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We're planning to take $1000 worth of gold and silver jewellery from India to USA. Do we need to declare it on the CBP form? Some blogs says that the monetary value should be declared only if greater than $10000, but the CBP form says you have to declare everything and can waive only $100 if you come as a visitor. Please help us regarding this. I am very much confused. If it needs to be declared should i declare in the left(Point no 15) or right side(Description of articles) of the page.

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    Are you a US resident?
    – Azor Ahai -him-
    Feb 12, 2019 at 19:46
  • I am a resident work visa but my parents are bringing such gifts from India as visitors..
    – Dinesh Kumar
    Feb 12, 2019 at 20:12
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    With regard to point #15: one of those boxes should be blank; the other should have the same number shown in the "Total" box on the back of the form (on the right of the image). The jewelry should be listed on the back (on the right in the image), and the total value of the jewelry and any other declared goods should be entered at the bottom of that list and in #15.
    – phoog
    Feb 12, 2019 at 20:15
  • Hopefully this should be useful to everyone who are bringing jewels.. thanks to everyone ..
    – Dinesh Kumar
    Feb 12, 2019 at 20:48
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    I dunno who "cuisine paradise" are, but they have a nerve to claim copyright of their copy of a public-domain US government document...
    – David Richerby
    Feb 13, 2019 at 15:36

4 Answers 4

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I think you are confusing goods with cash (or its equivalents like Bonds or Cheques) in excess of $10,000. Gold bullion will be different.

If you have "jewelry of gold and/or silver" those are "goods", my understanding is that if you are visiting the U.S. for 72 hours or more you are allowed to bring up to $100 worth of goods duty-free. If the value of the gift exceeds $100, you will be required to pay duty.

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    Bonds and checks are cash equivalents only if they are "in bearer form." The full list from the public information page is "currency, personal checks (endorsed), traveler's checks, gold coins, securities or stocks in bearer form." Source: help.cbp.gov/app/answers/detail/a_id/778/~/…. In particular, a book of blank personal checks does not count towards the total, nor do stock certificates or bonds that are endorsed to the benefit of a specific person.
    – phoog
    Feb 12, 2019 at 18:39
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    Are jewelry declared as "goods" even if you are actually wearing them? Because in that case, the $100 limit is so low that you can easily exceed it with the clothes you wear. If the total costs of your clothes on your body are over $100, do you need to pay duty for them as well? And I didn't even talk about spare clothes in your luggage.
    – vsz
    Feb 13, 2019 at 5:09
  • vsz. There are different rules for people visiting a country short-term, and returning citizens who've been out of the country on hol or business. If you're returning and only have things you've bought and paid for in your home country they are already tax paid. If you're returning and have bought things overseas, they may be liable to be taxed on arrival. If you're a visitor and bringing clothes etc to wear while visiting and will go back to your home country after your stay, they won't be taxable.
    – canonacer
    Feb 13, 2019 at 8:12
  • @vsz I suspect the difference is if you're wearing them or have then in your bag without tags etc you're almost certainly taking them back out the country when you leave so no tax is due. If it's all boxed/tagged and you describe it as a gift it's being imported into the country and is therefore taxable.
    – Notts90
    Feb 13, 2019 at 15:03
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You should declare everything and let Customs sort out any duty that may be required, even if you think the value of the items might be less than the duty-free allowance.

But you should still declare it, even if you might owe nothing. If you do not declare something when you should have, you may be subject to significant fines and possibly seizure of the goods.

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    Indeed. With the things I usually smuggle (i.e., duty free items and other sundries that I forgot about in my drowsy and harried state trying to complete the form at the end of a transatlantic flight) this consideration is fairly negligible. For "gold and silver jewels," however, it is rather significant.
    – phoog
    Feb 12, 2019 at 18:41
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    I realize that the link you've posted includes ".../international-visitors/…" but the text seems to be directed at US residents, especially the sections on tobacco and alcohol. The "Household Effects & Personal Effects" section expresses the rules that I have previously seen in the context of US residents moving back to the US after a period of residence abroad, so I'm not sure it would apply to a gift brought by a visitor for a US resident. Unfortunately I cannot find a page supporting this, and the customs section of the CFR is very difficult to wade through.
    – phoog
    Feb 12, 2019 at 18:58
  • @phoog: That is the reason for me ending up in surfing online. Thanks for highlighting it.AtALL: So for temporary visitor which rule should they follow.
    – Dinesh Kumar
    Feb 12, 2019 at 19:44
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    @DineshKumar you should certainly declare the jewelry, no matter what. The only question I have with this answer is whether this "one-year rule" applies. If the rule applies, they will waive the duty unless the goods are new. If it does not, they will charge duty regardless of the age (if any is due). But in either case you must declare the goods. I was looking at the tariff schedule, and I am not sure if I have read it correctly, but the highest possibly applicable duty I saw was below 8%. So if I am correct, you shouldn't have to pay more than $80.
    – phoog
    Feb 12, 2019 at 19:55
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    @DineshKumar that should probably be a new question.
    – phoog
    Feb 12, 2019 at 20:12
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The $10,000 figure is for cash or cash equivalents (such as a cashier's check). Cash is not a good, therefore it is not subject to duty, but it is required to be reported for law enforcement purposes if it is greater than $10,000 USD-equivalent in value.

Your jewelry is not a cash or cash equivalent, so the $10,000 limit to file FinCEN 105 does not have anything to do with this situation. What you have is a good, worth $1,000. Whether you live in the US or India doesn't matter in this case, because you intend the goods to remain permanently in the US. Therefore, you are importing them into the country and you must list them on the back of the form and include their fair market value in #15 on the front. The customs officer will take care of determining whether any duty is owed based on the circumstances, all you have to worry about them is declaring them on the form and honestly reporting/estimating their value.

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As per the law, ALL gold and diamond jewelry must be declared as per its current estimated value, even if the items are used or inherited. USA charges custom duty at approximately 6% of the total value. Failing to declare jewelry could be a criminal offense with steep penalties and possible jail time as it may be considered as the equivalent of fraud

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    Can you point to the regulations that say this? How does it relate to the duty-free allowance?
    – DJClayworth
    Nov 15, 2019 at 19:46

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