Potential problem with US Customs - advice appreciated

Mr_Squiddy

I sent a software CD to the States today which I sold to a Stateside eBayer. Unfortunately my wife actually took it to the Post Office and I forgot to warn her about the customs declaration. So mistake no.1 was that she did not declare it as a gift (declaring it as a gift means that Customs will not charge import duty in the item as a rule.) Second mistake was that she overvalued the item by a factor of five (£70 instead of £15.)

Does anyone have any clue as to the likelihood of the recipient being charged import duty and, if so, the likely cost? If this happens I shall of course reimburse the buyer so I would like to know how much I am going to get stung.

TIA,
Pete

Sugar_Coated_Owl

Surely if you sold the item then it can't be declared as a gift on the customs declaration form. That would be rather deceitful and surely illegal?

advent1122

Why did she value it at £70?
This means the recipiant must pay fees on £70 +postage.
As you didn't put a customs declaration on it then it will be opened and examined, I hope it was a genuine CD.

Also declaring it as a gift is illegal.

nightswimmer

Mr_Squiddy wrote:

(declaring it as a gift means that Customs will not charge import duty in the item as a rule.)

Apart from (as razorbladekisses pointed out) this being illegal, it is also not true to say that as a rule customs will not charge import duty on the item if it is a gift. This only happens on gifts to the US under $100 (if I recall correctly) and in the UK on gifts witha value below £36.

Does anyone have any clue as to the likelihood of the recipient being charged import duty and, if so, the likely cost? If this happens I shall of course reimburse the buyer so I would like to know how much I am going to get stung.

Not sure to be honest. Might be worth looking at the US Customs site: http://www.cbp.gov/

Mr_Squiddy

Well that will teach me to listen to my local sub-postmaster regarding US Customs declarations.

My wife did not mark it as a gift so I presume it will be treated as merchandise which attracts a higher threshold ($200) so the item should be OK.

Thanks for the censoriousness btw. That really helped.

skintscotsman

Mr_Squiddy wrote:

Thanks for the censoriousness btw. .

i come to expect it on this board.

martindow

I am not sure that the limit for merchandise is higher than that for a gift. It's certainly not coming into the UK, hence the temptation to declare things as gifts. If it the envelope is hand written and looks like a present it may well get through without charges especially as they will be getting busy with Christmas approaching but if not there could be quite a bill for the recipient.

soolin

skintscotsman wrote:

i come to expect it on this board.

Exactly, MSE is about saving money not getting yourself a criminal record.

May I please remind all users to read the sticky 'ethics' post on this forum.

Thank you

Soo

JohalaReewi

Just playing catch up. Declaring ebay sales as a gift on customs slips is a no-no. The customs rules say...

Goods sent as a gift are not free of import duties and import VAT. However, customs duty will not be collected if the amount is less than £7, and under EC Directives and Regulations excise duty and import VAT is not chargeable if:

* the value of the gift does not exceed £36
* the customs declaration is completed correctly
* the gift has been sent from a private person outside the EU to a private person(s) in this country
* the gift is for the use of either yourself or your family
* there is no commercial or trade element and the gift has not been paid for either directly or indirectly
* alcohol, tobacco products etc are within the allowances detailed in paragraphs 2.5 and 2.6
* the gift is of an occasional nature only eg for a birthday or anniversary.