I think they did it thinking it would help me. After she provided me with the tracking details, I asked her how much would I have to pay in duties, she said declared it lower. I never knew lower meant 110 CAD until Fedex asked me to pay the $36 for duties and taxes. I think she under-declared it because she assumed I was a reseller and that would hopefully help me, the other reseller she sold it to (that I know), told her to under-declare. I have no idea why she marked it as a gift though.
My Birkin is Stuck at Customs - PLEASE HELP!
- Thread starter xoshirls
- Start date
I think they did it thinking it would help me. After she provided me with the tracking details, I asked her how much would I have to pay in duties, she said declared it lower. I never knew lower meant 110 CAD until Fedex asked me to pay the $36 for duties and taxes. I think she under-declared it because she assumed I was a reseller and that would hopefully help me, the other reseller she sold it to (that I know), told her to under-declare. I have no idea why she marked it as a gift though.
Canada customs has the right to auction an item or destroy (if it’s not authentic). Fedex agent told me that customs will most likely auction the bag if I do not retrieve it. Customs accused my bag of being brand new (I was thrilled to hear the condition, ha ha) although I sent them the original receipt from Hermes from the reseller (named and value blocked out by previous owner) and a Bababebi certificate stating the bag to be a few years old.
The reseller told me that there is nothing she can do for me because she only made a few hundred dollars off the sale. Additionally, she said she would pay for half of the FedEx fees to resend it to me if possible (customs said no they most likely won’t return it because it was falsely valued). I am more annoyed than I am upset not being able to have the bag. I’ve never under-declared before so I don’t know why someone would do it for me without asking me first.
Thank you for sharing! I had no idea about all this bc I rarely do international transactions unless it’s through eBay global shipping. Now I’m very happy I made that choice every transaction I had on eBay despite the temptations from buyers to do just what your reseller did. I feel so bad for you!!! (((Hugs)))
Singapore has similar rules regarding under-declaration. Confiscation isn't mentioned but they do warn of fines and imprisonment. The link below mentions a case where a luxury bag tax evader was fined in Oct/Nov 2014. In Dec that same year, an H reseller was caught for tax evasion and there was quite a hoo-ha in the local press with her family giving interviews to the gossip tabloids. I assume she got off with a fine because it seems she was back in business quite quickly.
http://www.customs.gov.sg/~/media/cus/files/insync/issue34/article3.html
Seems like there is a simple way to resolve this issue. Why don't you provide Fedex with copies of the bank wires you sent the seller? This will show them what you paid for the bag. I believe you said 15K? That should be sufficient for Fedex to calculate your duties owed. Then you pay the fees and the bag is released to you. (I believe this was suggested several times early in this thread...)
Wishing you all the best in your finals!!
I held back giving any reply as many have suggested ways already... I am not a Canadian but I very much know CBSA is undoubtedly strict and serious so coming clean with them asap would be best as Fedex just wouldn't want to get involved in these situations.....
I do think they "tried" to get it resolved at first stage by asking for an invoice but of course the "seller" would not issue one as it is clearly against the law especially when the case has caught attention already and they would not take an initiative to self-correct himself/ herself in the declaration (as the difference is too big and he/ she might get into trouble when, from your saying, he/ she should still have businesses with other resellers in Canada" )
So now the item goes to Customs and they have established the case as "under-declare" and a fine is certain.... You have supplied the original receipt and certificate so they should have done the reassessment on the actual value of the item already...
so the last thing you can do is to clearly explain the situation (hopefully through your lawyer who should make a proper statement with all evidences including bank wire receipts, your dialogues with the seller asking him/ her why he/ she under-declare in the first place)
If I were you, I would avoid claiming to be a student nor I didn't know about the duties as CBSA would argue 1. you are responsible and you should know as a Canadian with clear instructions and info online 2. you can afford a CAD$15,000 ( did I get it right?) bag as a student 3. it has been weeks and you have already missed and delayed the chances you had to self-correct or talk to CBSA the day you knew of the situation
So these are the things they would consider when they evaluate whether or not to exempt you..... personally I think your best defence would be that 1. it's not your initiative to under-declare it 2. you have been prepared to pay all the due duties as required from day one (evidence: you asked seller how much duty you needed to pay before he/ she shipped it off) 3. you have no idea how to calculate the value of a second-hand item and you put your trust in the seller and when he/ she said he/ she would "under-value" it, you didn't know "under-value" means she would mark it as a gift....
And some practical info:
http://www.cbsa-asfc.gc.ca/import/postal-postale/dispute-contestation-eng.html#_s1
Just what I would have done if I were you and I am no expert... but I do hope you can get this sorted asap
I know how difficult it is to deal with all the parties in the situation and all the worries that come with it.... the worst case would be not having this bag but I am sure you will have many more to come in your future.... everyone has difficult situations in life at least once or twice.... I believe this forum is here for hermes lovers to support each other.... I would wish to see your reveal post in the near future ^^
I held back giving any reply as many have suggested ways already... I am not a Canadian but I very much know CBSA is undoubtedly strict and serious so coming clean with them asap would be best as Fedex just wouldn't want to get involved in these situations.....
I do think they "tried" to get it resolved at first stage by asking for an invoice but of course the "seller" would not issue one as it is clearly against the law especially when the case has caught attention already and they would not take an initiative to self-correct himself/ herself in the declaration (as the difference is too big and he/ she might get into trouble when, from your saying, he/ she should still have businesses with other resellers in Canada" )
So now the item goes to Customs and they have established the case as "under-declare" and a fine is certain.... You have supplied the original receipt and certificate so they should have done the reassessment on the actual value of the item already...
so the last thing you can do is to clearly explain the situation (hopefully through your lawyer who should make a proper statement with all evidences including bank wire receipts, your dialogues with the seller asking him/ her why he/ she under-declare in the first place)
If I were you, I would avoid claiming to be a student nor I didn't know about the duties as CBSA would argue 1. you are responsible and you should know as a Canadian with clear instructions and info online 2. you can afford a CAD$15,000 ( did I get it right?) bag as a student 3. it has been weeks and you have already missed and delayed the chances you had to self-correct or talk to CBSA the day you knew of the situation
So these are the things they would consider when they evaluate whether or not to exempt you..... personally I think your best defence would be that 1. it's not your initiative to under-declare it 2. you have been prepared to pay all the due duties as required from day one (evidence: you asked seller how much duty you needed to pay before he/ she shipped it off) 3. you have no idea how to calculate the value of a second-hand item and you put your trust in the seller and when he/ she said he/ she would "under-value" it, you didn't know "under-value" means she would mark it as a gift....
And some practical info:
http://www.cbsa-asfc.gc.ca/import/postal-postale/dispute-contestation-eng.html#_s1
Just what I would have done if I were you and I am no expert... but I do hope you can get this sorted asap
I know how difficult it is to deal with all the parties in the situation and all the worries that come with it.... the worst case would be not having this bag but I am sure you will have many more to come in your future.... everyone has difficult situations in life at least once or twice.... I believe this forum is here for hermes lovers to support each other.... I would wish to see your reveal post in the near future ^^
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i find it a bit shocking that a reputable seller would not give a warning that, no matter what, there is no way an international seller can guarantee what duties will be, and certainly not that they will be nonexistent or minimal.
OP, this new EU-manufacture ruling should help you. I would think you would just owe actual CA tax (which is pretty hefty but acceptable). Whatever happened here, I wish you luck.
OP, this new EU-manufacture ruling should help you. I would think you would just owe actual CA tax (which is pretty hefty but acceptable). Whatever happened here, I wish you luck.
Buyer, or maybe seller are ignorant on this.
If one can paid so much money for Hermes, what's the big deal about the taxes/duties?
I don't know how declared as gift will affect duties, which I highly doubt so. Simple because customs isn't stupid. They will know what's up to ppl sleeves when they tried to avoid paying taxes
By under declaring bag's values also will affect insurance claim. Haven't claim anything from insurance yet (phew), but the insured amount should be what's declared or maximum insurance coverage under the shipping policy, whichever is lower.
Both seller n buyer should really read n see how much is actually covered/insured and TOP up wheneveru deem necessary for insurance.
I do not think op owe anyone any updates. The idea that someone rendered help = updates Is weird
it's not tpf terms n conditions to have op replied or give latest updates. I don't think in life, one Shld give n then think of what to get back in returns.
Op, if the seller didn't seek yr opinion on how much to declared then she is on the wrong. She cannot expect u to be ther same as other buyers. I bid for one item requested seller to declare exact value because of insurance. I don't want to be penny wise, pound foolish.
Yes, I understand that. But if you tell them that the seller lied to them and under declared without your knowledge (you have proof you can provide from emails or texts with the seller) AND provide documentation from your wire transfers, I would expect that customs would be satisfied and release your bag. Why wouldn't you take this step?
Oh, I’m sorry to hear this hasn’t been settled. I saw your post in the action thread and as it looks like the same gold Birkin 30 you posted a pic of on Nov 4 I assumed you had gotten the bag. Hope this is soon resolved in your favor.
