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.
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.
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.
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.
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