Canadian Travelling to USA

[NSXCIGAR]

Disagree. If customs discovers your "unbanded" cigars, the onus is on YOU to prove to them they are not Cuban (contraband). If you are unable to provide proof, they have every right to confiscate them. It is a game of Russian Roulette. You may win most times, but there is always a chance......

The OP is entering the US from Canada not Mexico like yourself, so the excuse the cigars are of Mexican origin simply won't fly, IMO.

After researching it, I think we were both incorrect. The agent can seize items under reasonable suspicion, a much lower threshold, but you do not need to prove they're not contraband. The burden still rests with the state. Technically, you could regain your cigars on appeal.

So, it appears that the agents do have a bit more leeway in terms of seizure. But I'm sure that the importation limits are the same for any country into the US.

[shortsqueeze]

Because a point of entry's Duty Officer always has the final say and discretion, you'll see varying responses, but don't think unbanding cigars guarantees them safe passage.

NYCgarman is essentially correct for practicality-sake. Yes there is the nuance of recovering on appeal, but realistically speaking the burden of proof at the point of entry is on the party introducing the suspected contraband, the point of view is presumption of guilt.

[forgop]

I'm sorry, but this is just completely erroneous.

Customs agents follow procedures and the law. There is an established limit on the importation of any good declared for personal use. In the case of Mexico to US, it's 100 cigars per person. It's not up the customs agent--that's law. With no bands, there is absolutely no way customs has probable cause to believe they're contraband. Many countries, including Mexico, produce cigars. In fact, statistically, it's much more likely that the cigars being brought back from Mexico are Mexican cigars.

Customs can have all the reasonable suspicion they want. The fact is they need probable cause to seize anything. Without bands, packaging or incriminating statements they simply don't have it.

This may very well be true, but remember, this is a US government run bureaucracy and they're free to make whatever assumptions they want. I've heard of multiple people attempting to take unbanded cigars across the border and have them confiscated unless you can prove their origin. Just like the ongoing mantra involving your constitutional rights involving unreasonable searches and seizures in the US, you shouldn't fear sacrificing those rights unless you have "nothing to hide", right? So, exactly what do you have to hide when removing bands?

Besides, plenty of customs agents love cuban cigars and appreciate you supporting their hobby.

[TheGipper]

Holy heck, there's a lot of bad advice and people talking out of their hat on this thread.

Entering the USA is not a right. Due process, probable cause, etc., isn't the same at a border crossing.

I guess I'll try logical fallacy #36 here, the Appeal to accomplishment. I've crossed the Canada-USA border at least 100 times. I have Canadian friends also in my line of work who have been denied entry based on utterly stupid, but technically illegal things*. It's rare. But it happens.

* - In one particular case, one of my friends was a Canadian citizen whose work requires travel to the USA often. Which requires a US work visa. Which he had. One trip he was taking purely for vacation, which he stated to the border guard. Border guard does not ask for his work visa. Asks to look in his trunk, and sees work briefcase with a personal laptop that he also does work on. They held him 5 hours and went through everything and were generally very nasty to him because theoretically he had "work related materials" and could be working while on vacation, and therefore made a wrong declaration of purpose for trip. Completely idiotic, but that's the sort of thing that can happen.