> Just wanted some clarification after my last crossing... I had some
> delays at customs bringing in my last commercial shipment because I
> had a passenger that was a little naive to US rules.
>
> Okay, this is what I do...
>
> I've arranaged my commercial transactions while in Canada, and they
> are between me and someone in a third country (not the US), and I use
> US post. According to Customs, I have to provide invoices and a
> manifest for all my shipments with the total not exceeding $2000 for
> the form I use. (Not that this is a big problem for me). Immigration
> has never said anything about it, what I'm doing is legal. Apparently
> it's legal if the shipments were going to the US (which none of mine
> usually do... but I suppose anything's possible), so long as I sell
> the goods and receive the payment in Canada. (Think eBay, because I
> asked how to legally import into the US goods sold on eBay, and it's
> the typical $5.50 commercial user fee, and all the paperwork is the
> same).
>
> Now, the passenger did not get this concept, and understood, "if I
> bring it into the US, I can sell it while I'm there", and he was told
> by Immigration that no, he can't do that. Apparently Immigration
> referred us to Customs when we went through secondary (I know they
> represent both, but we had to go through Immigration in the passenger
> line before we could go to the cargo area, other people were there
> with their cash to pay their user fee as well, after they passed
> secondary). I don't know why we were referred to Immigration, probably
> because at the PIL line, he said he was bringing it into the US to
> sell, and the PIL officer didn't want to waste time and ask, so he
> referred us right away. In secondary, Immigration didn't want to look
> at anything we had prepared, and shuffled us to Customs, and from
> there, Customs said to my passenger, "the Immigration and Nationality
> Act says you can't do that, I can't let that stuff in if you're going
> to sell it while you're in the US."
>
> So I'm confused... I think, but not really sure. Is the difference, if
> he made the sale from Canada and received payment and knew who he was
> selling it to, he could import it, but because he did not know who he
> was selling it to (think of a reselling shop of sorts), that
> constitutes as working? Should that be true, why is it that at the
> last trade show I attended, five out of 100 vendors were not US
> Citizens or had proper documentation, they imported their goods with
> intent to sell? I have known Canadians who do this by simply not
> declaring, is that what they're doing, and they're wrong, and taking a
> risk?
>
> Basically the officer who came to speak to us after the Customs (he
> said he was representing Customs for us), told us that my passenger
> would have to return, but I was free to go once I brought him back to
> Canada with all his goods. After some convincing, he gave us a break
> and said, "I don't know what you will do when you go in, but I don't
> think you're a security risk. Be better informed next time you come
> here." I guess he gave us the break because we were honest with him,
> and my papers were impeccable, to the point they didn't even look at
> my stuff. They were like, "so it's all packaged and addressed, um okay
> fine."
>
> In the end, we didn't pay the $5.50, the Customs officer (the first
> one that handled us) said he wasn't going to bother with that for the
> value of our goods, "not worth the time to prepare the paperwork", but
> he took my entire folder and told us he'd sort through it to see what
> he needed. I know they're supposed to sign it when the goods are
> passed through, but maybe they just tossed the documents. The second
> officer we saw (who told us he was representing Immigration in dealing
> with us), said to me, "your customs documents are in order, you can
> keep entering and doing what you're doing, be aware of what your
> passengers are bringing in with them" and basically the problem was
> not with me. Let's just say that was pretty obvious, it's no
> coincidence that none of my stuff in the car was touched, and my bag
> was barely looked at and no questions were asked even on things I
> thought they might ask about.
>
> I guess I want some clarification of "working" with regards to selling
> goods. From what this has taught me, selling in Canada to US persons
> and mailing from the US is okay, but any transaction conducted on US
> soil by someone not entitled to work or receive funds is not okay. So
> if it's going to someone in the US, it needs to be sold (and probably
> paid for), before import is complete.
>
> S.
Didn't read your email in too much detail, but if you are selling goods
while in the US, then you are considered to be 'conducting a trade or
business on US territory' - which is certainly not legal.
Mailing goods that have been paid for within the US I would guess is
legal, but I don't know too much about that.
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