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 is employed, with the intention of resuming such employment
Details
| Field | Value |
|---|---|
| Unit of Quantity | N/A |
| General Rate of Duty (Column 1 - General) | Free |
| Special Rate of Duty (Column 1 - Special) | N/A |
| Column 2 Rate of Duty | Free |
| Quota Quantity | N/A |
| Additional Duties | N/A |
Overview
HTS Code 9804.00.80 specifically addresses articles intended for the personal use of individuals arriving in the United States who are employed on vessels, vehicles, or aircraft engaged in international traffic and intend to resume that employment. This provision allows for the duty-free importation of a reasonable quantity of such articles, including a specified allowance for cigars, cigarettes, smoking tobacco, and alcoholic beverages. The key criteria for this classification are the traveler's employment status in international transit, the personal nature of the items, and the intention to depart the U.S. to resume that employment.
Unlike typical import classifications that focus on the nature of the goods themselves, this HTS code is a special provision that prioritizes the status of the individual importer and the intended use of the articles. While other sections of the HTS might classify items like alcohol or tobacco, this provision offers a specific exemption or allowance for crew members arriving in the U.S. under defined circumstances. It is crucial to differentiate this from general personal effects or goods imported for commercial purposes, as the intent of personal use and the importer's employment in international traffic are paramount.
As HTS Code 9804.00.80 is a leaf node, it does not have further subcategories. Classification under this code is definitive based on meeting the stipulated requirements for personal use by international transit crew members. Importers must be prepared to demonstrate their employment status and the personal nature of the goods to customs officials.