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$534 customs charge advise please

I sold an item on ebay to a buyer in indonesia who paid with paypal, I sent it by fedex fully tracked insured, now the buyer is refusing to pay the considerable customs charges..

I'm told by fedex that to return the item back to me I'd still have to pay the customs charge as well as return postage.

What annoys me is that I've followed the rules of selling on ebay to the letter (even to not lying about the value of the item to prevent customs charges which in hindsight maybe I should have done?) and it seems as if I'll get stung for a $534 customs charge anyway.

Ebay tell me that I should wait until the buyer files an item not received claim and then if I provide the tracking number to show the item is stuck in customs I'll win and therefore keep the money, and buyer will have to pay customs charges. Can this be right? I'm worried that the buyer will win the claim and then pick up the item and I'll lose both my item and money! I can't seem to see a way out of this one without getting screwed. Should I just pay the customs charge? What if the buyer still doesn't pick up the item?

Has anyone else been in a similar situation? What's the outcome been? Advise would be great!
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Comments

  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can't see why Ebay would lie to you, it's always the responsibility of the buyer to be aware of the customs charges for their own country. You are not to blame for it being stuck in customs, so let it play out.
  • No_Eye_Deer
    No_Eye_Deer Posts: 573 Forumite
    eBay have just sent an improved seller protection and enhancements on international selling email.

    http://sellerupdate.ebay.co.uk/spring2012/international-selling.html

    From the beginning of May 2012, one of 2 messages will be automatically posted in the postage and packaging section of the item page and in the eBay Checkout to give greater clarity to buyers on their customs obligations.
    These messages will appear automatically when the buyer’s country location does not match the item location country.

    I take from this, that eBay should hold the buyer responsible for customs charges.
  • porto_bello
    porto_bello Posts: 1,828 Forumite
    edited 24 May 2012 at 10:40PM
    I don't think there is any danger of you being charged $534 by the Indonesian equivalent of HMRC - it just doesn't add up.

    I don't know the ins and outs but clearly an exporter cannot be held accountable for the charges levied on the importer.

    Also, if the item is sent back, by definition, it was never imported, so I don't see how Indonesian customs can levy an import duty on something that wasn't actually imported.

    Also, on a practical level, even if they wanted to, how would Indonesian HRMC (or wahtever their name is) successfully go about collecting the $534 from you?
    "The secret of life is honesty and fair dealing.
    ...If you can fake that, you've got it made."
    Groucho Marx
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Also, on a practical level, even if they wanted to, how would Indonesian HRMC (or wahtever their name is) successfully go about collecting the $534 from you?
    I agree with what you say regarding the return. However if the if they did have a weird policy of not letting it be returned without the charge, then I suppose they would just not release it until paid, so keeping the goods would be a good way to make the op pay.
  • KxMx
    KxMx Posts: 11,211 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I don't think there is any danger of you being charged $534 by the Indonesian equivalent of HMRC - it just doesn't add up.

    I don't know the ins and outs but clearly an exporter cannot be held accountable for the charges levied on the importer.

    Also, if the item is sent back, by definition, it was never imported, so I don't see how Indonesian customs can levy an import duty on something that wasn't actually imported.

    Also, on a practical level, even if they wanted to, how would Indonesian HRMC (or wahtever their name is) successfully go about collecting the $534 from you?

    I think Fedex is the clue here- i'm not very experienced with them but I did have a competition prize sent via Fedex from the US. On the paperwork the company selected "sender" and not "recipient" as the person liable for any import fees- however it was a whisker under £15 after the exchange rate anyway.

    I might be barking up the wrong tree though!
  • porto_bello
    porto_bello Posts: 1,828 Forumite
    KxMx,
    I think in your case, as it was a gift/prize, in that situation the sender had already agreed to pay the customs fee in advance - I think this is a bit different.

    Bris,
    Indonesian customs may well confiscate the item if the buyer refuses to pay, but it would be impossible for the buyer to successfully claim a refund, since it would be impossible for them to transparently return the item via a trackable method.

    dlmcr,
    The thrust of my replies is one of reassurance. I can't see the buyer either getting out of paying the customs fee or returning the item and getting a refund, if they refuse to pay the customs charge to release the item.

    I don't know the ins and outs of Indonesian customs, but it may be possible for them to reclaim the customs charge, if they can show that the item has been returned to you, at the buyer's expnese.
    "The secret of life is honesty and fair dealing.
    ...If you can fake that, you've got it made."
    Groucho Marx
  • dlmcr
    dlmcr Posts: 182 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thanks for all your advice.

    Update:
    I spoke to ebay resolution centre and escalated to a manager. I was told that because I could demonstrate that the item had arrived in the destination country and the only reason it had not reached the customer was that the customs charges had not been paid, I would be likely to win an item not received case opened by the buyer. I was also asked to obtain a statement from fedex to show the item was stuck pending payment of customs charges. Basically I'll wait and see how things pan out. I'm not willing to spend any more $$ on fees / return costs because I don't see why I should.
    Sale date was 2nd May so I guess the buyer has 45 days to file an item not received case. I'll update with what happens.
  • You do realise, FedEx will have already payed the customs fees, and so are now billing you, so they are a middleman. They will also have added a fee
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You do realise, FedEx will have already payed the customs fees, and so are now billing you, so they are a middleman. They will also have added a fee
    No, it's stuck in customs because fedex are not paying the fee, if they were it would be with the buyer by now. Fedex don't charge the shipper, they charge the recipient so the op wont get fedex chasing them.
  • QuackQuackOops
    QuackQuackOops Posts: 2,667 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    dlmcr wrote: »
    Thanks for all your advice.

    Update:
    I spoke to ebay resolution centre and escalated to a manager. I was told that because I could demonstrate that the item had arrived in the destination country and the only reason it had not reached the customer was that the customs charges had not been paid, I would be likely to win an item not received case opened by the buyer. I was also asked to obtain a statement from fedex to show the item was stuck pending payment of customs charges. Basically I'll wait and see how things pan out. I'm not willing to spend any more $$ on fees / return costs because I don't see why I should.
    Sale date was 2nd May so I guess the buyer has 45 days to file an item not received case. I'll update with what happens.
    This doesnt make sense.
    If the buyer has not yet opened an item not received case, then what dispute are you talking about in the resolution centre and what have you escalated?

    You really do not need to do anything. You have sold an item, have sent it to the buyer and you have your tracking information.
    You do not refund the buyer.
    You wait to see if they open a Not Received case and if they do, you then enter your tracking information.

    Ebay will then rule in your favour as refusing to pay custom fees is not a good enough reason for the buyer to claim not received.
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