The first time you import merchandise into the U.S., you
would expect to pay customs duties, and under the Harmonized Tariff Schedule of
the U.S. (HTSUS), unless the goods are exempted from such payment, that money
will have to be paid.
But what about if the merchandise had
a. Already been imported,
b. Duties Paid,
c. Subsequently Exported, and
d. Now being reimported again?
Is paying again required?
Well, depending on the circumstances, there can be ways
of either recouping some of the initial duty payment, or qualifying for an
exception to avoid paying the duty such as the exemption where articles
exported from the U.S. are
1. Returned within 45 days of such exportation,
2. Were “undeliverable”, and
3. Which had not left the custody of the carrier or
foreign customs service.
As a general rule however, 19 CFR 141.2 of the Customs
regulations provides that dutiable merchandise imported and afterwards
exported, even though the duty had been paid on the first importation, is
liable for duty payment on every subsequent importation into the Customs territory of
the US (unless exempt by law).
This rule does not however, apply to imports of:
(a) Personal and household effects taken abroad by a
resident of the United States and brought back on his return to this country
(see §148.31);
(b) Professional books, implements, instruments, and
tools of trade, occupation, or employment taken abroad by an individual and
brought back on his return to this country (see §148.53);
(c) Automobiles and other vehicles taken abroad for
noncommercial use (see §148.32);
(d) Metal boxes, casks, barrels, carboys, bags,
quicksilver flasks or bottles, metal drums, or other substantial outer
containers exported from the United States empty and returned as usual
containers or coverings of merchandise, or exported filled with products of the
United States and returned empty or as the usual containers or coverings of
merchandise (see §10.7(b), (c), (d), and (e));
(e) Articles exported from the United States for repairs
or alterations, which may be returned upon the payment of duty on the value of
repairs or alterations at the rate or rates which would otherwise apply to the
articles in their repaired or altered conditions (see §10.8);
(f) Articles exported for exhibition under certain
conditions (see §§10.66 and 10.67);
(g) Domestic animals taken abroad for temporary
pasturage purposes and returned within 8 months (see §10.74);
(h) Articles exported under lease to a foreign
manufacturer (see §10.108); or
(i) Any other reimported articles for which free entry
is specifically provided.
Questions or comments? Post below or email me at clark.deanna@gmail.com
