Terms and Conditions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms and Conditions:

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Our Service enables you to prepare and complete ASG Treasury Customs Form 205/A (Revised 04/24/1991) and Form 205 (Revised 01/20/1996) for Customs Declarations of Entry for inbound cargo shipments, mail and parcel post, and merchandise contained in passenger baggage entering American Samoa. This includes all modes of entry, such as aircraft, ocean vessels, the United States Postal Service, and both accompanied and unaccompanied personal baggage.

The Service supports the preparation and completion of Customs Declarations of Entry for cargo, mail, and merchandise, including cases that involve permitted excise tax exemptions as explicitly defined under the American Samoa Annotated Code — such as for Cannery use, authorized ship spares in transit, U.S. Federal Government imports, and specially equipped motor vehicles for the personal use of a severely disabled individual.

The Service does not support declarations involving credit memos or special excise tax exemptions beyond those listed above. In such cases, users are responsible for manually handling any required documentation, calculations, or regulatory approvals outside of the Service.

You are solely responsible for ensuring the accuracy, completeness, and legal compliance of all information and documentation submitted through the Service.

By using the Service, you grant us a non-exclusive right to process and store the information you provide for the purpose of assisting you in properly completing your Customs Declaration forms. You retain all rights to your submitted information and documents. However, you acknowledge and agree that we may make this information available to the American Samoa Government Treasury and Customs Division, only as required to support the customs declaration process or when legally obligated to do so. This Service does not transmit or submit forms to the American Samoa Government on your behalf. Submission of completed forms remains your sole responsibility.

You represent and warrant that:

(i)You have the legal right to process the information and supporting documents related to the Customs Declaration of Entry;

(ii)The preparation and completion of Forms 205/A and 205, as well as the merchandise described in the inbound shipment, do not violate any applicable laws or regulations;

(iii)You are authorized to import the declared goods and have lawful possession or control of the shipment, and the importation does not violate any trade restrictions, ownership rights, or customs-related regulations.

You are responsible for all information submitted as an anonymous guest user or through your account. You agree not to submit any declarations or data that are false, misleading, unlawful, or intended to circumvent customs regulations.

Examples of prohibited or restricted content include, but are not limited to:

• Falsified or fraudulent shipment details, values, or documents.
• Misrepresentation of goods classification, origin, or destination.
• Submissions that attempt to evade duties, taxes, or other applicable fees.
• Inclusion of information that is unlawful, defamatory, discriminatory, or otherwise inappropriate for a government-facing customs process.
• Uploading files that contain viruses, malicious code, or software intended to disrupt government systems or our Service.
• Using another entity’s trade, trademark, or proprietary information without authorization.
• Submitting documents on behalf of another individual or organization without proper authorization.
• Providing data that violates confidentiality or privacy rights of other parties.

We reserve the right, but not the obligation, to review, flag, or remove any declarations or data that we determine, in our sole discretion, to be in violation of these Terms, applicable laws, or regulatory requirements. We may also suspend or terminate your access to the Service if misuse is detected.

While we perform routine backups of submitted Customs Declarations and related shipment data, we do not guarantee that your data will be preserved without loss, corruption, or delay.

Data integrity issues may arise due to, but not limited to:

• Incomplete or corrupted declaration data submitted prior to backup
• Modifications made during backup processes
• Technical faults outside of our control (e.g., connectivity issues, storage errors)

We will make reasonable efforts to support and troubleshoot known or reported issues related to backup or data restoration. However, you acknowledge and agree that the Company assumes no liability for the accuracy, completeness, or recoverability of any data or declarations stored in the system, or for any failure to restore data to a usable or compliant state.

You are solely responsible for maintaining independent, accurate records of all submitted customs documentation, including any supporting materials, outside of the Service.

The customs duties, excise taxes, and fees applied to imported goods in American Samoa are determined by two primary factors:

1. The classification of the goods, and
2. The intended use and importer type.

These variables affect how goods are taxed, what rates apply, whether any exemptions exist, and which fees are assessed by the American Samoa Government Treasury and Customs Division.

Users of this Service are responsible for accurately classifying goods and selecting the correct importer category to ensure correct tax and fee assessment.

Customs charges, including excise tax and Treasury fees, are not fixed. They vary based on:

• What the item is (e.g., electronics, alcohol, vehicles, etc.)
• Who is importing it (e.g., a private individual, business, government agency)
• Why it’s being imported (e.g., personal use, commercial resale, government operations)

Failure to properly declare the nature and use of goods may result in reclassification, additional taxes, penalties, or delays in clearance.

All imported goods must be assigned a tariff code that reflects their correct classification according to American Samoa's annotated code. Common categories include:

• General Merchandise
• Alcohol
• Substandard Items
• Motor Vehicles
• Petroleum Products
• Soft Drinks, Juice
• Tobacco Products
• Second-Hand Items
• Firearms and Ammunition

Each item’s classification, and subclassification, will determine the applicable excise amount and tax formula.

Charges and exemptions may also depend on who is importing the goods and for what purpose. The same item may be taxed differently depending on the importer type.

The following importer categories are recognized for customs processing:

• Personal Use – Goods for private, non-commercial use. General items are normally text exempt. Standard tax apply for other classifications.
• Commercial Use – Goods intended for sale, resale, or business operations. Full rates apply unless exempted.
• American Samoa Government – Imports by ASG departments, full rates apply unless exempted.
• Cannery & Ships Gear in Transit – Equipment and supplies for cannery operations are usually tax exempt. Requirements apply.
• U.S. Federal Government – Federal agency imports are exempt from excise tax under applicable law.

Selecting the wrong importer category may result in incorrect tax calculation, delayed clearance, penalty/fine, confiscation of merchandise, or revocation of any tax exemption on file.

Based on classification and importer type, taxes and fees may be calculated using:

• Ad Valorem (Percentage-Based) – A percentage of the item’s FOB (Free On Board) value.
• Per Unit – A fixed amount per item, liter, ounces, pounds, gallons, etc.
• Hybrid Models – A combination of both (common for regulated goods).

Customs Treasury fees may also be applied based on inspection requirements, after hours or holiday operations, or storage.

The Treasury Department may issue tax exemptions or preferential rates for certain importers or items. Exemptions may be:

• Time-Limited – Valid for a set period (e.g., calendar year)
• Indefinite – Ongoing until revoked
• Conditional – Based on project (e.g., hotel construction) or item (e.g., solar panels for solar farm)

Proper documentation must be provided at the time of declaration. Misuse of exemptions may result in audits, penalties, confiscation or delayed release of goods by ASG Customs.

The information provided in this section is for general reference only and may not reflect the most current official rates, classifications, exemptions, or fees. Any excise tax calculations, merchandise classifications, or customs charges displayed or calculated by this Service are estimates only. In all cases, the official rates, classifications, and fee determinations issued by the American Samoa Government (ASG) Treasury and Customs Division shall apply and prevail, regardless of what is shown on this platform. Users (Importers) are responsible for verifying all rates and classifications with the appropriate authorities before submitting a declaration.

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at dmca@customs.as and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• Identification A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at dmca@customs.as. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states or countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states or countries, each party's liability will be limited to the greatest extent permitted by law.

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

If you have any questions about these Terms and Conditions, You can contact us:

By email: contact@customs.as

By visiting this page on our website: https://customs.as/contact_us