Contrarily, H-1B visa holders may hold U.S. employment, and would be eligible for the entry of their used household goods.

CBP Headquarters has ruled that vehicles do not qualify as household goods.

Vehicles that were once U.S. in origin, which have been exported on a permanent basis outside the U.S., must be imported back into the United States, if on a permanent basis. If importing the vehicle being driven or towed, do your best to ensure all vehicles are cleaned and NOT used as packing containers. The more items inside, the more likely and longer the examination process will be. If the vehicle imported is treated like a suitcase or shipping container, CBP may reject the entry and refuse admittance citing that the goods were not presented in an appropriate fashion.

Understanding the Process:
Stages of Self-Crossing Border Imports
(Entered then CBP Reviews)

Plan the Crossing

Stage 1/4

Travelers should review their items against the CBP Prohibited and Restricted items list <here> for special requirements, then review their items against limits on amounts or value. Any special handling requirements should be communicated and coordinated as part of the preparation. For items needing permanent entry, pack them in a way that protects them as well as affords access to produce on official request.

This is the best time to alert Pilotfisch Solutions to your upcoming border crossing! We will work with you to help import your vehicle, or precious items you are driving into the United States.

Understanding the Paperwork:
Import Documentation for Border Self-Crossings

All importations must include four major components, with additional requirements depending on the goods being transported.
Verify with Pilotfisch and the restricted items listing.CBP's border officers will require the ​entire entry packet of documents to begin processing. Pilotfisch will have them uploaded for the officers processing convenience as well, but the requirement is that the goods be accompanied by the documents for on-demand access.


Travelers will need the following import materials:

1.   Receipt(s) of Purchase - for all items being declared.

  • Passenger may create a summary Proforma- or Customs Purpose- invoice if receipts are unavailable.

2.   Luggage/ Item Detail Summary - detail about grouping and physical packing location(s)

3.   Traveler Passport

  • Visa holders need to have their visa information available along with their passport.

4.   7501 Import Summary (Entry Filing)

  • Pilotfisch would provide this information when the pre-filing is complete, including entry number.

  • In the event of a post-arrival entry, Pilotfish will generate as we file the customs entry.

Each of the four requirements must have at least one document as evidence. If for example a shipment includes contents sourced from multiple purchases, each corresponding invoice or receipt should be included to document the whole, or each manufacturer or source should be reflected in a purpose-created invoice.

In the case of permanent vehicle imports, two additional Partnering Government Agencies (PGAs) have control requirements:

  • EPA - governing emissions from the vehicle engine

    • EPA Form: 3520-1

  • NHTSA - governing highway and traffic safety standards

    • NHTSA/DOT Form: HS-7

​​

If your vehicle has compliance issues with the EPA or DOT/NHTSA, please alert Pilotfisch as early as possible and before you attempt entry.

For more about import documentation requirements, please check out our dedicated page or contact us for more information:

Understanding Next Steps:
Let's Work Together on Your Border Crossing

Pilotfisch Solutions is well experienced with helping importers with their border crossings, and we have the solutions experience for spectrum of potential issues in restricted passenger cargo and exam diversions. In cases of significant issue, we work with you to salvage your time and costs as we solve the problem. Our success depends upon your importing successes, and we want the process to be as convenient as possible.

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