"You might try costing this out a bit. I'd say the expense of checking items would exceed the putative benefit of not paying the occasional small amount of notional duty included in the import charges."
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I'd suggest that this amounts to far more than an "occasional" benefit. We can't even guess the number of items that are shipped via the GSP into Canada but it must be considerable. Of all these items duty would apply only to those items that clearly show evidence that they are NOT a product of the USA. According to information provided there is no rule that states an item must be labelled "Made in the USA" to be an non-dutiable item. As to being a presumed benefit, again I would suggest that this adds more to the financial bottom line than anything gained by unpack & repacking to save on shipping cost, as is often the accepted explanation for the extra handling and resulting damages.
Why eBay fails to enforce its "Place of Manufacturing" requirement is indeed a mystery. As speculative as it is, until someone can offer a better explanation this one satisfies my interest.
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"It should also be noted that the 'Casual Goods' regulation that you cite applies to a specific circumstance, the personal importation by a cross border traveller, and has no relevance or application to commercial freight imports. No such assumption of origin applies to these imports."
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"INTERPRETATION
2 In these Regulations, “casual goods” means goods other than goods imported for sale or for an industrial, occupational, commercial or institutional or other like use."
Notice that this is pretty well what the GSP states in Rules & Conditions, Item 2[d] Non Commercial Use, states in part " and not for commercial resale purposes." The imported items are "Casual Goods" and the method of delivery is commercial but would that change what the classification of the item, don't believe so.
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"As noted above, the casual refund program specifically excludes commercial imports. GSP items are imported as Commercial Imports. No receipt for tax is issued to the buyer because they are not the importer. PB is the importer of record (see the full terms and conditions)."
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If federal law stipulates that interest rates cannot be charged higher than a specified rate and a financial institution does if fact charge more than that specified rate would they not be in violation of the law, even if it was by mutual consent. PB may be the importer of records and a commercial delivery enterprise but would that exclude it from following NAFTA, which happens to be law between the USA & Canada.
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"There is a receipt issued to the buyer for the cost of the service PB is supplying, and this is in the form of the Paypal receipt for the GSP part of the payment for the item, which is charged and receipted as a separate item from the seller's price and domestic shipping.
All arguments based on anything else but the normal practice for processing commercial freight imports fail for reasons of inapplicability if they are based on the rules and practices of taxing postal and personally carried imports."
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Again, the delivery vehicle should make no difference. Shipping by commercial delivery should not change the items classification from "casual goods" to "commercial goods" The buyer must pay the duty [included with the import charge] before the transaction is even processed by ebay. Yes, there are receipts but not for the duty paid by buyer. But how can they issue a receipt to the buyer for duty paid when in fact the item may not be dutiable in the first place. No duty is payable on items [some exceptions] unless there is clear evidence that the item is NOT a product of the USA, if that item happens to be "casual" or "commercial" goods appears immaterial. So what happens to all the monies collected from buyer's on the pretext of paying duty when in fact there may not be duty payable?
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