Ordering from a foreign store or bringing gifts home? The $800 duty-free break is not a safe assumption anymore. CBP's e-commerce FAQ says the de minimis suspension applies to merchandise valued at $800 or less arriving by all modes, including international mail, unless a specific exception applies. That changes the math for many online orders.
Duties are not one flat fee. CBP looks at the item's HTS classification, its country of origin, and its customs value. Then it applies the tariff rate. Carriers and brokers often add a separate clearance or handling charge. Those fees are not customs duties, and they can surprise you after delivery.
What actually controls your customs bill
For a parcel, the controlling rules come from CBP, not the seller's checkout page. The seller may collect taxes upfront, but CBP still decides the final duty at entry based on the declaration. If the parcel is covered by the de minimis suspension, you won't get the usual $800 pass. The CBP e-commerce FAQ states the suspension applies to merchandise valued at $800 or less arriving via all modes, including the international postal network, unless specifically excepted.
Entry rules matter too. Under the same FAQ, an entry can only be made by the owner or purchaser of the mailed merchandise, or by a licensed customs broker properly designated by the owner, purchaser, or consignee. Entry Type 13 requires a basic importation and entry bond, either single transaction or continuous. That's a lot of jargon, but the practical point is simple: someone with legal responsibility has to clear the goods.
Bona fide gifts are defined narrowly. CBP's FAQ points to 19 C.F.R. 10.153(a), where a bona fide gift is an article formerly owned by a donor who gave it outright, with no compensation or promise of compensation. A store purchase shipped to a friend is not that.
Thing is, the label 'gift' on a customs form doesn't make it a legal gift.
How to estimate the landed cost
- Ask the seller for the HTS code and the country of origin. Without those, you're guessing.
- Check whether your shipment falls under a de minimis exception. CBP's FAQ says the suspension covers $800 or less unless an exception applies.
- Use the customs value, not just the item price. Shipping and insurance may be included depending on the terms.
- Add carrier or broker fees. DHL, FedEx, UPS, and postal operators charge different handling amounts.
- Keep the commercial invoice, tracking, and payment records. You'll need them if the parcel is held or you file a claim.
To be honest, exact numbers are hard to promise in advance. CBP makes the final duty decision at entry. A calculator can give you a rough estimate, but it can't override the classification.
The $800 de minimis question
For years, many shoppers treated $800 as a free pass. The current CBP FAQ says that pass is suspended for merchandise valued at $800 or less arriving by all modes, including international mail, unless a separate authority excepts it. So if you're buying a $300 jacket from overseas, don't assume it arrives duty-free.
Does that mean every small parcel now pays? Not necessarily. The FAQ language leaves room for specific exceptions. But you should verify before you buy, not after the carrier sends a bill.
| Question | What CBP FAQ says |
|---|---|
| Is the $800 exemption automatic? | No. The suspension applies to merchandise valued at $800 or less via all modes, including mail, unless specifically excepted. |
| Who can make entry? | Owner or purchaser, or a licensed customs broker designated by owner, purchaser, or consignee. |
| Do gifts get special treatment? | Bona fide gifts are defined in 19 C.F.R. 10.153(a); a gift label alone doesn't qualify. |
| What about Entry Type 13? | Requires a basic importation and entry bond, single transaction or continuous. |
Travelers: declare food, plants, and medication
CBP's agricultural products page is blunt: always declare agricultural items by checking 'Yes' on Question 11 of the CBP Declaration Form 6059B. The same fines apply to prohibited agricultural products sent through international mail. Fruits, vegetables, and plants may be allowed from some countries without advance permission, but others need a permit. For permits, CBP directs travelers to contact NCIE at [email protected] or APHIS at [email protected].
Medication has its own rules. The FDA personal importation guidance says foreign nationals may bring or ship a 90-day supply of drug products in some cases. If the foreign national is staying longer than 90 days, additional medication may be sent. Products that violate FDA laws or regulations generally are not permitted. U.S. residents should check with FDA or CBP before ordering prescription drugs from abroad.
Refunds: narrow, not automatic
Post-importation refund claims exist, but they are not a general 'I overpaid' button. Under 19 CFR Part 182 Subpart D and 19 CFR Part 181 Subpart D, CBP may refund excess duties by liquidation or reliquidation for goods that qualified as originating under a trade agreement. The claim must state that the good was originating at importation and give the entry number and date. You also have to say whether you gave the entry summary to anyone else.
If a summons involving tariff classification or dutiability is filed in the Court of International Trade, CBP suspends action on the claim until judicial review ends. That's the kind of detail that makes these refunds different from a simple customer service complaint.
What to do next
Before you order, ask for the HTS code, origin, and shipping terms. If you're traveling, declare all food and agricultural items on your customs form. If a parcel is held, read the CBP or carrier notice carefully and respond by the deadline. If you believe an FTA refund applies, gather the entry summary and origin proof before filing. General information only, not a ruling on your specific shipment.