Here’s the U.S. Approved List of Goods Eligible to Import from Cuba Today

The U.S. embargo against Cuba remains in place – it can only be removed by U.S. Congress – yet former President Obama used executive authority to modify certain aspect of the embargo including importation rules for goods produced by independent Cuban entrepreneurs.

Goods and Services Eligible for Importation from Cuba

In accordance with the policy changes announced by the President Obama on December 17, 2014, to further engage and empower the Cuban people, Section 515.582 of the Cuban Assets Control Regulations (31 CFR Part 515 – the CACR) authorizes the importation into the U.S. of certain goods and services produced by independent Cuban entrepreneurs as determined by the State Department as set forth on the Section 515.582

Here’s the exclusion list:

Goods

The goods whose import is authorized by Section 515.582 are goods produced by independent Cuban entrepreneurs, as demonstrated by documentary evidence, that are imported into the United States, except for goods specified in the following sections/chapters of the Harmonized Tariff Schedule of the United States (HTS):

• Section I: Live Animals; Animal Products
  • All chapters
• Section II: Vegetable Products
  • All chapters, except Chapter 9 heading 0901 (coffee)
    **Please note that exporters will be required to prove that they have met all sanitary and phytosanitary standards, including food safety.

• Section III: Animal or Vegetable Fats and Oils and their Cleavage Products; Prepared Edible Fats; Animal or Vegetable Waxes
  • All chapters
• Section IV: Prepared Foodstuffs; Beverages, Spirits, and Vinegar; Tobacco and Manufactured Tobacco Substitutes
  • All chapters
• Section V: Mineral Products
  • All chapters
• Section VI: Products of the Chemical or Allied Industries
  • Chapters 28-32; 35-36, 38
• Section XV: Base Metals and Articles of Base Metal
  • Chapters 72-81
• Section XVI: Machinery and Mechanical Appliances; Electrical Equipment; Parts Thereof; Sound Recorders and Reproducers, Television Image and Sound Recorders and Reproducers, and Parts and Accessories of Such Articles
  • All chapters
• Section XVII: Vehicles, Aircraft, Vessels, and Associated Transportation Equipment
  • All chapters
• Section XIX: Arms and Ammunition; Parts and Accessories Thereof
  • All chapters

Persons subject to U.S. jurisdiction engaging in import transactions involving goods produced by an independent Cuban entrepreneur pursuant to § 515.582 must obtain documentary evidence that demonstrates the entrepreneur’s independent status, such as a copy of a license to be self-employed issued by the Cuban government or, in the case of an entity, evidence that demonstrates that the entrepreneur is a private entity that is not owned or controlled by the Cuban government.

This list does not supersede or excuse compliance with any additional requirements in U.S. law or regulation, including the relevant duties as set forth on the HTS.

For travelers importing authorized goods into the United States pursuant to § 515.582 as accompanied baggage, the $400 monetary limit set forth in § 515.560(c)(3) does not apply to such goods, but goods may be subject to applicable duties, fees, and taxes.

Services

The authorized services pursuant to 31 CFR 515.582 are services supplied by an independent Cuban entrepreneur in Cuba, as demonstrated by documentary evidence. Persons subject to U.S. jurisdiction engaging in import transactions involving services supplied by an independent Cuban entrepreneur pursuant to § 515.582 are required to obtain documentary evidence that demonstrates the entrepreneur’s independent status, such as a copy of a license to be self-employed issued by the Cuban government or, in the case of an entity, evidence that demonstrates that the entrepreneur is a private entity that is not owned or controlled by the Cuban government. Supply of services must comply with other applicable state and federal laws.

Note 1: All payments in settlement of transactions authorized by § 515.582 should reference this section in order to avoid having them rejected.

Note 2: The authorization in §515.582 of the CACR does not supersede or excuse compliance with U.S. laws or regulations or any other additional requirements.

According to U.S. Customs and Border Protection (CBP):

Imports by authorized travelers of goods produced by independent Cuban entrepreneurs are subject to the following:

31 C.F.R. § 515.582 authorizes importations of goods produced by independent Cuban entrepreneurs, as set forth on the State Department’s Section 515.582 List without a limitation on the value of the goods.  However, these goods are still subject to the applicable provisions of the 2015 Harmonized Tariff Schedule of the U.S. (HTSUS).  Imports by private individuals authorized under § 515.582 of the CACR are allowed an $800 exemption from customs duties in accordance with the HTSUS, if the goods are for personal use.  The first $1,000 above that $800 will be assessed duty at rate of 4%, pursuant to the HTSUS.  The $800 exemption and the application of the 4% duty rate for the first $1,000 above the $800 exemption will be multiplied by the number of qualified family members traveling.  So, for example, a qualified family of three would be eligible for a $2,400 exemption from duty, and the $3,000 above that would receive a 4% duty rate.  Please be aware that CBP may deem goods accompanying passengers in excess of these values as a commercial shipment and treat them according to the commercial procedures in the above paragraph.