Originally Posted by SmoothGhoster
wonder what the fine is
Seriously don't even think about going there. And sure as hell don't post threads contemplating illegal activity on the CruisersForum.
The volume and value you are indicating as to the cashews ill mean the violation is of commercial
nature and not of a personal nature, e.g., personal items would be such as the low value gift you bought, an item of clothing
, or the duty free liquor you bought at the departing airport
. Failure to declare items of personal nature are subject to the following penalties.
19 USC § 1497. Penalties for failure to declare
(a) In general
(1) Any article which—
(A) is not included in the declaration and entry as made or transmitted; and
(B) is not mentioned before examination of the baggage begins—
(i) in writing by such person, if written declaration and entry was required, or
(ii) orally, if written declaration and entry was not required;
shall be subject to forfeiture and such person shall be liable for a penalty determined under paragraph (2) with respect to such article.
(2) The amount of the penalty imposed under paragraph (1) with respect to any article is equal to—
(A) if the article is a controlled substance, either $500 or an amount equal to 1,000 percent of the value of the article, whichever amount is greater; AND
(B) if the article is not a controlled substance, also the value of the article.
So you will be out the imported item as it will be forfeited, plus a fine totallig 1,100 percent of the value of the article.
There are two possible scenarios.
Scenario 1: You’re transporting this contraband product in non-commercial values (less than $2,500).
If you don’t declare your contraband products or give false information, you will most certainly face consequences. According to section 592 of Customs Law, a fine of $300 will be given as a “spot penalty” for the non-declaration of a forbidden non-agricultural product, and the product will be confiscated. French Morning reached out to CBP for further commentary on this topic. CBP spokesperson Jason Givens added that travelers who refuse to pay the fine can ask to choose to have a hearing. “However, if there is a hearing the penalty could increase to $1,000 or more, depending on the item,” said Givens.
As for forbidden agricultural products (fruits and vegetables, meat and all food made from animal and vegetable byproducts), which are susceptible to transporting parasites, if you forget to declare, make an error in your declaration, or don’t declare at all, you can be charged with a civil penalty of up to $10,000.
Scenario 2: You’re transporting commercial
quantities (more than $2,500 dollars).
In this case, the CBP uses article 542 — a section of title 18 in the United States Code of Law. Under article 542, a person transporting commercial qualities of undeclared goods can be charged with the criminal penalty of money
laundering, and illegal or attempted illegal importing, punishable by a maximum of 20 years in prison, a fine, or both. The criminal fine is up to $500,000 or twice the value of the contraband non-declared products, whichever is greater.
The fines don’t stop there. In additional to the criminal penalty, there is a civil penalty of up to $10,000, or the value of the contraband non-declared product, whichever is greater.