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beerseagulls

macrumors 6502a
Original poster
Aug 18, 2021
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are US citizens supposed to declare iPhones that they purchased overseas when arriving at US airports?

for example, a US$1600 iPhone 16 Pro Max purchased at a Canadian Apple Store.... assuming it is brought back to the US for personal use by the person(a college kid, if that makes any difference)

I was always under the impression that if the person unboxed the phone and started using the phone(using a Verizon SIM card) while still overseas and then flew back to the US, it did not need to be declared... or am I wrong?
 
My suggestion is to not rely on Internet advice from strangers on this but to look for official information from U.S. Customs and Border Protection. As well, if you are a Global Entry or TSA PreCheck traveler, a single violation can cause you to lose your preferred status.
 
As said, check on your local rules. In some cases, it will depend on how long you have been using it.
Declare it anyway.

Over many years, travelling between Papua New Guinea into Australia (which has some of the most paranoid biosecurity rules) I always over-declared. Cost me nothing.

Under-declaring can cost you thousands, even a jail sentence. Never, never, ever, ever, try to put something over on the Customs people. It puts them in a bad mood.
 
My suggestion is to not rely on Internet advice from strangers on this but to look for official information from U.S. Customs and Border Protection. As well, if you are a Global Entry or TSA PreCheck traveler, a single violation can cause you to lose your preferred status.

This is good advice. I can tell you to do anything, but it’s your rear end on the line when you decide to take my advice. Will customs know the phone you’re bringing in wasn’t the phone you left with? Probably not. If they find out, will you get in a heap of trouble? Very likely.

My Internet advice is to be honest and tell them “Hey I bought this in X country as a gift (or for personal use) while on vacation. What do I need to do?” Trying to avoid paying a small tax isn’t worth the pain they could cause you.



I found this on the Internet. Of course take it with a grain of salt even though it’s on the official US government website because the US government does with the US government wants to do at that time.

 
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IIRC, $800 is the duty free limit; however various goods have different rules, depending on the country of origin and type of goods. It also depends on how long you are overseas and how long you owned the item. When I worked abroad, as long as the item was greater than one year old it was considered household goods and duty free. If you are traveling with family members you can combine the exemption and that applies to teh total value, no matter who owns the item so if you are traveling with one family member the iPhone would be duty free, assuming you were under the total limit for a family.

In my experience, unless you are way over the limit, customs agents will ask what you have and then wave you through as they don't want to take the time to collect a few dollars of duty; but that is no guarantee. Personally, I' declare it to avoid any hassle, but YMMV.
 
Logically, since you've put your sim inside and have used the phone, it is no longer a new item. If it was brand new in box with no usage, meant for gifting to someone, then it would be correct to declare upon arrival.

No, Customs doesn't care if it is new or used, just that it was acquired outside of the US; it still must be declared.
 
U.S. Customs has zero flexibility. They can detain you for almost any reason and aren't beholden to the same restrictions that your local law enforcement is. I make it a point when leaving or coming back to the U.S. to always be polite and have my matters exactly in order. Like anyone, they appreciate people who know what they're doing and are ready to pass through the system without becoming a problem. Trying to game the system is not worth the risks of a humorless customs agent looking to make you their example of the day.
 
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Logically, since you've put your sim inside and have used the phone, it is no longer a new item. If it was brand new in box with no usage, meant for gifting to someone, then it would be correct to declare upon arrival.
Regrettably these days logic has precious little to do with US governance. Better to be honest and declare the item - and have the receipt.
 
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Customs officers daily have to deal with people who are trying to put one over them, who think the rules don't apply to them, or who are just plain stupid. These people are only a small minority, but they take up time, slow down the queue for the people behind them and generally make the Customs people grumpy.

There should be a special queue for these people...
 
Of course you have to declare. Customs cares about the stuff you're importing into the country.

Using the "used" logic, nobody would have to declare any jewelry, handbags, shoes, antiques, etc. they purchased.
 
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The third bullet point under the Paying Duties section of the form 6059B is worth the OP's attention.
Interesting, clears up all of OP's questions. Anything that was not taken out of US and is coming back needs to be added towards the duty-free allowance.
As a Customs Broker ( not in the US) and purely for knowledge, how is this USD 1600 exemption calculated? If a citizen shops for 1700, is 100 taxed or the whole 1700.
 
As a Customs Broker ( not in the US) and purely for knowledge, how is this USD 1600 exemption calculated? If a citizen shops for 1700, is 100 taxed or the whole 1700.

From a traveller's expereince:

It's been a while since I exceeded my limit, but basically what happened was anything over the exemption was taxed at a flat rate, up to a certain point; I'm guessing to make the process easier for small amounts. Larger amounts then get taxed at the rate for the items, and even if you are under the total dollar but above other limits, such as alcohol or tobacco, you will owe duty.

Then there's the whole purchased abroad but shipped separately declarations, which let you include them in your allowance but was a pain so it was easier to either pay duty when it arrived or be under the old de minimus limits of $800.
 
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Who declares anything?
Legality aside who’s getting stopped because they brought a single phone in?
If you’re bringing 10 in then sure it’s probably something to worry about.
But in the case of a single phone it seems like a none issue really.
 
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Be prepared to pay tariffs since it wasn’t sold or manufactured in US.
 
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I travel in and out of the country for many years multiple times a year and bring in all kinds of stuff including new iPhones purchased in other countries and never once declared anything and on occasion they’ll do a random check and never once ever had a problem. Now if one were to bring a stack of phones, gold bars or a load other goods then that’s a different story. The the internet is full of hysterical threads, this is one of them.
 
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More like be prepared for nothing to happen unless you advertise the fact you’ve bought it.

The reality is customs has bigger fish to fry than the person trying to sneak an iPhone past them; the time and effort to catch that person is better spent on real smugglers. If they tried to catch everyone exceeding their legal limit the pros would love it because it's less time to devote to catching them; who are the real problem.
 
what will happen when Americans buy iPhone 17 in Canada and drive back to the US later this year? will they be charged 104% tax?

or will the tax be a lot less if they spend a couple of months vacationing in Canada and use the iPhones?(causing it to look like a well-used phone with tiny scratches and dents)
 
Of course CBP will charge you. You didn’t leave the country owning the device, so it’s an import.

Canadian phones have SIM slots too, so you can’t pretend it’s a crippled American model. Border agents know this and can look up the model number even if they didn’t.
 
Of course CBP will charge you. You didn’t leave the country owning the device, so it’s an import.

Canadian phones have SIM slots too, so you can’t pretend it’s a crippled American model. Border agents know this and can look up the model number even if they didn’t.

the SIM slot is precisely why I want to buy it over there. :)
 
I’m confused. Can’t you just buy the phone in Canada and switch your sim over to it.

I seriously doubt every cbp agent is going to start checking everyone’s phones
 
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