Avoiding putting info on the CN22 Customs form

[keesindy]

A foreign buyer with zero feedback has used PayPal to purchase an expensive item. It is to be shipped via USPS Registered Mail. However, this buyer is asking that I intentionally misidentify the item and not indicate the value either outside or inside the package.

In reading the CN22 instructions, I see that it's possible to use only the top portion of the form on the outside of the envelope as long as a 2976-A Customs Declaration and Dispatch Note is included inside the package. This avoids identifying the item and its value on the outside of the package but the 2976-A form calls for a listing of the contents and their value.

I don't see how I can comply with USPS regulations if I do as the buyer asks. Am I missing something?

Also, if I were to comply with the buyer's requests and a problem were to arise with this transaction, wouldn't I be jeopardizing my standing with PayPal in a dispute resolution?

I can understand why a buyer would make these requests, but it seems I'm putting myself in jeopardy if I don't comply with USPS procedures.

I would hate to lose the sale, but can't afford to take unnecessary risks.

[oz4oz]

I would refer it to Mark (admin), sounds like you may be being set up for a fall with not only Paypal, customs &UPS but also possibly Bidstart as well.

No sale is worth giving in to such a request as most would agree here

Andrew

[michael78651]

Tom, if you're required to use a customs form (it is actually a form used by the US Department of Customs, not the USPS) for the mailing, then you must use the form. When you sign the form (it is a government document), you are saying that the information you wrote on the form is correct. If the information is incorrect, then you have falsified a government document (you know what that means). Also,if it is incorrect and Customs either here or the receiving country discover it, then the mailing can be confiscated. The customs form must be on the outside of the package. It is a declaration of what is inside, and you are acknowledging that any country (including the US) may open the package for inspection.

The buyer is asking you to do this for one reason only: to avoid paying taxes. The buyer is asking you to violate the law so that the buyer can violate the law.

If the buyer files a complaint of no delivery, your copy of the customs form receipt and the USPS cash register receipt is what PayPal will require as your proof of mailing. Remember, on international mailing, PayPal only needs to be shown that you properly mailed it here. You do not have to prove that it was received in the other country. We went through this with a buyer from another site who lived in Israel. Claimed he didn't receive the item (it was not philatelic). The funds were returned to him by the other site. The documentation was then provided to PayPal, and PayPal returned the money.

Mark has been clear on this issue in the past. A buyer cannot ask a seller to break the law.

[cocollectibles]

Michael is correct, and not only can they confiscate the item, but the buyer can realize some pretty stiff penalties, depending on Customs' assessment of the value (not necessarily a catalogue value). The same goes with declaring purchases as a gift on a Customs form. If they paid you for the item, it is not a gift.

[librarianc]

I will always attempt to accommodate a buyers requests.......but not if it puts me, my business, my personal or business reputation at risk. I will not contravene the law for anyone.

Canadians are most aggressive in this regard, because of the potential 13% taxes + post office handling fee that you could be charged when receiving items by mail in Ontario (your costs may vary depending on the province you reside in). With online auctions/purchasing being so popular and the general population wishing to avoid any extra fees, it is a request that comes up regularly. I have been known to absorb all the costs (taxes and potential fees) if the sale is to a good customer or I believe it may lead to a long-term potential customer, but everything is still reported and done properly at my end. Perhaps I'm too old fashioned or naive......

How important is one sale if you lose access to selling in the future, lose money on a "lost item" claim, lose your freedom for a while..............

John A

[keesindy]

Thanks for the input!

I'm leaving it up to the buyer. I've explained what info I'm obligated to provide via the customs form. Either we do this legally or he can cancel the purchase.

However, I want to follow up and ask: Has anyone ever used only the top portion of the US Customs CN22 form on an envelope. I was unaware of this option until I read the instructions on the back side of the form yesterday. It says, "If you do not wish to list the contents on the wrapper or in any case if the value of the contents is $400 or over, affix only the upper portion of the label (cut on dotted line and discard lower portion) and complete a PS Form 2976-A.... Enclose the completed PS Form 2976-A inside the item."

Since I very rarely have sales exceeding $400, I hadn't really paid attention to this part of the instructions. It's not very likely that I'd ever use this option, but I don't recall it being mentioned here and I'm curious if it's ever used.

[michael78651]

Tom, I think you're looking at the old form. The customs forms were revised in December 2009. The CN 22 (Form 2976) has a cover sheet with instructions and then a form that you complete in triplicate.

You cannot use a CN22 if the value of the package is over $400. Also, there is no information regarding hiding the contents by enclosing the form inside the package. You may have to use the big customs form for this shipment. In any event, hiding the form inside only invites US customs or foreign customs to open the package to gain access to the form.

[keesindy]

You're right about this being an older form. It's a green form dated 2004, but I picked these up at the PO earlier this year and used one of them last month at that same post office. I'll have to look into this when I go to the PO tomorrow.

I realized that not putting the entire CN22 form on the outside would probably make interception and inspection much more likely. And, I suspect the buyer knows that as well since he asked that the value not be placed on the outside or the inside.

[librarianc]

The Canadian CN22 is for Small Packet shipments only....nothing indicating a 2-part form to slip description or value inside parcel. Self-adhesive form for the parcel and paper receipt attached to back for customer.

ALSO.....CN22 mailings only covered for $100.00 insured value!

John A