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Re: [OM] Buying Equipment From the USA in Canada

Subject: Re: [OM] Buying Equipment From the USA in Canada
From: Jan Steinman <Jan@xxxxxxxxxxxxxx>
Date: Sun, 22 Aug 1999 21:20:53 -0700
From: Mark Dapoz <md@xxxxxxxxxxxx>

> Yeah, I wasn't sure of the tax/duty situation and still am not.  I guess
> NAFTA doesn't apply to Japanese made cameras, eh?

Luckily for us Canucks NAFTA does apply to Japanese cameras when they
come from the USA..

Be careful what you assume. Going the other way, this is not necessarily true. I recently bought over $1000 of stuff from a Canadian list member, and ended up paying over $40 in customs duties. I made a formal protest, citing NAFTA and the fact that all the stuff I bought came from the US originally, and even had US receipts for their inspection, and they basically said, "Sorry, we're the government, we're a monopoly, we're right, you're wrong. Thank you for your letter."

Essentially, they pointed out chapter and verse in NAFTA that backs them. NAFTA only really applies to goods *originating* in either country. I then called and had a polite chat with the chap who wrote the letter. He said that if a Japanese camera were purchased in the US, then repeatedly sent back and forth between Canada and the US, customs duties (I think 3%) would be due EACH BORDER CROSSING!

I have shipped Japanese goods back and forth with no problem before, so it would seem that NAFTA applies, but I now have a formal, official letter that says otherwise! (Yes, it's a US Customs letter, but NAFTA is supposed to be symmetrical.)

I think it depends on how bored a particular customs agent is on any given day, whether they go "by the book" or let things slide. Don't count on big-ticket items going through! Perhaps "structure" your purchase in smaller-value shipments. I'm now convinced it's all a crap-shoot -- completely arbitrary.

: Jan Steinman <mailto:Jan@xxxxxxxxxxxxxx>
: Bytesmiths <http://www.bytesmiths.com>

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