U.s. Customs Paper Work, Shipping

[nagamaki - Franco]

Gentle International Nihonto-ists  , a word to the wise, if you conduct an overseas private sale to the U.S.A., when it comes to filling out the U.S. Customs form (checking boxes, etc.), please indicate that the item being sent is a "gift" and not a "commercial invoice" on the documents, otherwise it raises red flags (which require documentation/certification) and U.S. Customs will put the purchaser through the ringer.

 

Thank you for your kind attention.

 

Happy New Years to All!

Edited January 1, 2016 by nagamaki

[drbvac]

That is a tough one into Canada as well and trust me - the "gift" checkbox and "funds sent" do not go well together on the same form. Depends as well on how it is described. I have sent them to the US called - Antique Japanese Wall Hanging" and gift but they are not dumb and if you think they give purchasers trouble usually - wait till they open the item and see it doesnt match the description or the actual value. Most antiques if allowed in the country are not charged duty and may have sales tax added depending on the mood they are in so the actual cost to tell it like it is may be worth the hassles later on - Play it your way - I have heard of them coming to someones house after the fact and seizing a camera they took into Canada in their luggage - seems they filled in the US warranty card from Canada and - give me your camera - here is the fine

[Brian]

I have good advice sent to me a few times already reminding me that customs forms are legal documents, and filling them out incorrectly or with false values is not only a crime, but there are serious consequences. They CAN, and HAVE tracked sales down and penalized sellers and buyers heavily. You do not want a file open on you with customs. They apparently also can and do monitor sites such as ours.
I can therefore not advise anyone to do anything that is contrary to the law. Do things the right way, and sleep better at night. That is the official advice.

[Stephen]

what he said

[nagamaki - Franco]

Hello All, should have explained that in this case tax was/is not an issue. Yes, don't lie, dig yourself into a hole. BTW, with help from the carrier all is good at this time.

[drbvac]

All good - and the last thing that anyone wants is to be marked or highlighted on their computers - makes it VERY tough to even travel - first time you do somewhere or return they tear your luggage or vehicle apart - they can seize cars everything and no warrants needed. I hate customs officers more than police

[nagamaki - Franco]

Customs officers can be good or bad like anyone else. I've experienced both. 

[Yoshimichi]

I would certainly concur with Brian and others regarding the recommendation to accurately describe and declare the value of all items on customs forms, when you are the one filling out the form, checking the boxes, and signing the customs form's declaration under penalty of perjury. A foreign seller who falsely does that does so at his/her own peril, if he/she makes a knowingly false declaration. To what extent the U.S. or Japanese governments would actually go after a foreign seller for doing so is unclear, but knowingly making a false declaration under penalty of perjury is, as we all know, a crime. I would expect it to be a crime in Japan as well. I would bet the Feds would likely not hesitate prosecuting a U.S. seller or citizen who makes a false declaration on a customs form. If one is dealing with a U.S. Customs form, then one would no doubt be committing a Federal offense, which tend to carry much longer prison sentences and much stiffer fines than violations of State laws, if convicted.

 

I would also certainly not recommend instructing a foreign seller or anyone else to make a false declaration on a customs form, as this could potentially open that the buyer and the seller up to conspiracy charge, if the government wants go crazy and push the issue. Facing a conspiracy charge could certainly up the potential sentencing ante and risks. If a foreign seller knowingly fills out the customs form inaccurately or falsely, I would argue that this is the foreign seller's risk/problem, so long as the buyer is not in anyway involved in encouraging, instructing or asking the seller to do falsely do so. If a customs officer or government official were to ever ask the U.S. buyer what is in the package, what he/she paid for it, etc., then, of course, the buyer must and should answer those questions truthfully and with complete accuracy.

 

From a buyer's standpoint, it would seem that all that one would expect the buyer to face is the payment of the proper and correct duty or tax on the item, presumably after the Feds investigate and make sure the buyer was not in anyway involved in the making of or encouraging of the seller to make the false declarations on the customs form. I would just consider the "red flags" and potential customs hassles the cost of transacting internationally, and the reasonable price cost of sleeping worry-free and well at night.

 

And now, on a much less "Debbie Downer" note, here's wishing everyone a very happy and prosperous New Year!

 

Best regards,

Bill E. Sheehan (Yoshimichi)      

[nagamaki - Franco]

Hello, please note that I am not suggesting to anyone to do anything less than being totally and completely forthright!!! In my numerous experiences as a seller and purchaser I have never been asked to provide documentation with the item(s)/package sent/received (or even when crossing a boarder) in a PRIVATE transaction, until now, and as it was explained by the carrier that in this instance it was because the "commercial invoice" box was checked instead of the "gift" box. In the end after spending the better part of the day on the phone explaining everything from A to Z, U.S. CUSTOMS, yes, CUSTOMS released the package after being satisfied and my signing a document which essentially makes me an importer under the carrier (I don't even want to know), and not lying under penalty of law. Good grief!

Edited January 1, 2016 by nagamaki

[estcrh]

As long as the item coming into the USA is an antique (over 100 yrs old) and clearly stated as such there will be no customs tax. 

[nagamaki - Franco]

As long as the item coming into the USA is an antique (over 100 yrs old) and clearly stated as such there will be no customs tax. 

 

Correct, the catch was that when the commercial box was checked on the customs label, customs then wanted/asked for certification. 

Edited January 1, 2016 by nagamaki

[estcrh]

Correct, the catch was that when the commercial box was checked on the customs label, customs then wanted/asked for certification. 

I am not sure how this is happening, I have many items shipped to me with the full value stated, I have only been asked to pay a small customs fee twice, I could have protested but it was not worth the trouble. All other times my packages arrive without any problem. This includes items from Japan and Europe.

[nagamaki - Franco]

Hello, my understanding is the sender was not given an option other than filling out a commercial form, which according to the carrier supervisor here in the U.S. is what got the package flagged without having documentation. This was my first hassle after having sent and received a good number of items over the years internationally.  

[Kronos]

Listing as a commercial item is what you're meant to do when you sell items though, listing as a gift should in theory be considered fraud if money has changed hands...

I suspect either customs have made a mistake or there was no invoice attached which it sounds like, so it was listed as a commercial item, but with no price so customs didn't know how much tax to charge?

[Brian]

Yep. A sale means a commercial invoice. Without it, they won't be able to process the item.
A gift is an item without an invoice. Not sure about over there, but we only get one "gift" a year here, and it must be under $28. Otherwise it attracts duties and vat anyways.

They don't give us a break. Also, there must be an invoice, and they can ask for proof of payment to verify the amount.

[Mark]

in my experience here in the U.S. if I receive an antique sword, properly described as over 100 years old, I am not charged and duty if it is sent through U.S. Mail (or comes through U.S. Mail here), if it comes UPS, FedEx, or any other shipping method I am charged a duty. In the past I call and inquire about the duty and explain the item is antique and no import tax/duty is due, I am told I can dispute the charge but the cost of disputing is more than the duty. So I usually ask sellers or others to send me items though the Post.

 

I also have discovered that import and export or swords with same' or horn, or any fish or wildlife materials requires a special permit. It is legal (so far) to send and receive these items but they must follow U.S. laws and regulations. It seems the U.S. Government quietly started enforcing these requirements (already on the books) in 2014. So be carful! They wanted to confiscate a gunto mounted sword I mailed out of the U.S.