Ruby Princess - Galveston Questions

[RedIguana]

1 hour ago, caribill said:

As I understand it, when you itemize purchases for US customs, no matter where you enter the country the amount of allowed alcohol of the state you live in applies (as well as Federal limits).

Quick trip down the rabbit hole exposes the difference between basic import/export laws and alcohol. AKA the 21st amendment, which granted states the right to regulate alcohol.

 

 The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

 

Apparently many states have import laws, with varying exemptions for personal use, which obviously would be binding for residents or use in those states. Texas has done away from any personal use exemption it seems. Still have not found anything relating to transiting alcohol through a state. I suspect it could be an interesting class action lawsuit for non-residents transiting the state who have been charged this.

 

[roadster08]

With all due respect, after we pass a new law in Austin,  it is not part of the protocol for someone to stand up and say "Whoa, should we exempt cruise passengers that live in other countries from this? "

[caribill]

1 hour ago, RedIguana said:

This part is not relevant. Declaration form is for personal use.  

 

Declaration separates personal from commercial purposes. Personal includes using it yourself or giving it to others.

[RedIguana]

4 minutes ago, roadster08 said:

With all due respect, after we pass a new law in Austin,  it is not part of the protocol for someone to stand up and say "Whoa, should we exempt cruise passengers that live in other countries from this? "

It's not a matter of exempt cruise passengers that live in other countries form this. It is a matter of whether it violates US citizens rights of free passage between states. Granted, we are taking about alcohol, which has some pretty wild history in the US (and other countries). And anything having to do with alcohol, tobacco, or firearms can run into sticky issues state to state or between states. And the obvious differences between Personal Vs Business use.

[caribill]

1 minute ago, RedIguana said:

It's not a matter of exempt cruise passengers that live in other countries form this. It is a matter of whether it violates US citizens rights of free passage between states. Granted, we are taking about alcohol, which has some pretty wild history in the US (and other countries). And anything having to do with alcohol, tobacco, or firearms can run into sticky issues state to state or between states. And the obvious differences between Personal Vs Business use.

People have free passage between states. Possessions do not.

 

For example, if marijuana is legal in state X and not in Texas, then possession of it in Texas is illegal even if you are just transiting the state.

 

Another example, if having a gun without a license is legal in Texas, that does not mean you can bring it to New York City where it would be illegal.

[RedIguana]

As you may know, the Texas Alcoholic Beverage Commission began collection of an importation tax on all liquor and tobacco at the port of Galveston on January 1, 2014. The tax applied to all Texas residents and non-Texas residents staying in the state for any length of time (seasonal resident). 

The Texas Alcoholic Beverage Commission has informed us that previously exempt passengers, those disembarking from cruise ships entering Texas will no longer be considered “in transit” to another state or country but rather will be considered “importing” or bringing alcohol and cigarettes into the state. This means the importation tax imposed in January will apply to anyone that enters the state of Texas via the cruise terminal regardless of their residency or the amount of time spent within the state effective April 1, 2014.

The tax is applicable to all liquor and tobacco that enters the state of Texas via the cruise terminal. Therefore, all purchases made onboard and on the islands, will be taxed upon debarkation in the cruise terminal. These duties will be in addition to whatever taxes may be imposed by US Customs. 

Please complete the TABC (Texas Alcoholic Beverage Commission) Declaration Form, on the reverse of this letter and have it with you at debarkation.

 

It's the "in transit" part that is the question.

[caribill]

And as far as what the Feds can limit:

 

Also, state laws might limit the amount of alcohol you can bring in without a license. If you arrive in a state that has limitations on the amount of alcohol you may bring in without a license, that state's law will be enforced by CBP, even though it may be more restrictive than federal regulations. We recommend that you check with the state government about their limitations on quantities allowed for personal importation and additional state taxes that may apply. Ideally, this information should be obtained before traveling.

 

https://www.cbp.gov/travel/international-visitors/kbyg/customs-duty-info

[RedIguana]

2 minutes ago, caribill said:

People have free passage between states. Possessions do not.

 

For example, if marijuana is legal in state X and not in Texas, then possession of it in Texas is illegal even if you are just transiting the state.

 

Another example, if having a gun without a license is legal in Texas, that does not mean you can bring it to New York City where it would be illegal.

Yes. !00% agree with you on marijuana. It is federally not legal, no constitutional protections, and therefor easily controlled by the states.

 

Gun laws are just a mess, they are usually overturned when they get to restrictive.

 

But both of these are not valid comparisons. They would be if alcohol was prohibited in Texas, no questions then. It is the Taxation question. No problem with a state law taxing state residents, or taxing commerce or use in that state.  It is taxing items "in transit".

[RedIguana]

7 minutes ago, caribill said:

Also, state laws might limit the amount of alcohol you can bring in without a license. If you arrive in a state that has limitations on the amount of alcohol you may bring in without a license, that state's law will be enforced by CBP, even though it may be more restrictive than federal regulations

The CBP will enforce the states LIMIT without a license. They do not enforce the states taxes to the best of my knowledge. They could ban all alcohol and it would not even be question, as the state has that right. It is a question of whether they have the right to tax in transit residents of other states.

 

Edited March 9, 2023 by RedIguana

[caribill]

8 minutes ago, RedIguana said:

The CBP will enforce the states LIMIT without a license. They do not enforce the states taxes to the best of my knowledge. They could ban all alcohol and it would not even be question, as the state has that right. It is a question of whether they have the right to tax in transit residents of other states.

 

Correct.

[Times Prince]

8 hours ago, caribill said:

And as far as what the Feds can limit:

 

Also, state laws might limit the amount of alcohol you can bring in without a license. If you arrive in a state that has limitations on the amount of alcohol you may bring in without a license, that state's law will be enforced by CBP, even though it may be more restrictive than federal regulations. We recommend that you check with the state government about their limitations on quantities allowed for personal importation and additional state taxes that may apply. Ideally, this information should be obtained before traveling.

 

https://www.cbp.gov/travel/international-visitors/kbyg/customs-duty-info

The referenced url states "one liter will be duty-free under your returning resident personal allowance/exemption." 

The last time I disembarked at Galveston, CBP inspection stations were followed by a desk asking you to report ANY alcohol for Texas taxation with a sign citing a stiff $$$ penalty for not reporting.  Carnival Cruises makes the requirement clear: "The tax is applicable to all liquor and tobacco that enters the state of Texas via the cruise terminal. Therefore, all purchases made onboard and on the islands, will be taxed upon debarkation in the cruise terminal. These duties will be in addition to whatever taxes may be imposed by US Customs." Texas Tax Declaration: The Texas Alcoholic Beverage Commission (TABC) | Carnival Cruise Line

 

If the bottle was gifted to me by someone, I didn't "purchase" it, but it does enter via the cruise terminal.  Is that a loophole?  Not that I care , but just curious.

[caribill]

3 hours ago, Times Prince said:

The referenced url states "one liter will be duty-free under your returning resident personal allowance/exemption." 

 

 

That refers to US duty. States can add their own regulations.

 

 

3 hours ago, Times Prince said:

 

The last time I disembarked at Galveston, CBP inspection stations were followed by a desk asking you to report ANY alcohol for Texas taxation with a sign citing a stiff $$$ penalty for not reporting.  Carnival Cruises makes the requirement clear: "The tax is applicable to all liquor and tobacco that enters the state of Texas via the cruise terminal. Therefore, all purchases made onboard and on the islands, will be taxed upon debarkation in the cruise terminal.

 

If the bottle was gifted to me by someone, I didn't "purchase" it, but it does enter via the cruise terminal.  Is that a loophole?  Not that I care , but just curious.

 

Not a loophole. Carnival just did not make a full explanation of what "all liquor and tobacco that enters Texas via the cruise terminal" means.

 

[FrankieJayIII]

when would it start if you were cruising the ruby out of San Francisco?