Generally no. CBP distinguishes between goods that have been genuinely used in commerce and those that are merely tested or handled. Goods that retain their original commercial utility and have not been placed into actual service are typically classified as new. Misrepresenting new goods as used to obtain a lower duty rate constitutes customs fraud.

Antidumping and countervailing duty orders can, in some cases, extend to used or refurbished versions of covered merchandise if the scope language of the order includes them. Importers should review the specific scope of any applicable order and, if uncertain, request a scope ruling from the Department of Commerce before importing.