I was reading the thread because I had charges incurred by UPS and DHL before for processing the items sent through customs.
If I could, I would altogether always avoid at least those two companies which I thing are using an extortion tactic to make extra money over their millions flowing already.
So here it is.
Understand, laws apply to them and to us.
CBSA : Canada Border Services Agency ... it is the governmental agency mandated to charge and perceive the legal import duty fees. They do so by using a harmonized system where you have codes by category of item and by COUNTRY OF MANUFACTURE.
The country where the shipment is originating is actually not so important...
The North American Free Trade Agreement (NAFTA) sets the rules for international trade and investment between Canada, the United States, and Mexico. Each NAFTA country forgoes tariffs on imported goods “originating” in the other NAFTA countries. Rules of origin enable customs officials to decide which goods qualify for this preferential tariff treatment under NAFTA.
Fight for your rights so these companies change their behaviour.
Legally, only you are allowed and have to pay the import duties and applicable sales taxes appropriate to your region, NOT THE SHIPPING COMPANY
In the consumers protection act in Canada:
54.4 Before a distance contract is entered into, the merchant must disclose the following information to the consumer...
(d) a detailed description of goods or services that are to be the object of the contract, including characteristics and technical specifications;
(e) an itemized list of the prices of the goods or services that are to be the object of the contract, including associated costs charged to the consumer and any additional charges payable under an Act;
(f) a description of any possible additional charges payable to a third party, such as customs duties and brokerage fees, whose amounts cannot reasonably be determined;
..
The merchant must present the information prominently and in a comprehensible manner and bring it expressly to the consumer’s attention; in the case of a written offer, the merchant must present the information in a manner that ensures that the consumer is able to easily retain it and print it.
58. The contract must be evidenced in writing and indicate:
...
(f) the amounts of all duties chargeable under any federal or provincial Act;
158. The contract of sale must be evidenced in writing and indicate:
...
(e) the duties chargeable, under a federal or provincial Act;
...
194. If the consumer cancels the contract before the merchant has begun the performance of his principal obligation, the cancellation is effected without cost or penalty to the consumer.
195. If the consumer cancels the contract after the merchant has begun the performance of his principal obligation, the only sums that the merchant may exact from him are:
(a) the price of the services rendered, computed on the basis of the hourly, daily or weekly rates stipulated in the contract, and
...
However, have you been informed clearly and in a contract, in writing, of the service you are paying for before the service was rendered ? Since they want to charge you ?
The short answer is NO. They perform the service as "good will" to speed up the shipping and ask you to pay for it afterwards (and with hold your item on the basis to protect the law)... BS. Total bull**bleep**... Legally I don't think they can withhold your item!!! You already own it, your duty is now to pay the duties as a good citizen... so the government, in good faith, should let this duty to the citizen and forbid these companies of running this scam.
Hence, legally, you can and should refuse to pay and say you will do the duty work on your own. They legally have to provide you all the information and documents to do it and have to keep your item for as long as they do normally if you do not pick it up and written in they're service contract.
The only person who could be held accountable to pay such fees would actually be the SELLER who has signed a contract for using their shipping services in which they could have written that there will be duty handling fees and duty fees to be paid.
You, as the receiver, didn't even have any relation with the shipping company prior to receiving your package and hence cannot be legally charged any fee after rendition of the service, that's why the seller pays the shipping in legal terms (signs the contract)... unless you agree to pay afterwards as an act of good faith/will / gratitude... but I'd refuse to overpay and get ripped off.
Come on, 10-20$ handling fee? Do you really think the shipping company has a guy standing in line to pass at the Bureau with your shipment ? They probably handle this remotely and in batches... A more realistic fee would be for 10 minutes of time and perhaps a few electrons ... max 2$ ...
So, be sure to have the Countries of manufacture of your shipment, and paid bill displaying the company name / address and the paid amounts (the shipping company has to hand them to you, so ask). If the origin is Mexico or USA, no duties. If the item is under 20$ (as by law, for mail), no duties...
Bring the paperwork to the CBSA office, in Montreal, not so far from the airport, near pointe claire... last time I went. Be nice. If you can't figure out the country of origin with the officer, say it's from USA or Mexico.
