Tariff on wines carried on planes?

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YLee
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Tariff on wines carried on planes?

#1 Post by YLee » October 23rd, 2019, 3:30 am

Has anyone brought in wines through check-in luggage on international flights into JFK Airport since October 18? Was there an increase in tax?
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Re: Tariff on wines carried on planes?

#2 Post by D@vid Bu3ker » October 23rd, 2019, 5:02 am

FWIW, I have not yet seen an update to the US Customs travel page. They have explanations for some prior tariff implementations, but have not gotten to this one yet.
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Re: Tariff on wines carried on planes?

#3 Post by Jeff_M. » October 23rd, 2019, 6:11 am

There should still be a 2 bottle per person duty free exemption unless they changed the duty free allowance.
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Re: Tariff on wines carried on planes?

#4 Post by D@vid Bu3ker » October 23rd, 2019, 7:11 am

The allowance is 1 Liter per the US Customs website.
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Re: Tariff on wines carried on planes?

#5 Post by Jay Miller » October 23rd, 2019, 7:48 am

D@vid Bu3ker wrote:
October 23rd, 2019, 7:11 am
The allowance is 1 Liter per the US Customs website.
But of course traditionally any wine brought back from vacation has been waved through given the miniscule duties that would have been due. We're all waiting to see if that changes with the new tariffs.
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Re: Tariff on wines carried on planes?

#6 Post by D@vid Bu3ker » October 23rd, 2019, 8:17 am

Right.

I think it will be a little while before we really know.
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Re: Tariff on wines carried on planes?

#7 Post by GregT » October 23rd, 2019, 9:59 am

D@vid Bu3ker wrote:
October 23rd, 2019, 7:11 am
The allowance is 1 Liter per the US Customs website.
And again, it's a liter of alcohol, not a liter of any liquid that contains any alcohol. So don't worry for a few bottles.
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Re: Tariff on wines carried on planes?

#8 Post by D@vid Bu3ker » October 23rd, 2019, 10:33 am

GregT wrote:
October 23rd, 2019, 9:59 am
D@vid Bu3ker wrote:
October 23rd, 2019, 7:11 am
The allowance is 1 Liter per the US Customs website.
And again, it's a liter of alcohol, not a liter of any liquid that contains any alcohol. So don't worry for a few bottles.
Try again...from the US Customs site:

"One American liter (33.8 fl. oz.) of alcoholic beverages may be included in your returning resident personal exemption..."

It's not a "liter of alcohol" as you state.
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Re: Tariff on wines carried on planes?

#9 Post by Brady Daniels » October 23rd, 2019, 10:55 pm

Yes, but we need a trail blazer or two to bring home a six pack and share their experience. Before my Christmas trip to London, please. ( ͡~ ͜ʖ ͡°)
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Re: Tariff on wines carried on planes?

#10 Post by Jeff_M. » October 24th, 2019, 6:31 am

I think the real answer here is you're given a duty free allowance. If you declare the wine to CBP upon arrival in excess of the duty free amount, they may or may not decide to collect the taxes on the wine. From past experience they just wave you through. I really don't see that changing.
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Re: Tariff on wines carried on planes?

#11 Post by Jay Miller » October 24th, 2019, 6:52 am

Jeff_M. wrote:
October 24th, 2019, 6:31 am
I think the real answer here is you're given a duty free allowance. If you declare the wine to CBP upon arrival in excess of the duty free amount, they may or may not decide to collect the taxes on the wine. From past experience they just wave you through. I really don't see that changing.
Hopefully not, but previously the duty on most cases of wine would have been about $1 whereas now it could easily be 100x that. So they have more of an incentive to spend time on it.
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Re: Tariff on wines carried on planes?

#12 Post by Richard T r i m p i » October 24th, 2019, 7:09 am

Jay Miller wrote:
October 24th, 2019, 6:52 am
Hopefully not, but previously the duty on most cases of wine would have been about $1 whereas now it could easily be 100x that. So they have more of an incentive to spend time on it.
How will they know what to charge? Is it a law to keep your retail receipts? Some sort of dumbfoundingly massive database? Some sort of default tariff? Actual tariffs must be based on reported prices communicated by an importer. Why can't an individual just say $5 or $10/bottle? A case might then generate a whopping $15 - $30.

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Re: Tariff on wines carried on planes?

#13 Post by YLee » October 24th, 2019, 7:14 am

I will be going to London, France and parts of Asia soon. Will bring in cases each trip. Let's see what happens.
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Re: Tariff on wines carried on planes?

#14 Post by Jay Miller » October 24th, 2019, 7:19 am

Richard T r i m p i wrote:
October 24th, 2019, 7:09 am
Jay Miller wrote:
October 24th, 2019, 6:52 am
Hopefully not, but previously the duty on most cases of wine would have been about $1 whereas now it could easily be 100x that. So they have more of an incentive to spend time on it.
How will they know what to charge? Is it a law to keep your retail receipts? Some sort of dumbfoundingly massive database? Some sort of default tariff? Actual tariffs must be based on reported prices communicated by an importer. Why can't an individual just say $5 or $10/bottle? A case might then generate a whopping $15 - $30.

RT
Apparently you are supposed to have your receipts on hand. I've never done this:

https://www.cbp.gov/travel/us-citizens/ ... you-return

What to Expect When You Return
Complete the CBP Declaration Form 6059B
You have several entry options once you return from your trip. All travelers must complete a CBP Declaration Form 6059B itemizing all purchased merchandise and agricultural products.

Here are your options:

Complete a paper form that may be obtained at the port of entry or on the flight or cruise.
Complete the online form at a Global Entry kiosk. (Only preapproved Global Entry members are allowed to use these kiosks.)
Complete the online form at an Automated Passport Control kiosk.
Keeping all your purchase receipts handy in an envelope in your carry-on bag will ease this process. If warranted, the CBP officer will calculate the duties to pay on your newly acquired goods.
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Re: Tariff on wines carried on planes?

#15 Post by D@vid Bu3ker » October 24th, 2019, 7:23 am

Yep. You are supposed to keep receipts for good personally imported.
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Re: Tariff on wines carried on planes?

#16 Post by YLee » October 24th, 2019, 7:39 am

Legit question. Not trying to circumvent the system. If someone gifts me bottles of wines and I bring them in through checkin luggage, do I need a note from the person that gifted me the wines?
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Re: Tariff on wines carried on planes?

#17 Post by Jay $$ Winton » October 24th, 2019, 7:45 am

I'm going to London next month and was planning on taking a couple of bottles for a dinner. Will I be charged tariff by the (not so) UK?
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Re: Tariff on wines carried on planes?

#18 Post by D@vid Bu3ker » October 24th, 2019, 7:58 am

Your duty free allowance is 4 liters of still wine and 2 liters of sparkling. Exceed that and you will have to pay duty and VAT.
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Re: Tariff on wines carried on planes?

#19 Post by julianseersmartin » October 24th, 2019, 8:30 am

Jay $$ Winton wrote:
October 24th, 2019, 7:45 am
I'm going to London next month and was planning on taking a couple of bottles for a dinner. Will I be charged tariff by the (not so) UK?
D@vid Bu3ker wrote:
October 24th, 2019, 7:58 am
Your duty free allowance is 4 liters of still wine and 2 liters of sparkling. Exceed that and you will have to pay duty and VAT.
The above is correct to the letter of the law.

I highly doubt you will have to pay anything if you exceed it by 1 or 2 litres. I have done this probably 15 times now with 6-9 bottles, and I'm always waved through. Make sure you go through the red lane to declare it though - you'll be in far more trouble if you get caught not doing so.

I understand that if it's less than 10GBP of duty, the customary rule is that they don't bother.

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Re: Tariff on wines carried on planes?

#20 Post by AndrewH » October 24th, 2019, 10:23 am

YLee wrote:
October 24th, 2019, 7:39 am
Legit question. Not trying to circumvent the system. If someone gifts me bottles of wines and I bring them in through checkin luggage, do I need a note from the person that gifted me the wines?
I believe it's value, not "price paid. Price paid is usually a good measure of value, but if you say "I paid nothing" I don't think that will fly.
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Re: Tariff on wines carried on planes?

#21 Post by D@vid Bu3ker » October 24th, 2019, 10:44 am

If no receipts then you need to provide some reasonable method of valuation. A check of Wine Searcher could suffice.

The primary methods of valuation accepted by US Customs are:

Transaction Value of Merchandise in Question
Transaction Value of Identical Merchandise
Transaction Value of Similar Merchandise

The rest of the methods are too complicated for doing at the airport. Please be aware that "similar" does not mean you can compare grocery store-level Cabernet to Screaming Eagle or Latour.
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Re: Tariff on wines carried on planes?

#22 Post by GregT » October 24th, 2019, 12:20 pm

D@vid Bu3ker wrote:
October 23rd, 2019, 10:33 am
GregT wrote:
October 23rd, 2019, 9:59 am
D@vid Bu3ker wrote:
October 23rd, 2019, 7:11 am
The allowance is 1 Liter per the US Customs website.
And again, it's a liter of alcohol, not a liter of any liquid that contains any alcohol. So don't worry for a few bottles.
Try again...from the US Customs site:

"One American liter (33.8 fl. oz.) of alcoholic beverages may be included in your returning resident personal exemption..."

It's not a "liter of alcohol" as you state.
Or not. That line has the virtue of simplicity. But the OP was asking about tax You're taxed on the alcohol.

From the US Customs:

Duty rates on alcoholic beverages are based on the percent of alcohol per liter in the product - not on units of packaging such as per bottle/case.

I'm not aware of any federal limit on how much alcohol can be brought in for personal use, but several agencies have some jurisdiction.
  • - The TSA establishes how much you can put in your carry-on. It's very little, only a few ounces.

    - The U.S. Customs and Border Protection can question you if they see several cases in your baggage. I've never had problems.

    - The TTB has jurisdiction if Customs thinks you're bringing back cases of wine for commercial use. If so, you may be asked complete a TTB import license form.

    - The FAA has, or had, a rule limiting the unopened alcohol you can bring onto a plane to five liters per person if it is between 24 and 70%. Less than 24% you can bring more than five liters. Again, I've never had problems and lines like Alaska Air allow free shipping of a case, so I'm not sure if this is still in effect.
You can look up the duty rates. They're pennies per liter.

For example:
Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009:(con.)

Other wine; grape must with fermentation prevented or arrested by the addition of alcohol:

In containers holding 2 liters or less:

Wine of an alcoholic strength by volume not over 14 percent vol.:

If entitled under regulations of the United States Internal Revenue Service to a type designation which includes the name "Tokay"and if so designated on the approved label.............................................6.3¢/liter
So if someone is going to allow you a liter of alcoholic beverage like Tokay duty free, they'd have to collect 6.3*.75 or 4.725 cents on your second bottle. I'd probably flip him a nickel and tell him to keep the change.
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Re: Tariff on wines carried on planes?

#23 Post by D@vid Bu3ker » October 24th, 2019, 12:32 pm

You are confusing duty rate and duty free allowances.

And the tariffs have nothing to do with the duty rates. The tariffs are an over and above. They are specifically on the value of the imported product.

If you are bringing in any wine covered under the HTS heading listed below you are caught for 25% of the value of the wine.
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Re: Tariff on wines carried on planes?

#24 Post by GregT » October 24th, 2019, 2:55 pm

That's right. The tariffs are over and above. They're a new thing.
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Re: Tariff on wines carried on planes?

#25 Post by Nola Palomar » October 24th, 2019, 3:26 pm

GregT wrote:
October 24th, 2019, 2:55 pm
That's right. The tariffs are over and above. They're a new BEAST.
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Re: Tariff on wines carried on planes?

#26 Post by Scot H. » October 24th, 2019, 3:37 pm

Duty and tax and tariff are just different words for the same thing. If you bring in any amount of alcohol in excess of your personal exemption, I would expect that you would be subject to applicable federal taxes. This can include excise taxes (described above on volume), or other federal taxes, like the new 25% value tax. Keep in mind that you are also subject to the laws of your port of entry. So if you land in Charlotte, you would be subject to the North Carolina alcohol beverage scheme, to include restrictions on importation. Those state laws can limit your ability to import wine (in your luggage), even if you are willing to pay the federal taxes.
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Re: Tariff on wines carried on planes?

#27 Post by D@vid Bu3ker » October 24th, 2019, 3:55 pm

Thanks Scot.

People are having a hard enough time understanding the Federal Customs rules. I think adding state rules might cause their heads to explode! ;)
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Re: Tariff on wines carried on planes?

#28 Post by Geoff F. » October 24th, 2019, 11:15 pm

"not over 2 liters" - time to just start bringing home double mags.
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Re: Tariff on wines carried on planes?

#29 Post by AndrewH » October 25th, 2019, 5:25 am

GregT wrote:
October 24th, 2019, 12:20 pm



Or not. That line has the virtue of simplicity. But the OP was asking about tax You're taxed on the alcohol.

From the US Customs:

Duty rates on alcoholic beverages are based on the percent of alcohol per liter in the product - not on units of packaging such as per bottle/case.

I think you're reading something into this that's not there - duty/tariff rates depend on the amount of alcohol to the extent those put the product into a different duty category. For example, there are different categories for wines >14% vs. <14%, and for Champagne, and Tokay, and hard liquors. So that statement describes that situation, but not in the way you say. The duty rate is then marked as "per litre" which is referring to the amount of liquid you have, not the net amount of alcohol in that litre of alcoholic beverage.
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Re: Tariff on wines carried on planes?

#30 Post by D@vid Bu3ker » October 25th, 2019, 5:25 am

AndrewH wrote:
October 25th, 2019, 5:25 am
GregT wrote:
October 24th, 2019, 12:20 pm



Or not. That line has the virtue of simplicity. But the OP was asking about tax You're taxed on the alcohol.

From the US Customs:

Duty rates on alcoholic beverages are based on the percent of alcohol per liter in the product - not on units of packaging such as per bottle/case.

I think you're reading something into this that's not there - duty/tariff rates depend on the amount of alcohol to the extent those put the product into a different duty category. For example, there are different categories for wines >14% vs. <14%, and for Champagne, and Tokay, and hard liquors. So that statement describes that situation, but not in the way you say. The duty rate is then marked as "per litre" which is referring to the amount of liquid you have, not the net amount of alcohol in that litre of alcoholic beverage.
You are correct Andrew.
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Re: Tariff on wines carried on planes?

#31 Post by Scot H. » October 25th, 2019, 6:28 am

D@vid Bu3ker wrote:
October 24th, 2019, 3:55 pm
Thanks Scot.

People are having a hard enough time understanding the Federal Customs rules. I think adding state rules might cause their heads to explode! ;)
Ha! No kidding. But I think it is important to understand that because it puts a “kink” in a scheme to bring back cases of wine in your luggage. If you do, you would obviously need to declare it and pay taxes, and that raises a good chance that the CBP would also raise state issues. Imagine if you landed in Philadelphia and you were subject to the arcane vagaries of the PLCB - as it is illegal to import any alcohol into PA (with limited exceptions, one of which is a single gallon of wine purchased outside the US)!

https://www.lcb.pa.gov/Legal/Documents/000836.pdf
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Re: Tariff on wines carried on planes?

#32 Post by D@vid Bu3ker » October 25th, 2019, 6:39 am

Although I do find it unlikely that a federal Customs employee is going to spend time enforcing PA (or other) state laws. It's not their job...at all.
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Re: Tariff on wines carried on planes?

#33 Post by joeduncan » October 25th, 2019, 6:48 am

D@vid Bu3ker wrote:
October 25th, 2019, 6:39 am
Although I do find it unlikely that a federal Customs employee is going to spend time enforcing PA (or other) state laws. It's not their job...at all.
Anyone have experience on the Mexico/CA border? CA makes it illegal to bring in more than 1L/person by land (but I'm pretty sure it's fine on a plane). I've always obeyed and kept to that limit coming back from valle de guadalupe even though the only enforcement would be federal cbp.

Edit: it's specific to the Mexico border, and applies to pedestrians or vehicles, except common carriers. Limit is the federal duty free limit. Seems like enforcing state law in this case is unfortunately easy. Any time they have to collect federal duty on wine they just say no your can't bring it in.
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Re: Tariff on wines carried on planes?

#34 Post by Jeff_M. » October 25th, 2019, 7:53 am

joeduncan wrote:
October 25th, 2019, 6:48 am
D@vid Bu3ker wrote:
October 25th, 2019, 6:39 am
Although I do find it unlikely that a federal Customs employee is going to spend time enforcing PA (or other) state laws. It's not their job...at all.
Anyone have experience on the Mexico/CA border? CA makes it illegal to bring in more than 1L/person by land (but I'm pretty sure it's fine on a plane). I've always obeyed and kept to that limit coming back from valle de guadalupe even though the only enforcement would be federal cbp.

Edit: it's specific to the Mexico border, and applies to pedestrians or vehicles, except common carriers. Limit is the federal duty free limit. Seems like enforcing state law in this case is unfortunately easy. Any time they have to collect federal duty on wine they just say no your can't bring it in.
https://www.abc.ca.gov/importing-alcoho ... ehold-use/
One bottle for the MX, California border. I know this because I bought 2 bottles at the Tijuana duty free on foot before walking across the border and CBP told me its a 2 750ml bottle limit by air and one by land. Luckily for me he allowed me to keep my 2 bottles with no duty paid.
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Re: Tariff on wines carried on planes?

#35 Post by Scot H. » October 25th, 2019, 9:26 am

D@vid Bu3ker wrote:
October 25th, 2019, 6:39 am
Although I do find it unlikely that a federal Customs employee is going to spend time enforcing PA (or other) state laws. It's not their job...at all.
I actually recall something about this from years ago and found this online in one of the Know Before You Go brochures:

Also, you should be aware that state laws might limit the amount of alcohol you can bring in without a license. If
you arrive in a state that has limitations on the amount of alcohol you may bring in without a license, that state
law will be enforced by CBP, even though it may be more restrictive than federal regulations.
We recommend that you check with the state government before you go abroad about their limitations on quantities
allowed for personal importation and additional state taxes that might apply


[Edit, here it is here too] https://www.cbp.gov/travel/internationa ... -duty-info
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Re: Tariff on wines carried on planes?

#36 Post by D@vid Bu3ker » October 25th, 2019, 9:29 am

Yes. That has been there for a long time. Never heard of them actually doing it.
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