Prohibited and Restricted Items at Customs
The Customs Service has been entrusted with enforcing some 400 laws for
40 other government agencies, such as the Fish and Wildlife Service and
the Department of Agriculture. These other agencies have great interest
in what people bring into the country, but they are not always at ports
of entry, guarding our borders. Customs is always at ports of entry -
guarding the nation's borders is what we do.
The products we want to keep out of 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 defeat our national
political interests. Sometimes the products that cause injury, or have
the potential to do so, may seem fairly innocent. But, as you will see
from the material that follows, appearances can be deceiving.
Before you leave for your trip abroad, you might want to talk to Customs
about the items you plan to bring back to be sure they're not prohibited
or restricted. Prohibited means the item is forbidden by law to enter
the United States, period. Examples are dangerous toys, cars that don't
protect their occupants in a crash, or illegal substances like absinthe
and Rohypnol. Restricted means that special licenses or permits are required
from a federal agency before the item is allowed to enter the United States.
Examples are firearms and certain fruits, vegetables, pets, and textiles.
Cultural Artifacts and Cultural Property (Art/Artifacts)
Most countries have laws that protect their cultural property (art/artifacts/antiquities;
archaeological and ethnological material are also terms that are used).
Such laws include export controls and/or national ownership of cultural
property. Even if purchased from a business in the country of origin or
in another country, legal ownership of such artifacts may be in question
if brought into the U.S. Make certain you have documents such as export
permits and receipts, although these do not necessarily confer ownership.
While foreign laws may not be enforceable in the U.S., they can cause
certain U.S. law to be invoked. For example, as a general rule, under
the U.S. National Stolen Property Act, one cannot have legal title to
art/artifacts/antiquities that were stolen, no matter how many times such
items may have changed hands. Articles of stolen cultural property (from
museums or from religious or secular public monuments) originating in
any of the countries party to the 1970 UNESCO Convention specifically
may not be imported into the U.S.
In addition, U.S. law may restrict importation into the U.S. of specific
categories of art/artifacts/antiquities:
- U.S. law restricts the import of any Pre-Colombian monumental and
architectural sculpture and murals from Central and South American countries.
- U.S. law specifically restricts the importation of Native American
artifacts from Canada; Maya Pre-Colombian archaeological objects from
Guatemala; Pre-Colombian archaeological objects from El Salvador and
Peru; archaeological objects (such as terracotta statues) from Mali;
Colonial period objects such as paintings and ritual objects from Peru;
Byzantine period ritual and ecclesiastic objects (such as icons) from
Cyprus; Khmer stone archaeological sculpture from Cambodia.
Importation of items such as those above is permitted only when the
items are accompanied by an export permit issued by the country of origin
(where such items were first found). Purveyors of such items have been
known to offer phony export certificates. As additional U.S. import restrictions
may be imposed in response to requests from other countries, it is wise
for the prospective purchaser to visit the State Department's cultural
property Web site. This Web site also has images representative of the
categories of cultural property for which there are specific U.S. import
restrictions.
Absinthe
The importation of Absinthe and any other liquors or liqueurs that contain
an excess of Artemisia absinthium is prohibited.
Automobiles
Automobiles imported into the United States must meet the fuel-emission
requirements of the Environmental Protection Agency (EPA) and the safety,
bumper, and theft-prevention standards of the Department of Transportation
(DOT). (Please see Customs pamphlets Importing a Car and Pleasure Boats.)
Trying to import a car that doesn't meet all the requirements can be a
vexing experience. Here's why:
Almost all cars, vans, sport utility vehicles, and so on that are bought
in foreign countries must be modified to meet American standards. Passenger
vehicles that are imported on the condition that they be modified must
be exported or destroyed if they are not modified acceptably.
And even if the car does meet all federal standards, it might be subject
to additional EPA requirements, depending on what countries you drove
it in. Or it could require a bond upon entry until the conditions for
admission have been met. So before you even think about importing a car,
you should call EPA and DOT for more information.
Information on importing vehicles can be obtained from the Environmental
Protection Agency, Attn.: 6405J, Washington, DC 20460, telephone (202)
564-9660 , and the Department of Transportation, Office of Vehicle Safety
Compliance (NEF 32) NHTSA, Washington, DC 20590.
Copies of the Customs Service's pamphlet Importing or Exporting a Car,
can be obtained by writing to the U.S. Customs Service, P.O. Box 7407,
Washington, DC 20044. EPA's Automotive Imports Fact Manual can be obtained
by writing to the Environmental Protection Agency, Washington, DC 20460.
Cars being brought into the United States temporarily (for less than one
year) are exempt from these restrictions.
Trademarked and Copyrighted Articles
U.S. Customs enforces laws relating to the protection of trademarks and
copyrights. Articles that infringe a federally registered trademark or
copyright, i.e., that use the protected right without the authorization
of the trademark or copyright owner, are subject to detention and seizure.
Articles bearing marks that are counterfeit of a federally registered
trademark are subject to seizure and forfeiture. Additionally, the importation
of articles bearing counterfeit marks may subject an individual to a civil
monetary penalty if the registered trademark has also been recorded with
Customs. Articles bearing marks that are confusingly similar to a registered
trademark, and gray market articles (goods bearing genuine marks not intended
for importation into the United States) may be subject to detention and
seizure.
However, passengers arriving into the United States are permitted to
import one article, which must accompany the person, bearing a counterfeit,
confusingly similar or restricted gray market trademark, provided that
the article is for personal use and is not for sale. This exeption may
be granted not more than once every thirty days. The arriving passenger
may retain one article of each type accompanying the person. For example,
an arriving person who has three purses, whether each bears a different
infringing trademark, or whether all three bear the same infringing trademark,
is permitted one purse. If the article imported under the personal exemption
provision is sold within one year after the date of importation, the article
or its value is subject to forfeiture.
In regard to copyright infringement, articles that are determined to
be clearly piratical of a federally registed copyright, i.e., unauthorized
articles that are substantially similar to a material protected part of
a copyright, are subject to seizure. Articles that are determined to be
possibly piratical may be subject to detention and possible seizure. A
personal use exemption similar to that described above also applies in
respect of copyrighted articles.
You may bring back genuine trademarked and copyrighted articles (subject
to duties). The copyrighted products most commonly imported include CD-ROMs,
tape cassettes, toys, stuffed animals, clothing with cartoon characters,
videotapes, videocassettes, music CDs, and books.
Ceramic Tableware
Although ceramic tableware is not prohibited or restricted, you should
know that such tableware made in foreign countries may contain dangerous
levels of lead in the glaze; this lead can seep into foods and beverages.
The Food and Drug Administration recommends that if you buy ceramic tableware
abroad - especially in Mexico, China, Hong Kong, or India - you have it
tested for lead release when you return, or use it for decorative purposes
only.
Dog and Cat Fur
It is illegal in the United States to import, export, distribute, transport,
manufacture, or sell products containing dog or cat fur in the United
States. As of November 9, 2000, the Dog and Cat Protection Act of 2000
calls for the seizure and forfeiture of each item containing dog or cat
fur.
The Act provides that any person who violates any provision may be assessed
a civil penalty of not more that $10,000 for each separate knowing and
intentional violation, $5,000 for each separate gross negligent violation,
or $3,000 for each separate negligent violation.
Drug Paraphernalia
It is illegal to bring drug paraphernalia into the United States unless
thay have been prescribed for authentic medical conditions - diabetes,
for example. Customs will seize any illegal paraphernalia. The importation,
exportation, manufacture, sale, or transportation of drug paraphernalia
is prohibited by law. If you're convicted of any of these offenses, you
will be subject to fines and imprisonment.
Firearms
The Bureau of Alcohol, Tobacco and Firearms (ATF) regulates and restricts
firearms and ammunition; it also approves all import transactions involving
weapons and ammunition. If you want to import (or export) either of them,
you must do so through a licensed importer, dealer, or manufacturer. Also,
if the National Firearms Act prohibits certain weapons, ammunition, or
similar devices from coming into the country, you won't be able to import
them unless the ATF specifically authorizes you, in writing, to do so.
You don't need an ATF permit if you can demonstrate that you are returning
with the same firearms or ammunition that you took out of the United States.
The best way is to register your firearms and related equipment by taking
them to any Customs office before you leave the United States. The Customs
officer will register them on the same form CF-4457 used to register cameras
or computers (see "Register Items Before You Leave the United States").
For further information about importing weapons, contact the Bureau
of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Washington,
DC 20226; or call (202) 927-8320 .
Many countries will not allow you to enter with a firearm even if you
are only traveling through the country on the way to your final destination.
If you plan to take your firearms or ammunition to another country, you
should contact officials at that country's embassy to learn about its
regulations. And please visit your nearest Customs office before your
departure to learn the latest requirements for weapons and ammunition
registration.
Fish and Wildlife
Fish, wildlife, and products made from them are subject to import and
export restrictions, prohibitions, permits or certificates, and quarantine
requirements. We recommend that you contact the U.S. Fish and Wildlife
Service before you depart if you plan to import or export any of the following:
- Wild birds, land or marine mammals, reptiles, fish, shellfish, mollusks,
or invertebrates.
- Any part or product of the above, such as skins, tusks, bone, feathers,
or eggs.
- Products or articles manufactured from wildlife or fish.
Endangered species of wildlife, and products made from them, generally
may not be imported or exported. You'll need a permit from the Fish and
Wildlife Service to import virtually all types of ivory, unless it's from
a warthog. The Fish and Wildlife Service has so many restrictions and
prohibitions on various kinds of ivory - Asian elephant, African elephant,
whale, rhinoceros, seal, pre-Endangered Species Act, post-CITES (Convention
on International Trade in Endangered Species), and many others - that
they urge you to contact them before you even think of acquiring ivory
in a foreign country. They can be reached at (800) 358-2104 .
But you may import an object made of ivory if it's an antique; that
is, if it's at least 100 years old. You will need documentation that authenticates
the age of the ivory. You may import other antiques containing wildlife
parts with the same condition: they must be accompanied by documentation
proving they are at least 100 years old. (Certain other requirements for
antiques may apply.)
For example: If you plan to buy such things as tortoiseshell jewelry,
leather goods, or articles made from whalebone, ivory, skins, or fur,
please, before you go, contact the U.S. Fish and Wildlife Service, Division
of Law Enforcement, P.O. Box 3247, Arlington, VA 22203-3247, or call (800)
358-2104 . Hunters can get information on the limitations for importing
and exporting migratory game birds from this office as well. Ask for the
pamphlet Facts About Federal Wildlife Laws .
The Fish and Wildlife Service has designated specific ports of entry
to handle fish and wildlife entries. If you plan to import anything discussed
in this section, please also contact the Customs Service. We'll tell you
about designated ports and send you the brochure Pets and Wildlife, which
describes the regulations we enforce for all agencies that oversee the
importation of animals.
Some states have fish and wildlife laws and regulations that are stricter
than federal laws and regulations. If you're returning to such a state,
be aware that the stricter state laws and regulations have priority. Similarly,
the federal government does not allow you to import into the United States
wild animals that were taken, killed, sold, possessed, or exported from
another country if any of these acts violated foreign laws.
Game and Hunting Trophies
If you plan to import game or a hunting trophy, please contact the Fish
and Wildlife Service before you leave at (800) 358-2104 . Currently, 14
Customs ports of entry are designated to handle game and trophies; other
Customs ports must get approval from the Fish and Wildlife Service to
clear your entry.
Depending on the species you bring back, you might need a permit from
the country where the animal was harvested. Regardless of the species,
you'll have to fill out a Fish and Wildlife form 3-177, Declaration for
Importation or Exportation.
Trophies may also be subject to inspection by the U.S. Department of
Agriculture's Animal and Plant Health Inspection Service (APHIS) for sanitary
purposes. General guidelines for importing trophies can be found in APHIS's
publication Traveler's Tips. Contact USDA-APHIS-PPQ, Permit Unit, 4700
River Road, Unit 133, Riverdale, MD 20737, or call (301) 734-8645 .
Also, federal regulations do not allow the importation of any species
into a state with fish or wildlife laws that are more restrictive than
federal laws. And if foreign laws were violated in the taking, sale, possession,
or export to the United States of wild animals, those animals will not
be allowed entry into the United States.
Warning: There are many regulations, enforced by various agencies, governing
the importation of animals and animal parts. Failure to comply with them
could result in time-consuming delays in clearing your trophy through
Customs. You should always call for guidance before you depart.
Food Products
You may bring bakery items and certain cheeses into the United States.
APHIS publishes a booklet, Traveler's Tips, that offers extensive information
about bringing food products into the country. For more information, or
for a copy of Traveler's Tips, contact USDA-APHIS (see the section on
"Game and Hunting Trophies" section).
Some imported foods are also subject to requirements of the Food and
Drug Administration.
Meats, Livestock, and Poultry
The regulations governing meat and meat products are very strict: you
may not bring back fresh, dried, or canned meats or meat products from
most foreign countries. Also, you may not bring in food products that
have been prepared with meat.
The regulations on importing meat and meat products change frequently
because they are based on disease outbreaks in different areas of the
world. APHIS, which regulates meats and meat products as well as fruits
and vegetables, invites you to call for more information on importing
meats. Contact USDA-APHIS Veterinary Services, National Center for Import/Export
(NCIE), 4700 River Road, Unit 40, Riverdale, MD 20737-1231; call (301)
734-7830 .
Fruits and Vegetables
Bringing home fruits and vegetables can be quite troublesome. That apple
you bought in the foreign airport just before boarding and then didn't
eat? Whether Customs will allow it into the United States depends on where
you got it and where you're going after you arrive in the United States.
The same is true for those magnificent Mediterranean tomatoes. Fresh fruits
and vegetables can carry plant pests or diseases into the United States.
You may remember the Med fly hysteria of the late 1980s: Stories about
crop damage caused by the Mediterranean fruit fly were in the papers for
months. The state of California and the federal government together spent
some $100 million to get rid of this pest. And the source of the outbreak?
One traveler who brought home one contaminated piece of fruit.
It's best not to bring fresh fruits or vegetables into the United States.
But if you plan to, call APHIS and get a copy of Traveler's Tips, which
lists what you can and can't bring, and also items for which you'll need
a permit. For more information, visit http://www.aphis.usda.gov/travel/
or www.aphis.usda.gov/ppq/permits.
Plants
The plants, cuttings, seeds, unprocessed plant products, and
certain endangered species that are allowed into the United States require
import permits; some are prohibited entirely. Threatened or endangered
species that are permitted must have export permits from the country of
origin.
Every single plant or plant product must be declared to the Customs
officer and must be presented for USDA inspection, no matter how free
of pests it appears to be. Address requests for information to USDA-APHIS-PPQ,
4700 River Road, Unit 139, Riverdale, MD 20737-1236; phone (301) 734-8295
; or visit www.aphis.usda.gov/travel/.
Gold
Gold coins, medals, and bullion, formerly prohibited, may be brought into
the United States. However, under regulations administered by the Office
of Foreign Assets Control, such items originating in or brought from Afghanistan,
Cuba, Iran, Iraq, Libya, Serbia, and Sudan are prohibited entry. Copies
of gold coins are prohibited if not properly marked by country of issuance.
Medication
Rule of thumb: When you go abroad, take the medicines you'll need, no
more, no less.
Narcotics and certain other drugs with a high potential for abuse -
Rohypnol, GHB, and Fen-Phen, to name a few - may not be brought into the
United States, and there are severe penalties for trying to bring them
in. If you need medicines that contain potentially addictive drugs or
narcotics (e.g., some cough medicines, tranquilizers, sleeping pills,
antidepressants, or stimulants), do the following:
- Declare all drugs, medicinals, and similar products to the appropriate
Customs official.
- Carry all drugs, medicinals, and similar products in their original
containers.
- Carry only the quantity of such substances that a person with that
condition(e.g., chronic pain) would normally carry for his/her use.
Carry a prescription or written statement from your physician that the
substances are being used under a doctor's supervision and that they
are necessary for your physical well-being while traveling.
U.S. residents entering the United States at international land borders,
who are carrying a validly obtained controlled substance (except narcotics
such as marijuana, cocaine, heroin, or LSD), are subject to certain additional
requirements. If a U.S. resident wants to bring in a controlled substance
other than narcotics such as marijuana, cocaine, heroine, or LSD, but
does not have a prescription for the substance issued by a U.S.-licensed
practitioner (e.g., physician, dentist, etc.) registered with and authorized
by the Drug Enforcement Administration (DEA) to prescribe the mediation,
the individual may not import more than 50 dosage units of the medication.
if the U.S. Resident has a prescription for the controlled substance issued
by a DEA registrant, more than 50 dosage units may be imported by that
person, provided all other legal requirements are met.
Please note that only medications that can be legally prescribed in
the United States may be imported for personal use. Be aware that possession
of certain substances may also violate state laws.
Warning: The Food and Drug Administration (FDA) prohibits the importation,
by mail or in person, of fraudulent prescription and nonprescription drugs
and medical devices. These include unorthodox "cures" for such
medical conditions as cancer, AIDS, arthritis, or multiple sclerosis.
Although such drugs or devices may be legal elsewhere, if the FDA has
not approved them for use in the United States, they may not legally enter
the country and will be confiscated if found, even if they were obtained
under a foreign physician's prescription.
For specifics about importing controlled substances call (202) 307-2414
. For additional information about traveling with medication, contact
your nearest FDA office or write Food and Drug Administration, Division
of Import Operations and Policy, Room 12-8 (HFC-170), 5600 Fishers Lane,
Rockville, MD 20857, or read the FDA's Subchapter on Coverage of Personal
Importations.
Merchandise from Embargoed Countries
Generally, you may not bring in any goods from the following countries:
Afghanistan, Cuba, Iran*, Iraq, Libya, Serbia, and Sudan. The Office of
Foreign Assets Control of the U.S. Treasury Department enforces this ban.
You may, however, bring in informational materials - pamphlets, books,
tapes, films or recordings - from these countries, except for Iraq.
If you want to import merchandise from any of these countries, you will
first need a specific license from the Office of Foreign Assets Control.
Such licenses are rarely granted.
There are restrictions on travel to these countries. The restrictions
are strictly enforced, so if you're thinking about going to any of the
countries on this list, write to the Office of Foreign Assets Control,
Department of the Treasury, Washington, DC 20220, before you make your
plans.
*The embargo on Iranian goods is being revised to allow the importation
of carpets and foods for human consumption such as caviar and pistachios.
Please check with your local port to find out when the new regulations
are scheduled to take effect. Until the new regulations are published,
the complete embargo is still in force.
Pets
If you plan to take your pet abroad or import one on your return, please
get a copy of Customs booklet, Pets & Wildlife. You should also check
with state, county, and local authorities to learn if their restrictions
and prohibitions on pets are more strict than federal requirements.
Importing animals is closely regulated for public health reasons and
also for the well-being of the animals. There are restrictions and prohibitions
on bringing many species into the United States.
Cats must be free of evidence of diseases communicable to humans when
they are examined at the port of entry. If the cat does not seem to be
in good health, the owner may have to pay for an additional examination
by a licensed veterinarian.
Dogs , too, must be free of evidence of diseases that could be communicable
to humans. Puppies must be confined at a place of the owner's choosing
until they are three months old; then they must be vaccinated against
rabies. The puppy will then have to stay in confinement for another 30
days.
Dogs older than three months must get a rabies vaccination at least
30 days before they come to the United States and must be accompanied
by a valid rabies vaccination certificate if coming from a country that
is not rabies-free. This certificate should identify the dog, show the
date of vaccination and the date it expires (there are one-year and three-year
vaccinations), and be signed by a licensed veterinarian. If the certificate
does not have an expiration date, Customs will accept it as long as the
dog was vaccinated 12 months or less before coming to the United States.
Dogs coming from rabies-free countries do not have to be vaccinated.
You may import birds as pets as long as you comply with APHIS and U.S.
Fish and Wildlife requirements. These requirements may include quarantining
the birds at one of APHIS' three Animal Import Centers at your expense.
You must make advance reservations at the quarantine facility. If you
intend to import a bird, call APHIS' National Center for Import and Export
at (301) 734-8364 for more information. In any case, birds may only be
imported through ports of entry where a USDA port veterinarian is on duty,
any you must make arrangements in advance to have the bird examined by
a USDA port veterinarian at the first U.S. port of entry. There is a user
fee for this service of a minimum of $23.00 based on an hourly rate of
$76/hour. For more information, you may contact the USDA, APHIS, Veterinary
Services, National Center for Import and Export (NCIE), 4700 River Road,
Unit 40, Riverdale, MD 20737-1231; phone number (301) 734-8364 .
Textiles and Clothing
In general, there is no limit to how much fabric and clothing you can
bring back as long as it is for your personal use, that is, for you or
as gifts. (You may have to pay duty on it if you've exceeded your personal
exemption, but the amount you may bring in is not limited.)
Unaccompanied shipments (packages that are mailed or shipped), however,
may be subject to limitations on amount. The quantity limitations on clothing
and textiles are called "quotas." In order to enter the United
States, clothing and textiles may need to be accompanied by a document
- you could think of it as a passport for fabrics - called a "visa."
Sometimes, instead of a visa, an export license or certificate is required
from the country that produced the clothing. A formal entry must be filed
for all made-to-order suits from Hong Kong, no matter what their value,
unless they accompany you and an export license issued by Hong Kong is
presented with this entry. If you plan to get clothing or fabric on your
trip and have it sent to you by mail or courier, check with Customs about
quota and visa requirements before you travel.
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