Miami Custom agents


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This was interesting. Spent the weekend in Havana with some great mates (I will make a separate post). Got pulled out of line after claiming 150

for the two of us. Had a long talk with the agent ( seemed to be the supervisor) , he was very cool but said the law is no longer 100 each it’s actually 

50 each (said it changed about 1 year ago) and it’s not a .04 charge for the overage it was some other amount but if you’re greatly over the 50 sticks they usually would confiscate them.

He did say that they mostly won’t do anything until your over 100 ea. and also claimed that unbanded cigars are taxed at a higher rate than regular production.

 

Also, he went on to say how confusing and complicated the whole thing is. ( No shit) He knew that I payed a duty in Atlanta last November ,the computer told him, and said

they charged me wrong in Atlanta (which I knew) and that Atlanta doesn’t know what they are doing by because of all the people coming through Miami from Cuba,Miami  is on top of things and know the laws. 

I exspressed my frustration with CBP and how there doesn’t appear to be any standardized meathod,he agreed and said I should be reading my information on the CBP website and not The treasury dept. like I have been. Then he just said keep it under 100 sticks each and you’ll be fine.

He did let us go with all of the sticks. Funny thing  is, after all this I was well under what he said they care about. I think since I paid on the 350 in Atlanta I’m a marked man??????

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I told an aussie couple that they wouldn't be able to fly American A from Miami to havana as they were non US Citizens.  

American A took their booking for the flight and then barred them at the airport (check in). 

It is all as clear as mud. 

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22 minutes ago, CigarScentedBeard said:

It's 50 now???

I’m doing some research. Of course it depends what you read. There is memo dated February of 2017 saying 50 but another one May of 2017 saying 100. 

I grabbed a phone number when I was exiting customs and will call them in the next couple of days with both articles in front of me and see what they say.

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Sorry to hear all this Mike. How frustrating! When there's inconsistency in application of laws it invariably the end-consumer wears the consequences.

I came close to misdirecting my luggage late last year after Qantas told myself and my wife, on two separate occasions, that our luggage would be transferred onto American Airlines on-route from Dallas to Orlando for our connecting flight. This is simply not the case. The rules are very simple for international visitors to the US... the first city you land on US soil is the city that you have to claim your luggage and have it checked, as well as submit yourself to passport/security checks, not the final destination. So you'd think an international Airline such as Qantas would know their facts, no?

Thankfully we were enlightened with the facts when we boarded at Sydney Airport and a Qantas Staff member told us how these things work. To us it sounded like she had experience in rectifying misconstrued rules!

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Thanks for the post @madandana. I was wholly unaware of the quantity rule changing. For the most part my experience has been the US doesn’t give a crap about a few cigars and rum (that seems to taste better in Cuba) ;) 

When coming through the mobile pass line they asked me if I was bringing back anything from Cuba. I said “Cigars and a couple bottles of Rum” and they waved me through. Seems to be super hit and miss on who caress at any particular moment.

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1 hour ago, madandana said:

This was interesting. Spent the weekend in Havana with some great mates (I will make a separate post). Got pulled out of line after claiming 150

for the two of us. Had a long talk with the agent ( seemed to be the supervisor) , he was very cool but said the law is no longer 100 each it’s actually 

50 each (said it changed about 1 year ago) and it’s not a .04 charge for the overage it was some other amount but if you’re greatly over the 50 sticks they usually would confiscate them.

I exspressed my frustration with CBP and how there doesn’t appear to be any standardized meathod,he agreed and said I should be reading my information on the CBP website and not The treasury dept. like I have been. Then he just said keep it under 100 sticks each and you’ll be fine.

 

This is straight from CBP's website, dated 8/14/17:

https://help.cbp.gov/app/answers/detail/a_id/53/~/travelers-bringing-in-tobacco-products-(cigarettes%2C-cigars%2C-bidis)-into-the

"Returning resident travelers, for those over the age of 21, may import tobacco products only in quantities not exceeding the amounts specified in the personal exemptions for which the traveler qualifies (not more than 200 cigarettes and 100 cigars if arriving from other than a beneficiary country and insular possession).

For regulations and questions related to tobacco products from Cuba, see U.S. Department of The Treasury"

Even the CBP's own website states to refer to the Dept. of Treasury. ?

Searching the FAQ from Department of Treasury, I couldn't find a defined number of cigars allowed for "personal use". I did find interested that they considered furnishing to friends as personal use ?.

https://www.treasury.gov/resource-center/sanctions/Programs/Documents/cuba_faqs_new.pdf

" Can I purchase Cuban-origin cigars and/or Cuban-origin rum or other alcohol while traveling in Cuba?Persons authorized to travel to Cuba may purchase alcohol and tobacco products while in Cuba for personal consumption. Authorized travelers may also return to the United States with alcohol and/or tobacco products acquired in Cubas accompanied baggage for personal use. OFAC considers “personal use” of an imported item to include giving the item to another individual as a personal gift, but not the transfer of the item to another person for payment or other consideration." (11/10/17)

 

I think that CBP agent/supervisor needs to brush up on his policies...?

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15 minutes ago, naszero said:

This is straight from CBP's website, dated 8/14/17:

https://help.cbp.gov/app/answers/detail/a_id/53/~/travelers-bringing-in-tobacco-products-(cigarettes%2C-cigars%2C-bidis)-into-the

"Returning resident travelers, for those over the age of 21, may import tobacco products only in quantities not exceeding the amounts specified in the personal exemptions for which the traveler qualifies (not more than 200 cigarettes and 100 cigars if arriving from other than a beneficiary country and insular possession).

For regulations and questions related to tobacco products from Cuba, see U.S. Department of The Treasury"

Even the CBP's own website states to refer to the Dept. of Treasury. ?

Searching the FAQ from Department of Treasury, I couldn't find a defined number of cigars allowed for "personal use". I did find interested that they considered furnishing to friends as personal use ?.

https://www.treasury.gov/resource-center/sanctions/Programs/Documents/cuba_faqs_new.pdf

" Can I purchase Cuban-origin cigars and/or Cuban-origin rum or other alcohol while traveling in Cuba?Persons authorized to travel to Cuba may purchase alcohol and tobacco products while in Cuba for personal consumption. Authorized travelers may also return to the United States with alcohol and/or tobacco products acquired in Cubas accompanied baggage for personal use. OFAC considers “personal use” of an imported item to include giving the item to another individual as a personal gift, but not the transfer of the item to another person for payment or other consideration." (11/10/17)

 

I think that CBP agent/supervisor needs to brush up on his policies...?

There is this from CBP.

F483BA04-EB1D-4F23-BF89-7831C548082C.thumb.png.2cdceb5e337842e19ed415a21ab23b4e.png

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1 hour ago, Monterey said:

If you want to bring any real quantity of cigars out of Cuba, do NOT fly into Miami.  They bust people all the time.  They are delusional of the law.

Go through Ft Lauderdale if possible. 

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The agent citing that law is screwing around with people and he surely knows it.  Read it carefully:

9804.00.80      Articles (including not over 50 cigars, or 300 cigarettes, or 2 kilograms of smoking tobacco or a proportionate amount of each, and not over 1 liter of alcoholic beverages), reasonable and appropriate, and intended exclusively, for the bona fide personal use of, and (except for articles consumed in use) to be taken out of the United States by, any person arriving in the United States who is leaving a vessel, vehicle or aircraft, engaged in international traffic, on which he or she is employed, with the intention of resuming such employment.

As described in the "Harmonized Tariff Schedule" this is an exemption carved out for:

A person arriving in the United States: (a) On duty as an employee of a vessel, vehicle or aircraft, engaged in international traffic, or (b) From a trip during which he was so employed, shall not be entitled to the exemptions provided for in this subchapter (other than those in heading 9804.00.80), unless he is permanently leaving such employment without the intention of resuming it on the same or another carrier.  

Huh?  Exactly!  But more importantly Does the definition/exemption apply to you ?  Probably not.  How about the other countless souls he has messed with or confiscated cigars from?  

Boy do I hate Miami.

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So the message is to fly through Atlanta.....I once got off a flight from Montego Bay, Jamaica to Miami on Business and there were 3 CBP or DEA dogs and agents in the Jetway....

 

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I think they like it confusing and not just black and white. That way nothing they do can truly be wrong just interpreted differently than the next guy.


Sent from my iPhone using Tapatalk

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26 minutes ago, LLC said:

I think they like it confusing and not just black and white. That way nothing they do can truly be wrong just interpreted differently than the next guy.


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And mostly interpreted by whoever has a stick up his fanny that day...

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4 hours ago, El Presidente said:

I told an aussie couple that they wouldn't be able to fly American A from Miami to havana as they were non US Citizens.  

American A took their booking for the flight and then barred them at the airport (check in). 

It is all as clear as mud. 

Cripes, good to know. Next Christmas the missus and I are going to Mexico City then Tullum area resort then will fly from Cancun to Havana. The return flight worries me though. We were hoping to fly from Havana to Dallas then back home to Aus on the long Qantas flight. Will have to check if we can fly from Havana to Dallas

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Into Newark last November they asked me if I had anything to declare I replied nothing above the threshold. What did you bring? Rum and cigars. How many cigars? About 200. Welcome home. 

I'm going in a month. I hope I don't have any hiccups on my way back. I really hate their lack of consistency. Gimme a rule. You stick by it. I'll stick by it. Not this moving to BS.

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A friend of mine says to just not declare anything. He says he’ll take his chances.  My friend says don’t give them an excuse to have to do their job.  The customs agents don’t give a shit about cigars and rum coming through.  

I don’t know how smart that is, but my friend has never had a problem. 

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27 minutes ago, stogieluver said:

A friend of mine says to just not declare anything. He says he’ll take his chances.  My friend says don’t give them an excuse to have to do their job.  The customs agents don’t give a shit about cigars and rum coming through.  

I don’t know how smart that is, but my friend has never had a problem. 

^^^^^^^

same

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So landing in Atlanta from Havana today I declared I was over the $800 limit on any/all goods.

Immigration/passport control officer. once informed I am returning from Cuba, asked if I brought any food or alcohol. Replying "Yes, I have 9 or 10 bottles of Rum but no food" she called an 'escort' to take me to the Customs office. Blue envelope for my passport which I believe is better than the red one.

Went in, sat down, waited for them to process the couple of people in front of me. One had all bags searched, the second apparently is flagged as he mentioned he gets pulled every time. Profiling. He is Arabic and wearing an Abu Dhabi t-shirt. Couple of questions, off he goes and they call me up.

The agent asked about exactly how many bottles I had. I said I believe I had 10 and declared as I knew I was over the limit. He asked if they were all Havana Club!

I said no, I have 7 bottle of Santiago 11, 2 bottles of Legendario (I gave Cory the third as I was out of room), and a bottle of Pacto Navio. All 750ML.

I added that I declared as I knew I was over the limit. He said "better safe than sorry, have a good evening".

No problem at Jose Marti either, other than having 4 lighters extracted from my carry-on. Had a "few" boxes and bundles but nobody said a thing.

Problem with the lighter bit was I went to the VIP Salon, grabbed a glass of HC7 and a bottle of Mexican Coke and went up to the smoking lounge. There I sit with many cigars and no means to light a one. I asked the staff about it and no one could help me out.

As I was leaving I mentioned to the girl at the front desk that it was a bit odd to have a smoking room but no matches or lighters available. She told me she could assist and I said my flight is boarding. She said I'd have plenty of time for a cigarette! ;) 

Glad you got through too Mike!

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48 minutes ago, stogieluver said:

A friend of mine says to just not declare anything. He says he’ll take his chances.  My friend says don’t give them an excuse to have to do their job.  The customs agents don’t give a shit about cigars and rum coming through.  

I don’t know how smart that is, but my friend has never had a problem. 

Since it's their job to enforce customs, immigration and agricultural laws/regulations and as part of that duty, have a right inspect, I take the entirely opposite approach as your friend.  But my goal is entirely the same. 

I declare everything: With the goal of not giving them an excuse to do their job.  

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I had previously reached out to CBP asking for them to clarify the contradictory 4% duty over the limit language then a tobacco limit of 100 cigars mentioned elsewhere. The response below does not really answer my question but does support the 100 cigar policy at a minimum. Anything over 100 appears to be at the discretion of the officer and with the current political rhetoric it's not going to get better any time soon.

 

image.thumb.png.fa1b4a84e002329a4b9e2a9ebe48d9ba.png

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6 minutes ago, kevpro said:

I had previously reached out to CBP asking for them to clarify the contradictory 4% duty over the limit language then a tobacco limit of 100 cigars mentioned elsewhere. The response below does not really answer my question but does support the 100 cigar policy at a minimum. Anything over 100 appears to be at the discretion of the officer and with the current political rhetoric it's not going to get better any time soon.

 

image.thumb.png.fa1b4a84e002329a4b9e2a9ebe48d9ba.png

Quite vague and apparently very discretionary!

 

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1 minute ago, Habana Mike said:

Quite vague and apparently very discretionary!

 

Honestly it almost seems like a bot pasted a couple google searches together. At least I can show this to support bringing back 100 though!

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So what's the general rule of thumb if you want to bring maybe 2-3 boxes of Cubans into the US as gifts/to smoke but you are not a US resident or citizen?  Do you just stick to 100 cigars max?

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