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Can a knowledgeable individual shed some light on the topic

Marine6186

Marine6186

...oh you want me to say something.
Joined
Dec 15, 2009
Messages
236
Location
Buffalo, NY
Evening folks, while I have been smoking cigars for roughly 10 years I may have had one or two CCs. I have never thought the risk was worth the reward. I am lucky enough to have a plentiful amount of authorized shops within two hours from my home and decided I want to make a weekend trip with my fiance.

I went to CBP.gov and it directed me to Treasury.gov and I found this item:

"32. Can I purchase Cuban-origin cigars and/or Cuban-origin rum or other Cuban-origin alcohol while in a third country (i.e. not Cuba)? Yes, persons subject to U.S. jurisdiction may purchase or acquire Cuban-origin merchandise, including alcohol and tobacco products, while in a third country for personal consumption. Such products may be consumed while in a third country, or imported into the United States as accompanied baggage for personal use only. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.585(c) and (d)."​

I also went to CFR § 515.585(c) and (d) and nothing caught my eye except:

"Note 3 to § 515.585: This section does not authorize any transaction prohibited by § 515.204, including the purchase or sale of Cuban-origin goods."​

So I went there, and I feel like it contradicts itself because § 515.204 states:

"(a) Except as specifically authorized by the Secretary of the Treasury (or any person, agency, or instrumentality designated by him) by means of regulations, rulings, instructions, licenses, or otherwise, no person subject to the jurisdiction of the United States may purchase, transport, import, or otherwise deal in or engage in any transaction with respect to any merchandise outside the United States if such merchandise:

(1) Is of Cuban origin; or

(2) Is or has been located in or transported from or through Cuba; or

(3) Is made or derived in whole or in part of any article which is the growth, produce or manufacture of Cuba."​

Can someone tell me if I can legally bring back a couple sticks back with me, without fear of confiscation?
 
Marine6186 said:
Evening folks, while I have been smoking cigars for roughly 10 years I may have had one or two CCs. I have never thought the risk was worth the reward. I am lucky enough to have a plentiful amount of authorized shops within two hours from my home and decided I want to make a weekend trip with my fiance.

I went to CBP.gov and it directed me to Treasury.gov and I found this item:

"32. Can I purchase Cuban-origin cigars and/or Cuban-origin rum or other Cuban-origin alcohol while in a third country (i.e. not Cuba)? Yes, persons subject to U.S. jurisdiction may purchase or acquire Cuban-origin merchandise, including alcohol and tobacco products, while in a third country for personal consumption. Such products may be consumed while in a third country, or imported into the United States as accompanied baggage for personal use only. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.585(c) and (d)."​

I also went to CFR § 515.585(c) and (d) and nothing caught my eye except:

"Note 3 to § 515.585: This section does not authorize any transaction prohibited by § 515.204, including the purchase or sale of Cuban-origin goods."​

So I went there, and I feel like it contradicts itself because § 515.204 states:

"(a) Except as specifically authorized by the Secretary of the Treasury (or any person, agency, or instrumentality designated by him) by means of regulations, rulings, instructions, licenses, or otherwise, no person subject to the jurisdiction of the United States may purchase, transport, import, or otherwise deal in or engage in any transaction with respect to any merchandise outside the United States if such merchandise:

(1) Is of Cuban origin; or

(2) Is or has been located in or transported from or through Cuba; or

(3) Is made or derived in whole or in part of any article which is the growth, produce or manufacture of Cuba."​

Can someone tell me if I can legally bring back a couple sticks back with me, without fear of confiscation?
Click to expand...
You can bring as much as you want, as long as you declare it. For now.
 
CMontoya79 said:
You can bring as much as you want, as long as you declare it. For now.
Click to expand...

Thanks, this may sound stupid (I don't go to Canada all that often) when they ask if I have anything to declare just tell them yes I have some Cuban cigars. Then they may ask to see them and a receipt?
 
Marine6186 said:
Thanks, this may sound stupid (I don't go to Canada all that often) when they ask if I have anything to declare just tell them yes I have some Cuban cigars. Then they may ask to see them and a receipt?
Click to expand...
I haven't traveled across international boundaries since about 26 years ago. It may be best to have a response from someone who has/does much more recently.
 
Now we all get to PayPal you some money to buy us a bunch of smokes. Joking of course.

Canada has a high tax rate on stogies so be wary of that.
 
jbfurdog said:
Now we all get to PayPal you some money to buy us a bunch of smokes. Joking of course.

Canada has a high tax rate on stogies so be wary of that.
Click to expand...

Ha, I expect PMs to follow (which will be ignored). I realize they are high but I live in NYS, soooooo yeah lol. If I'm able to find a vendor I trust it is worth it to me, to legally add to my stash.
 
Marine6186 said:
Thanks, this may sound stupid (I don't go to Canada all that often) when they ask if I have anything to declare just tell them yes I have some Cuban cigars. Then they may ask to see them and a receipt?
Click to expand...
Yes, from my understanding it's currently 50 cigars and one liter of rum valued at no more than $800 per person that's tax free. Anything above that gets taxed depending on the value starting at 4% and goes up from there. It is at their discretion whether they want to see them or not, but if you don't declare them and get caught then that's when it becomes a bigger issue. I'd keep my receipt on hand too just in case.
 
Thanks for the the info folks. Looking forward to my weekend adventure.

... Now to figure out what I want to try.
 
When you declare all you need to do it declare the cigars. You don't have to say the country of origin, just the value of the purchase. Specifically it's the question on the form that asks if you are bringing in more than x dollars worth of tobacco. They don't care if it's cigarettes or cigars. Answer truthfully and you are fully in the clear.

As an aside, cigar taxes in Canada are insane. Expect to pay $40 CN for a $10 cigar.
 
MichaelD said:
When you declare all you need to do it declare the cigars. You don't have to say the country of origin, just the value of the purchase. Specifically it's the question on the form that asks if you are bringing in more than x dollars worth of tobacco. They don't care if it's cigarettes or cigars. Answer truthfully and you are fully in the clear.

As an aside, cigar taxes in Canada are insane. Expect to pay $40 CN for a $10 cigar.
Click to expand...

Really!? It is that much markup? I found one shop that advertises their prices online and a Hoyo de Monterrey Palmas Extra and H. Upmann Half Coronas were listed for $12.95 CND and Cohiba Siglo I in Tube was listed around $31. I didn't think that was too bad. Pardons listed for $38 at my local B&M.

As I have said the forbidden fruit was never that alluring to me. I couldn't justify losing a couple hundred dollars in a seized shipment or risk bugging people for their sources. However, my palate has changed and I have an appreciation for the finer things in life. Oh well, guess I'm stuck paying the markup.
 
US Customs and Boarder Protection says:

In accordance with 26 U.S.C. § 5702(c), "tobacco products" means cigars, cigarettes, smokeless tobacco (snuff or chewing tobacco), pipe tobacco, and roll-your-own tobacco. For pipe/loose tobacco products, contact the Ports of Entry.

Returning resident travelers 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).

Once every 31 days, a resident returning from travel from American Samoa, Guam, the Commonwealth of the Northern Mariana Islands (CNMI), or the Virgin Islands of the United States may import 1,000 cigarettes (5 cartons), not more than 200 of which acquired elsewhere than in such locations, within the returning resident's $1,600 exemption from duty and taxes.

Bidis - essentially flavored cigarettes - are not generally permitted entry. For more information see the Tobacco Control Act.

In addition, cigarettes may be subject to Federal excise tax. The rates may be viewed by visiting The Alcohol and Tobacco Tax and Trade Bureau.

Note: Federal excise tax rates are for informational purposes only and actual tax or fee may vary according to a person's circumstances.

For more information about duty-exemption or duty rates for other tobacco products, please contact the Ports of Entry directly.

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



https://help.cbp.gov/app/answers/de...sion/L3RpbWUvMTQ4ODI4ODUxOC9zaWQvYUpDMlltY24=
 
Yep, that is my first link (CBP.gov). The last line in that statement is what drove me to the D. O. Treasury.

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

Just want to make sure I'm not breaking the law. If I have to pay a premium (Canadian taxes) to do so, that is okay with me.
 
I swear I did read your original post, I got caught up in the replies. Sorry about reciting what you've already said.
 
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