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Re: Antique Auto Laws?

To: 70471.1433@CompuServe.COM (Dana P. Henry-TRF)
Subject: Re: Antique Auto Laws?
From: rodb@ee.ubc.ca
Date: Mon, 7 Mar 94 16:35:49 PST

>                This inquiry is for our friends in Canada or anyone else who
> might be familair with Canadian Customs' laws as they relate to antique car
> parts.  We have customers in Canada who purchase parts to be sent to them in
> Canada, and many times they request that we put a notation on the Customs
> paperwork that the parts are for a car that is 25 years old or older.  Can
> someone shed some light on the specifics of the law?  `

I just talked to Canada Customs because I was interested in the specifics
of this regulation too.   Automobile parts, whether they are new, NOS,
made in the USA, England, Taiwan, etc., are duty exempt if they are for
a car which from the date of manufacture till the accounting period is
over 25 years (what that means exactly I wasn't sure).  You can be
asked to provide proof that the parts are for a specific car that is at
least 25 years old and that you do in fact own such a car.

> At present we have a
> customer who has a 1976 TR6, and he is insisting that we put that notation on
> his Customs' paperwork (obviously the car isn't 25 years old).  We have
> refused to honor his request, and he has called us every name in the book.
> What perk does this notation provide for a Canadian customer, how is the
> information monitored and enforced, and last but not least, are we logically
> within our rights to dishonor this particular customer's perhaps fraudulant
> request.  

It allows the parts into Canada duty free.  The amount of duty varies
depending on what type of part it is.  You still have to pay 7% GST.
The information is monitored and enforced in a typical haphazard way
for parts imported through the mail. From personal experience I've
found that if the shipper writes "Vintage Car Parts" on the customs
declaration it is usually sufficient.  The burden of proof and
responsibility lies with the importer, not with the shipper since you,
TRF, have no way of knowing if the customer is lying.  The officer at
Canada customs implied that the usual course is that you have to pay
duty first and then take the paper work down to them to get a refund.
I have never done it this way because it usually isn't worth the hassle
for the few dollars you save.

You are logically within your rights to dishonour his request.  If he
wants to circumvent the system all he has to tell you is that he has
bought a car that is over 25 years.  You can of course ask for the VIN
and write it on the package.  That was one thing customs recommended
to me.  

It might be worth your while to modify your computer system so that it
automatically generates a label with the required information for those
Canadian customers that have cars over 25 years old.  We sure would
appreciate it.  I can tell you from personal experience that fixing
customs mistakes after the fact is royal pain in the butt (did I say
that already?).

By the way, a 25 year old car is also allowed into Canada duty free.

--rod.

-- 
Rod Barman, Dept. of E.E., University of British Columbia
rodb@ee.ubc.ca


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