eBay

lady.stark · ‎07-31-2017

Have you ever heard of this? Here's the situation:

I bought wardrobe items used in a TV show from a very reputable seller that I deal with at least a few times per year. We never had any issues regarding custom documentation. He only uses UPS Expedited (yeah I know, but I'm fine with it).

Expedited does not charge additional duty fees besides taxes and an administration fee of $10 + tax. But this time, they charged me over $40 in "duty". When I called, they said it was because the shipper never incuded a Certificate of Origin. But he NEVER EVER did that in the past 5 years I have dealt with him! And everything always went well. Did something change?

I also took the time to look at said Certificate of Origin. It is asking for tax number, etc. I don't have a tax number. I'm just a girl who's buying stuff on eBay. This is not for resale. It is for my personal collection only. I have no clue what's going on... any ideas?

maggiebvintage2010 · ‎07-31-2017

A Certificate of Origin, or Form A, is a document completed by the exporter and certified by a recognized issuing body, often a Chamber of Commerce. Usually Certificates of Origin are issued by the manufacturer. Because your goods are used, the reseller cannot properly certify where they were made. If the seller provided a commercial invoice that properly describes the items, and indicates their country of origin, that is all that is needed. Rules states that if country of origin is marked (eg on a label) that is accepted. If goods are completely unmarked as to country of origin, it is assumed they came from the exporting country.

You said you looked at the Certificate of Origin - who completed this, and what does it say? Under what HS code was duty assessed? Was the paperwork the same as it has been in the past from this seller? I think you should call UPS back, because perhaps you spoke with an employee who used the wrong terminology. Sounds to me as though someone was a little too avid when completing the customs forms. A follow-up with the seller would probably be useful as well.

marnotom! · ‎07-31-2017

I'm confused. You said the seller didn't include a Certificate of Origin, and then you go on to say that you looked at one. Did UPS complete one on the seller's behalf or provide one for you to fill out?

femmefan1946 · ‎07-31-2017

As sellers we are becoming familiar with HS codes which are a new international system meant to speed customs assessment.

https://www.canadapost.ca/cpotools/apps/wtz/business/findHsCode?execution=e1s1

However.

It is my understanding that Canada does not charge duty on used items.

Sales tax , yes. Shipper's service fees, yes.

Duty? Not applicable.

No matter what the origin.

You will probably have to do this yourself, but....

Look for the invoice you got from UPS. On the back there should be the contact information for CBSA.

Call them and ask how to get the $40 duty charged in error , refunded.

You may have to go to the CBSA offices.

I don't know your location, but they are often somewhere out by the airport.

lady.stark · ‎07-31-2017

I'm sorry, maybe I did not explain myself clearly. The seller did not include a Certificate of origin. Only the regular invoice they always add (outside the package to be easily accessible by UPS).

When I looked at a certificate of origin, it was a blank example UPS have on their website. You can search for "UPS certificate of origin" and it will give you one that you can see and complete online.

The invoice given by UPS for their fees have not any contact information on the back. I'll probably have to print one directly from CBSA's website. And yes, they are used goods.

marnotom! · ‎07-31-2017

lady.stark wrote:

I'm sorry, maybe I did not explain myself clearly. The seller did not include a Certificate of origin. Only the regular invoice they always add (outside the package to be easily accessible by UPS).

When I looked at a certificate of origin, it was a blank example UPS have on their website. You can search for "UPS certificate of origin" and it will give you one that you can see and complete online.

The invoice given by UPS for their fees have not any contact information on the back. I'll probably have to print one directly from CBSA's website. And yes, they are used goods.

Oh, duh. I should have been able to figure that out from what you posted. It was reasonably clear, at least in hindsight. 😄

From the looks of things, if the item's country of origin is the United States you might need a NAFTA certificate of origin.

https://www.ups.com/us/en/shipping/international/nafta-us-certificate-origin.page

However, by the looks of things the value of your shipment was less than C$2500 so it wouldn't need one. I agree with Maggie: You likely had a real eager beaver (or whatever the US equivalent is) processing your shipment. Or else the value of your shipment was keyed in incorrectly.

reallynicestamps · ‎08-01-2017

Does the fact that these are USED items (costumes worn in TV productions) make any difference?

There is, to the best of my knowledge, no duty on used items.

marnotom! · ‎08-01-2017

@reallynicestamps wrote:

Does the fact that these are USED items (costumes worn in TV productions) make any difference?
There is, to the best of my knowledge, no duty on used items.

The fact that the items originate in the United States should make them duty-free, new or used, no? 😄

reallynicestamps · ‎08-01-2017

Of course, but lacking that, the mere fact that they are used, means no duty.

The UPS dogsbody was having an off day.

lady.stark · ‎08-01-2017

Yes, it was way below that cost. Maybe the person who processed the package saw $2,500 without one zero. I already asked the seller if they could provide a certificate, just in case I need one with CBSA. UPS told me they can correct the invoice if it was incorrect, but they insist on a Certificate of origin and they will charge $15 just to make the correction. Even if it is not my fault. They're really money grabers these folks.

maggiebvintage2010 · ‎08-01-2017

femmefan:

There are 2 particulars for used items - certain items over 50 years old, and antiques over 100 years old. Everything else is dutiable according to its classification - with the caveat that there are various methods, eg transaction value method, residual valuation method, application of depreciation, and alternate valuation methods that apply in certain cases. Mostly not applicable to us, and if applicable, seller and buyer usually use a real customs broker.

lady.stark:

To obtain duty-free status under the NAFTA Rules of Origin, a commercial NAFTA import worth more than C$2,500 must be accompanied by a NAFTA Certificate of Origin; a commercial import worth less than C$2,500 only requires a statement of origin from the exporter that the product originates in a NAFTA state.

For most mail-order shipments, the only paperwork needed is a standard business invoice. Companies should indicate the amount the customer paid for the goods, in either U.S. or Canadian dollars.

Again, did the seller include an invoice that stated the transaction value of the goods, and state they were made in USA? That is all that is required, and if it was supplied, then UPS made a mistake and they should correct it for free. Did the seller state anywhere that the goods were made in some other country not covered by NAFTA? You should really let the seller know of the problem you had with this shipment. A true Certificate of Origin must be certified by a Chamber of Commerce in the seller's location. You cannot fill out a true CofO on line. If that is what UPS is doing to clear their shipments, then it is not correct.

lady.stark · ‎08-01-2017

@maggiebvintage2010 wrote:
Again, did the seller include an invoice that stated the transaction value of the goods, and state they were made in USA? That is all that is required, and if it was supplied, then UPS made a mistake and they should correct it for free. Did the seller state anywhere that the goods were made in some other country not covered by NAFTA? You should really let the seller know of the problem you had with this shipment. A true Certificate of Origin must be certified by a Chamber of Commerce in the seller's location. You cannot fill out a true CofO on line. If that is what UPS is doing to clear their shipments, then it is not correct.

Thanks for all these clarifications. Yes, the seller included an invoice with the item. It was outside the package in a plastic pouch easily accessible. Everything was included: my address, the seller's address, the purchase price, even the shipping cost is there. The US value converted in CAD funds was less than $300. I'm not sure if it mentions "made in USA" though. I'll check it out after lunch.

I did contact the seller. They're supposed to call UPS themselves to see what's going on. We never had this kind of problem in the past (and I bought regularly from them in the past 5 years - plus UPS Expedited was always used). This is really the first time I have to deal with this... I thought maybe custom rules have changed recently?

lady.stark · ‎08-01-2017

I just verified the invoice (couldn't wait after lunch), and under C/O (which I suppose means Country of Origin), "US" is clearly written.

marnotom! · ‎08-01-2017

@lady.stark wrote:

I just verified the invoice (couldn't wait after lunch), and under C/O (which I suppose means Country of Origin), "US" is clearly written.

I would ask UPS why they require a Certificate of Origin for a C$300 shipment that qualifies under NAFTA.

Is this the work of the orangutan in the White House, maybe?

maggiebvintage2010 · ‎08-01-2017

For easy identification in future invoices, you could request that the seller write out Country of Origin and also state USA instead of US, just to help out those employees involved in the clearance of goods who perhaps cannot decipher "C/O" or "US". Some people require every "t" crossed and "i" dotted, or they get sulky and want to take their marbles and go home. Customs people, on both the private and government ends, tend to be unimaginative types.

Instead of bothering with UPS, why not appeal to CBS for a refund - you seem to have all the correct paperwork, and it's quite easy to do. The seller really should be the one to go after UPS, because s/he decided on the shipping method and paid to get it on her/his end. Sounds as if UPS are just going to demand more money from you for corrections on this Canadian end.

lady.stark · ‎08-02-2017

Thank you everyone for all your help! Yesterday, I wrote back to UPS showing them the invoice and asking if they can correct their mistake for free. If they can't, I will certainly appeal with CBSA myself. The seller also sent me another invoice with more details. With all that papaperwork, it should be easy to get my money back - one way or another. I'll keep you informed 😉

marnotom! · ‎08-02-2017

@lady.stark wrote:

Thank you everyone for all your help! Yesterday, I wrote back to UPS showing them the invoice and asking if they can correct their mistake for free. If they can't, I will certainly appeal with CBSA myself. The seller also sent me another invoice with more details. With all that paperwork, it should be easy to get my money back - one way or another. I'll keep you informed 😉

Did UPS charge you anything in service fees beyond the usual ten buck administration fee? If you go through CBSA, you may not be able to recover that money, but then you may be looking to cut your losses at this point.

Anyway, good luck!

lady.stark · ‎08-02-2017

Fortunately, they did not charge any other service fee. They replied today and they still insist on some sort of declaration from the shipper. And they did not answer my question if they will correct for free. I just told them to forget it, I'll ask CBSA myself.

marnotom! · ‎08-03-2017

See if there's some way you can suggest to CBSA that they remind UPS that while NAFTA may be being renegotiated, it hasn't been cancelled. Good grief.