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ArcticMyst Security by Avery

Consequences of sending from CA to US?

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Nov 28, 2010
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Hey, I live in Canada BC, and say that I sold a laser to a guy in the US, and it got confiscated by customs etc. Would I be liable for anything? Would there be a fine for me or any other consequences? And please don't reply saying that the chances are slim; I know. But IN THEORY what would happen if my 200 mw green laser pointer got caught?
 





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I'm pretty sure it's the buyer who is responsible; because they ordered it, they're the ones who need to know the importation laws, etc.

I could be wrong, but this is how I understand it. I also live in Canada and haven't shipped lasers into the US, but I don't think it's the seller's issue.

If the laser was taken by customs I think 1 of 2 things happen:

1 - It's destroyed
2 - A letter is sent to the person who made the order and it might end up being returned to the seller.

I've seen 1 happen more than 2 though with Customs. (Or hidden option 3 - customs just keeps it for themselves :()
 
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I'm pretty sure it's the buyer who is responsible; because they ordered it, they're the ones who need to know the importation laws, etc.

I could be wrong, but this is how I understand it. I also live in Canada and haven't shipped lasers into the US, but I don't think it's the seller's issue.

OK thats nice to know; can someone confirm?
 
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Maybe you could ship two packages with 1/2 a laser in each??
and no batteries in either!!
thats a shipping method that gets used by some China to USA sellers.

dont scrimp of shipping costs and insurance IMO is a worthwhile option. But declaring a value of 30$ and getting 300$ in insurance-- may cause a problem.

hope this has been helpful

hak
 
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Hey, I live in Canada BC, and say that I sold a laser to a guy in the US, and it got confiscated by customs etc. Would I be liable for anything? Would there be a fine for me or any other consequences? And please don't reply saying that the chances are slim; I know. But IN THEORY what would happen if my 200 mw green laser pointer got caught?

From my logic, I don't see how this can happen. If there is a law IN CANADA about importing items into countries with laws against them, then maybe US customs could turn you in and you could get into trouble?
I don't think those kind of laws exist though.

Your not in the USA, so you aren't really required to follow our federal law.

I know if some Canadian agency came to me and said i wasn't allowed to do something because it's against the law in canada, i'd tell them to fuck off.
The same way Wicked Lasers snubs their noses at the FDA, because it's an american agency and they are in china.

Try to do a search fro canadian export laws maybe?
 
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ive had stuff confiscated it is never returned to the seller !!! it ends up getting destroyed or the cust officer will put it in his pocket the buyer gets a letter . customs cant check every box that comes in if you say its car parts and put some car part in there when its x rayed it wont look like a laser pointer !
 
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I am not saying it never happens but i really cannot believe that Customs employees take home very much stuff... They would have a LOT to lose if they did. It would be a VERY serious crime and I imagine there are cameras everywhere there. It just would not be worth the risk. I lost 17 China green pointers for being over 5 mWs-- I got many letters about them including one that informed me they will be destroyed if I did not want to travel to San Fran,CAL to protest. I have no doubt that all the items siezed get logged and accoutability for every one is quite strict.

btw the other 16 eventually came to me and they too were all over 5mWs--go figure.

ANYWAY unless we all write our Sens. and Reps. They are ALL going to be confiscated very soon no matter what mWs. See my sticked thread for where to write--- if you can spare the time and give a shit.

tic tock
 
S

Stephen j gilman

Guest
If the USA buyer hurt themselves or others, could the shipper be conserderd responceable? Could they sue?
 

Arshus

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I agree with Moh. Canadian residents are not bound by US law. It would be the Buyer's risk. However, if the buyer didn't get his item, he can do a chargeback, and since the tracking info would show "not delivered" the buyer would more than likely get his money back.

-Sal
 
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If the USA buyer hurt themselves or others, could the shipper be conserderd responceable? Could they sue?

Absolutely not. The buyer assumes all responsibility for the product once it's in their possession.

Heck, to a certain degree, if I gave you something like a knife to borrow and you stab someone, how is it my fault?

Anyway, no. Lol
 
S

Stephen j gilman

Guest
@ enigmahack

but your wrong! In the US if the buyer sold something illegal they are at fault! If you sold me a gun I could not obtain elsewhere, and I hurt someone. You would be at fault! Or what if a mentally handicapped person got a illegal gun from you, that would also be your fault!

Look at these links for proof!

(IL) Slaying victim's mom sues gun shop - TheFiringLine Forums

"Milwaukee officers sue gun store" by Latest News -- GazetteXtra

Mother of man slain in KC mall sues gun shop

My real question is could a US resident sue a CA resident.
 

Arshus

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Yes, but the judgment you would obtain would probably be uncollectable if the person you were suing is not a U.S. Resident

-Sal
 
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in calif you can be sued for the slightest thing in fact any where in the usa
theres a lawsuit going now for some group suing a olive oil co saying the extra virgin oil is not extra virgin enough !! wtf so be warned these lasers are not toys they are very very dangerous
 
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@ enigmahack

My real question is could a US resident sue a CA resident.

Sorry, I should have clarified... When I made that statement, I was referring to cross-border sales.

I know some Americans will sue someone else for sneezing the wrong way.


Anyway, I do agree with you about within the same country, but across the border... I have to disagree which was the original subject in question.
 

mfo

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From my logic, I don't see how this can happen. If there is a law IN CANADA about importing items into countries with laws against them, then maybe US customs could turn you in and you could get into trouble?
I don't think those kind of laws exist though.

Your not in the USA, so you aren't really required to follow our federal law.

I know if some Canadian agency came to me and said i wasn't allowed to do something because it's against the law in canada, i'd tell them to fuck off.
The same way Wicked Lasers snubs their noses at the FDA, because it's an american agency and they are in china.

Try to do a search fro canadian export laws maybe?

Watch your language, snatch! J/K

But Moh nailed it right on the head. It's the buyers responsibility.

With that being said, on the declaration form put it as either a pen (if it's a skinny laser) or a flashlight (if it's a fatter one). Make sure the buyer understands that you're not taking responsibility if it gets confiscated.
 

Justin

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I probably have more experience shipping lasers from Canada to the US than anyone else here.

Since a non-FDA-compliant laser is legal in Canada, you (the exporter) would not be liable for anything as far as the Canadian or US government is concerned. They would just take your laser and your customer would receive an empty box with a letter in it explaining what happened. Then, depending on how your customer paid you, they could either file a chargeback (credit card or paypal) or they would have to trust you to refund them if they paid with a non-reversible method (bank wire or money order). In all cases you, as the exporter of a product which is legal in your country, face no criminal or civil liability. The importer could, however. It would be almost impossible for the buyer to sue you since he would have to declare, as part of his court case, that he was attempting to import illegal goods. This would be like trying to sue somebody in Columbia because you didn't get your cocaine.

The examples of court cases listed above are domestic transactions. International business works differently because we in Canada cannot be subject to American laws.
 




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