19 C.F.R. § 148.13

Written declarations

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(a) When required. Unless an oral declaration is accepted under § 148.12, the declaration required of a person arriving in the United States shall be in writing on Customs Form 6059-B.

(b) Completion and presentation of written declarations. The person arriving in the United States shall complete the information required by Customs Form 6059-B and shall list all articles acquired abroad which are in his possession at the time of arrival. Individual items not exceeding $5 per item in fair retail value in the country of acquisition may be grouped on the written declaration as “Miscellaneous” up to but not exceeding a total value of $50. Articles not requiring itemization as set forth in paragraph (c) of this section shall be declared orally to the Customs officer. The form shall be presented to the Customs officer who will inspect the passenger's baggage.

(c) Itemization of certain articles not required. Except as required by § 148.62 or § 148.66 for crewmembers' articles, the following need not be itemized in written declarations:

(1) Effects of a returning resident entitled to free entry under subheading 9804.00.10, Harmonized Tariff Schedule of the United States (HTSUS) (19 U.S.C. 1202), for tools of trade taken abroad, or under subheading, 9804.00.45, HTSUS, for personal or household effects taken abroad. However, automobiles and other vehicles of residents returning from countries other than Canada or Mexico and the cost of all repairs or alterations to articles taken abroad must be itemized.

(2) Effects of a nonresident entitled to free entry under subheading 9804.00.20, HTSUS (19 U.S.C. 1202), for wearing apparel and other similar personal effects; subheading 9804.00.25, HTSUS, for tobacco products and alcoholic beverages; subheading 9804.00.30, HTSUS, for articles to be disposed of as bona fide gifts; or subheading 9804.00.40, HTSUS, for articles accompanying a person in transit to a place outside U.S. customs territory.

(3) Books, libraries, furniture, and similar household effects entitled to free entry under subheading 9804.00.05, HTSUS.

(d) Value. Opposite the description of each article required to be declared specifically in a written declaration, the passenger shall state either:

(1) The price actually paid for the article in the currency of purchase, or its equivalent in U.S. currency; or

(2) The fair retail value in the country of acquisition if the article was not acquired by purchase, in the currency of the country in which the article was acquired, or its equivalent in U.S. currency.

(e) Acknowledgment before Customs officer. Each written declaration shall be acknowledged by the declarant before the Customs officer who examines the baggage covered by the declaration.

[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 87-89, 52 FR 24445, July 1, 1987; T.D. 89-1, 53 FR 51264, Dec. 21, 1988]

Notes of Decisions

Cited in 3 cases, 1984–2013 · leading case: United States v. Two Hundred Thousand Dollars ($200,000) in United States Currency, 590 F. Supp. 866 (S.D. Fla. 1984).

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United States v. Two Hundred Thousand Dollars ($200,000) in United States Currency, 590 F. Supp. 866 (S.D. Fla. 1984). “Unlike Form 4790, the currency reporting question on Form 6059-B does not enlarge upon the regulation under which it was promulgated, see 19 C.F.R. § 148.13 (a), (b), and it imposes no further liabilities or potential liabilities.”

United States v. Stephen Willoughby, 540 F. App'x 932 (11th Cir. 2013). “See 19 C.F.R. § 148.13 . If a family is traveling together, one *934 member of the family may fill out a declaration form on the group's behalf.”

United States v. 164 Pieces of Jewelry, 785 F. Supp. 885 (D. Or. 1991). “19 C.F.R. § 148.13 (b). The evidence is undisputed that Jacques Pierson did not declare the jewelry either orally or in writing before the inspection of his baggage.”

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