Executive Summary: Buying a sailboat in the Caribbean or Mediterranean often looks like a bargain—until you try to bring it home. While most buyers obsess over the 1.5% import duty, the real legal risks lie in EPA engine compliance and Jones Act trade restrictions. Failing these checks can turn an asset into a liability you cannot legally sell or charter.
I am a fisherman and a ship enthusiast, so I understand the temptation. You scroll through listings and see a 2018 Beneteau in Martinique or Croatia listed for 25% less than the same boat in Florida. You think, “I’ll just sail it back and pay the taxes.”
In my legal practice, I have seen this dream turn into a customs nightmare. Importing a vessel is not just about paying a toll; it is about proving compliance with federal safety and environmental laws that are strictly enforced.
Here is the legal reality of importing a sailboat to the U.S. in 2025.
1. The Easy Part: Customs Duty (1.5%)
Let’s get the math out of the way. For most sailboats, the import duty is surprisingly low. Under the Harmonized Tariff Schedule (HTS code 8903.23.00 for sailboats over 24 feet), the duty rate is generally 1.5% of the purchase price.
If you buy a $100,000 boat, you owe Uncle Sam $1,500. This is rarely the dealbreaker. The dealbreaker is usually the engine.
2. The “Engine Killer”: EPA Form 3520-21
This is where 80% of DIY importers fail. The U.S. Environmental Protection Agency (EPA) requires all marine engines imported into the U.S. to meet current emission standards.
The “Identical Configuration” Rule: Just because a boat has a Yanmar or Volvo Penta engine does not mean it is U.S. compliant. European engines often lack the specific U.S. EPA certification sticker.
If your engine lacks the EPA compliance label, you generally cannot import it unless:
- The engine is 21 years or older (original configuration).
- You obtain a formal letter from the manufacturer proving the engine is “identical” to a U.S. certified model.
The Legal Risk: If Customs (CBP) inspects your engine and finds no sticker, they can seize the vessel or force you to export it immediately. You cannot simply “tune” the engine to pass; it is a documentation issue, not a mechanical one.
3. The Commercial Trap: The Jones Act
Many of my clients plan to buy a foreign boat and “pay for it” by chartering it out in Florida or New England. Stop right there.
The Jones Act (Merchant Marine Act of 1920) restricts “Coastwise Trade” to vessels that are:
- Built in the USA.
- Owned by US Citizens.
- Crewed by US Citizens.
A French-built Beneteau or South African-built Leopard catamaran cannot legally transport passengers for hire between U.S. ports. It does not matter if you pay the import duty; the hull itself is ineligible for a Coastwise Endorsement.
The Exception: The MARAD Waiver
There is one loophole. You can apply for a “Small Vessel Waiver” from the Maritime Administration (MARAD). If granted, this allows a foreign-built vessel to operate commercially, but with strict limits:
- Max 12 Passengers: You generally cannot run a large party boat; this is for “6-pack” or small charter operations only.
- 3-Year Rule: The vessel must be at least 3 years old.
Without this waiver, your foreign import is legally strictly a “Recreational” vessel. If you get caught chartering it, the fines are massive.
4. The Trailer “Gotcha” (DOT Form HS-7)
If your sailboat is small enough to be trailered, do not forget the trailer itself. A trailer is considered a “motor vehicle” by the Department of Transportation.
Many European trailers do not meet U.S. DOT safety standards (lighting, tires, brakes). I have seen clients successfully import a boat, only to have the trailer impounded at the border because it lacked a DOT compliance plate.
Summary: The True Cost of Importing
| Item | The Cost/Risk | John’s Verdict |
|---|---|---|
| Import Duty | 1.5% of Value | Manageable. |
| EPA Compliance | Seizure of Vessel | High Risk. Check engine stickers before buying. |
| Commercial Use | Jones Act Ban | Critical. Do not expect to charter without a MARAD waiver. |
| Broker Fees | $300 – $600 | Mandatory. Do not file CBP Form 7501 yourself. |
John’s Advice: Hire a Customs Broker
The paperwork for importing a vessel involves CBP Form 7501 (Entry Summary), EPA Form 3520-21 (Engines), and potentially DOT Form HS-7 (Trailers).
Professional Tip: Do not try to save $400 by doing this yourself. A licensed Customs Broker will file the surety bond and ensure your entry summary is correct. One mistake on your entry form can flag you for audits for years to come.
If you are looking at a foreign boat, email me a photo of the engine plate first. It might save you $100,000.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Import laws and duty rates are subject to change. Always consult with a maritime attorney or licensed customs broker before purchasing a foreign vessel.