HELP!!! I sent a bag to australia buyer and customs wants to DESTROY THE BAG!!!

good advice mica!
what i find strange is that they aren't giving the seller or the buyer any chances to prove that the merchandise is authentic...can you imagine the disaster if they start doing this?
i heard of them seizing handbags from passengers on entrance when it was obvious they were bringing them to sell and they were fake.
tell the buyer to contact customs ASAP, maybe a letter from carol diva authenticating the bag will be enough?
no, LV does not authenticate...and i don't think customs will go to LV for authentication. the buyer has to contact customs, let her know that LV SAs aren't authorized to authenticate...
wonder if she is trying to pull a fast one claim that the bag is fake as per australia customs and keep bag and money?
sorry for being such a suspicious mind...
 
I would be sure the buyer has a phone number to contact them and give them the auction number of the purchase... you as the seller may have to fax or email copies of receipts.

Customs can do this to find out if the value has been lowered for the buyer to avoid duties, (which is around $1,000 per person on an import) dont panic.

Tell the buyer to explain you may have ticket the wrong box on the declaration if it was marked gift as you had posted several packages that day within your own country....

http://www.customs.gov.au/ I am sure they will not destroy a bag untill it is sorted out

All the best to you both!


Thank you!!!


Yes I will admit I am BAD and declared it 250 she paid 800, and marked as gift.
 
This is going to be a messy situation.

But I do not believe that customs will just destroyt he bag - as they believe it is fake, the buyer has now broken the law for recieveng counterfeit goods. They have to give her a chance to prove the bag is authenic and defend herself.

bear in mind she is going to be extremely distressed about this - I would too if I was facing jail time or a huge fine because customs got something wrong!

You or the buyer ned to call customs and quote the tracking number if you don't have the customs reference number(it is on the letter she would have recieved) and they will tell you waht is happenign and what your next steps are.

They cannot detroy the bag without giving the buyer a chance to defend herself - the bag is "evidence" she has commited an illegal act (in customs eyes)

ETA: here is a statement from customs about a HUGE counterfeit shipment they recieved:

http://www.customs.gov.au/site/content4004.asp

They do contact the rights owners. (In this case LV)
 
Thank you!!!


Yes I will admit I am BAD and declared it 250 she paid 800, and marked as gift.


I think this is why they are doing it, ask the buyer to stay calm with them...tell them it may have been marked wrong but the auction number is .... and it will get sorted albeit she will have to pay the duty.

I had a similar thing happen in oh about 02 from memory when I purchased a pair of manolo's, I rang gave them the auction number and it was sorted , yes I had to pay the duties mmmm

They seem to keep a record now of items purchased by whom at your address , so if you buy 2/3 designer items they keep track to ensure you are not avoiding duties and or bringing in knockoffs.

All the best to you both, Regards
 
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Heres the letter:

Here is the paperwork for the seizure, you can call the lady at customs yourself. She's the one who told me its been deemed as fake by Louis vuitton.

Not sure what to do here Rachel, your saying its real, Louis vuitton are saying its fake?

Anita

seizure1.jpg
 
^^The fact that it says the LOGOS look like LV.... maybe since it is Louis Vuitton DENIM line.... maybe they dont recognize it??

Heres a picture of the bag


DSC02765.jpg
 
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Another Email:

HI Rachel,

This is what customs have told me, we don't have a choice here - you can call customs yourself. I asked her for another letter asking for further information but she explained the information is already stated in the letter. Its the trademark section in the letter that states its fake, customs officer Sandra Joseph is the one who told me it was sighted by Louis vuitton & deemed a fake. I mean what else can we do here? I can't see any options myself. As they will destroy it within 30 days.

Anita
 
^^The fact that it says the LOGOS look like LV.... maybe since it is Louis Vuitton DENIM line.... maybe they dont recognize it??

Heres a picture of the bag


DSC02765.jpg

possibly, or because the value is lower they think it is a knockoff , ebay oz is swimming in knockoff's.

Tell her to ring customs and give them the auction number

Regards
 
Ok, this is the legislation they are following:


http://www.customs.gov.au/site/content2278.asp

a) the Comptroller, having regard to information that has come to his knowledge after the goods were seized, is satisfied that there are no reasonable grounds for believing that the notified trade mark has been infringed by the importation of the goods; and

So the buyer can send the "comptroller" customs - proof the bag is authentic.

ETA: this is the attachment to the letter that the buyer has - notice of seizure to designated owner.
 
Ok, this is the legislation they are following:


http://www.customs.gov.au/site/content2278.asp

a) the Comptroller, having regard to information that has come to his knowledge after the goods were seized, is satisfied that there are no reasonable grounds for believing that the notified trade mark has been infringed by the importation of the goods; and

So the buyer can send the "comptroller" customs - proof the bag is authentic.



Which could qualify as what? If I dont have the receipt...
 
Ok, this is the legislation they are following:


http://www.customs.gov.au/site/content2278.asp

a) the Comptroller, having regard to information that has come to his knowledge after the goods were seized, is satisfied that there are no reasonable grounds for believing that the notified trade mark has been infringed by the importation of the goods; and

So the buyer can send the "comptroller" customs - proof the bag is authentic.

ETA: this is the attachment to the letter that the buyer has - notice of seizure to designated owner.

NVM posted same as IO4M
 
What type proof? There is no receipt.


I do not know what type of proof customs require sorry. I am at wok and trying to help as I can.

I scanned that document that the buyer recieved though and it does say customs can recieve proof that it is not counterfeit.

WHAT customs will accept as proof I do not know I couldn't identify it on the legislation - contact customs I guess.

Agian, if they think the bag is counterfeit they may PROSECUTE the buyer. She may be exempt as there was only 1 item so it's not like she was going to resell it, but agin no idea about the rules there.

In any case, she will have an option to prove her innocence, it is documented in the notice attached to the letter she recieved that I linked to in a previous post, you need to find out what that process is. Call or email customs using the references on the letter.

ETA: She has to "consent to the goods being forfeited to the Commonwealth by giving notice in writing to that effect to the Comptroller" before they can destroy the bag.
 
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