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Can Canadian Customs Do This?

 
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Pillar of the Community
Canada
636 Posts
 Posted 02/08/2010  7:24 pm Show Profile   Bookmark this topic Add Dollar1948 to your friends list Get a Link to this Message
Ya know, I'm just sick and tired of the Canadian Government just messing with us over time and time again, and this latest episode is of no exception.
I bought a 2008 and 2010 1 oz maple leaf from a ebayer in the U.S and through his infinite wisdom he wrote the exact amount I paid for the coins on the green declariation card.
Well, needless to said Customs was all over this one, intercepted it and imposed a 11.86 custom surcharge. Oh, btw, that includes their wonderful $5.00 handling fee, that I am so grateful for.
My question is, because this coin was produced in Canada and it is considered bullion, can I contest it and get my money back?
I am going to educate him on proper documentation preparations, but I don't care, its only 11 bucks but when you add that to the cost of the coins, I got rippped off.
Any advice would be appreciated.
Oh btw, they didnt even open the package to inspect.
Edited by Dollar1948
02/08/2010 7:47 pm
Valued Member
Canada
241 Posts
 Posted 02/08/2010  7:31 pm  Show Profile   Bookmark this reply Add SilverMaple to your friends list Get a Link to this Reply
darn custom.... I know that bullion made in other country have custom fees if declared correctly but for canada bullion bought in other country I dunno...
Pillar of the Community
Canada
575 Posts
 Posted 02/08/2010  8:03 pm  Show Profile   Bookmark this reply Add North of 49 to your friends list Get a Link to this Reply
On the back of the form that was attached to the package, the reverse side of the first page, you will see instructions on what to do when you want to dispute the fee you were charged by Canada Customs. You can be reimbursed. I don't know if this includes the handling fee. good luck
Pillar of the Community
Canada
636 Posts
 Posted 02/08/2010  8:13 pm  Show Profile   Bookmark this reply Add Dollar1948 to your friends list Get a Link to this Reply
Yep, I see that on the back,and I found the form on the net.

Once again because its bullion is it exeempt?Im still hunting around and cant come up with a cut and dry answer.
Pillar of the Community
United States
543 Posts
 Posted 02/08/2010  8:15 pm  Show Profile   Bookmark this reply Add jeremymh to your friends list Get a Link to this Reply
well negative feedback seems fair!
Valued Member
Canada
460 Posts
 Posted 02/08/2010  8:21 pm  Show Profile   Bookmark this reply Add gawd0wns to your friends list Get a Link to this Reply
Check out this page for more info: http://www.cbsa-asfc.gc.ca/import/p...its-eng.html

I don't fully understand what you are describing. Are you saying they charged you duty, or GST/PST/HST, or both? Canada Post charges a $5.00 "handling fee" whenever customs wants you to pay for something, since they are the ones to hold your item and collect the payment. If you appeal it and win, the customs site says they will refund the $5 handling fee as well.

Bullion is PST exempt in my province (Ontario), check with yours. I doubt this item is subject to duty, its country of origin is Canada. You should check with Canada Post to see the breakdown of what you were charged with, if it isn't stated clearly on the notice you got. I would fight it, you have nothing to lose.

If you were charged duty:

Coins meant for collections fall under numismatic interest under the customs tariff (9705.00.00), and they are duty free: http://www.cbsa-asfc.gc.ca/trade-co...ch97-eng.pdf

These bullion coins could fit into the category, though I'm guessing there might be a better category out there: http://www.cbsa-asfc.gc.ca/trade-co...mod-eng.html

Lots of forum members buy coins from the U.S., keep us posted.

Edited by gawd0wns
02/08/2010 8:23 pm
Pillar of the Community
Learn More...
United States
2261 Posts
 Posted 02/08/2010  8:26 pm  Show Profile   Check canadian_coins's eBay Listings Bookmark this reply Add canadian_coins to your friends list Get a Link to this Reply
Hi Dollar,

Mailing coins to Canada is particularly painful. As a seller, it is bad enough that I sometimes have to disqualify Canadians from purchasing their own coins. Buyers get really frustrated.

In your case, I think the seller should have known better. Gold bullion is just as bad as Perishable infectious biological substances - it is Prohibited.

http://pe.usps.com/text/Imm/ce_003.htm

Now... there are ways to avoid scrutiny. "Coins sent to or from collectors or dealers may be mailed". So declaring something like "collector numismatic item" may work better.

Declaring a value is another matter though and insurance will complicate things. - "The coin is insured for $2,000 - but is really worth $50 you know....". Yeah, right.

Depends whether the seller had to insure the coin or not.

So Canadians, I sympathize. Duty OR GST+Provincial Tax

A picture is worth a thousand words.
Bedrock of the Community
Learn More...
United States
12437 Posts
 Posted 02/08/2010  8:41 pm  Show Profile   Bookmark this reply Add biokemist6 to your friends list Get a Link to this Reply

Quote:
through his infinite wisdom he wrote the exact amount I paid for the coins on the green declaration card.

And so you wanted him to lie to Customs and commit fraud? Gotcha...


Quote:
well negative feedback seems fair!

Negative feedback for a seller following the receiving country's Customs laws? That is just ridiculous
Pillar of the Community
Learn More...
United States
2261 Posts
 Posted 02/08/2010  8:43 pm  Show Profile   Check canadian_coins's eBay Listings Bookmark this reply Add canadian_coins to your friends list Get a Link to this Reply
"Coins meant for collections fall under numismatic interest under the customs tariff (9705.00.00), and they are duty free: http://www.cbsa-asfc.gc.ca/trade-co...h97-eng.pdf"

Very interesting. I've had numerous buyers paying duty.
Next time I'll put a sticker on the box. So thanks for your link gawd0wns.

A picture is worth a thousand words.
Pillar of the Community
Canada
636 Posts
 Posted 02/08/2010  8:46 pm  Show Profile   Bookmark this reply Add Dollar1948 to your friends list Get a Link to this Reply
My apologies...its GST-$2.64, PST-$4.22 and the handling fee-$5.00.
thats being said, I'm also in Ontario so if I contest it, I'm only getting back 4 bucks?
I wrote the seller, and rigth now I dont think the seller deserves a negative, unless he writes back to me with an attitude.
If he does then the negative will gladly be left.
Pillar of the Community
United States
2150 Posts
 Posted 02/08/2010  8:54 pm  Show Profile   Bookmark this reply Add jokingjoker to your friends list Get a Link to this Reply
I figured this post would open up a can of worms, anyone have a link to the original thread about the arguments for and against lying on the custom forms. I believe it was pretty recent.
Pillar of the Community
United States
750 Posts
 Posted 02/08/2010  9:25 pm  Show Profile   Bookmark this reply Add bosox to your friends list Get a Link to this Reply
If a buyer negged me for putting the correct value on a customs form, I would very likely report them to the tax and customs folks of their country for soliciting me to lie on the form.
Valued Member
Canada
460 Posts
 Posted 02/08/2010  9:33 pm  Show Profile   Bookmark this reply Add gawd0wns to your friends list Get a Link to this Reply
Sorry, I made an error. Bullion is GST exempt, not PST exempt. "A precious metal is defined as a bar, ingot, coin or wafer of gold or silver, refined to a minimum purity of 99.50% in the case of gold, and 99.9% in the case of silver."

http://www.scotiamocatta.com/produc...o_sales_tax?

As for bullion coins, I think they are better described under this section of the customs tariff:
http://www.cbsa-asfc.gc.ca/trade-co...ch71-eng.pdf


NATURAL OR CULTURED PEARLS, PRECIOUS
OR SEMI-PRECIOUS STONES, PRECIOUS METALS,
METALS CLAD WITH PRECIOUS METAL,
AND ARTICLES THEREOF;
IMITATION JEWELLERY; COIN

71.18 Coin.
7118.10.00 00 -Coin (other than gold coin), not being legal tender - 6.5%

7118.90.00 -Other Free
10 - - - - -Gold coin.......
- - - - -Other:
91 - - - - - -Canadian coins ............
99 - - - - - -Other .....................

Now all that is missing is something to exempt you from paying PST...

I don't know what will happen in your case, I've never bought bullion from abroad. I'm sure other people have had to deal with this or something similar, some other forum members might have a definite answer. If I find anything else, I'll be sure to post it.




Edited by gawd0wns
02/08/2010 9:50 pm
Pillar of the Community
United States
4602 Posts
 Posted 02/08/2010  9:47 pm  Show Profile   Bookmark this reply Add TheForce to your friends list Get a Link to this Reply
I have purchased hundreds of Canadian coins from Canada via eBay (I live in Michigan) and I have never ever been charged any duties or taxes whatsoever. In many instances, the sellers don't bother attaching a customs form to the package. I'm not quite sure how they can get away with that.
*Complete Canada 50 cent set 1953-present
*Complete Canada Toonie ($2) set 1996-present
*And just a mix of everything else!
Pillar of the Community
Canada
598 Posts
 Posted 02/08/2010  10:12 pm  Show Profile   Bookmark this reply Add IBGolden to your friends list Get a Link to this Reply
I become somewhat flustered when trying to teach import/export to others, but all imports are subject to taxation. Do your research beforehand and be prepared. Ontario and B.C. have better bullion exemptions...

... read this for, well, if you want.
http://goccf.com/t/55287&SearchTerm...ng,to,canada

I just don't like rehashing what someone feels they should pay and what the jurisdictional provisions spell out in law. There is no way a seller should be accountable for a buyers import fees/etc. As for falsifying customs documentation... what if your item were to become lost? Sure, low value stuff mails just fine, but more expensive items sometime require piece of mind.


Quote:
Bullion is PST exempt in my province...
gawd0wns

When/IF the HST passes into law for Ontario, the exemptions will be all be out the window for us!
Pillar of the Community
Canada
636 Posts
 Posted 02/08/2010  10:14 pm  Show Profile   Bookmark this reply Add Dollar1948 to your friends list Get a Link to this Reply
Bosox please let me know your ebay handle so I can avoid you like the plague on ebay.Quite frankely I dont do business with conveluted and underhanded sellers like that.
I have bought hundreds of coins on ebay and I have never seen such a bone headed move as what this seller did(or what bosox is also proposing to do).




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