Are there penalties for bringing prohibited items through customs?

What the Law Says

Federal law authorizes U.S. Customs and Border Protection (CBP) to assess penalties, seize prohibited goods, and refer cases for criminal prosecution when travelers or importers violate customs laws.

Under 19 U.S.C. § 1500, CBP has authority to appraise, classify, and liquidate entries — including determining whether merchandise is admissible. While § 1500 itself focuses on administrative procedures, it operates within a broader statutory framework (e.g., 19 U.S.C. §§ 1581–1597) that establishes penalties for violations such as importing prohibited or restricted articles without proper entry, declaration, or permits.

Civil penalties may be imposed for negligent or fraudulent misdeclaration, failure to declare, or importing prohibited items — up to the value of the merchandise or $10,000 per violation, whichever is greater. Criminal penalties apply for willful violations, including smuggling, with potential imprisonment up to 5 years and fines under Title 18.

Prohibited items include narcotics, counterfeit goods, certain agricultural products, unlicensed firearms, and goods violating intellectual property rights — each governed by specific statutes (e.g., 21 U.S.C. § 841 for drugs; 18 U.S.C. § 545 for smuggling).

Statutory Text

The Secretary of the Treasury shall prescribe regulations for the appraisement, classification, and liquidation of merchandise entered for consumption or warehouse, and for the assessment and collection of duties thereon.

— 19 U.S.C. § 1500 — Appraisement, classification, and liquidation procedure

What to Do

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