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Old 11 October 2010, 09:49 AM   #1
HACKNSACK44
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Customs question.

I'm thinking about purchasing a watch from Canada. Will I have to pay customs when they ship it to me in the U.S.?
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Old 11 October 2010, 10:10 AM   #2
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Any information would be appreciated.
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Old 11 October 2010, 10:25 AM   #3
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Well, technically it is not legal to ship a Rolex into the US without going through Rolex USA, and so if Customs knows that it is a Rolex in the box, it may be seized...

If it gets through customs, then it will have duty levied based on the declared value..
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Old 11 October 2010, 10:39 AM   #4
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So it's better not to buy from Canada?
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Old 11 October 2010, 10:57 AM   #5
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Originally Posted by HACKNSACK44 View Post
So it's better not to buy from Canada?
Well...

Unless you feel Lucky. Well, do ya?

<EDIT>

Why are you so keen to buy from Canada? Is this a one-of-a-kind Vintage oppty???
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Old 11 October 2010, 10:58 AM   #6
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Customs will hold it until you pay the duties on it. They will fix a duties price on it, send you a form to complete and after they receive payment, they will release it.
The complete price you will pay on the watch will be higher than if you just purchased the watch here in the US.
All this is based on the sender declaring what it is and value.
If they send it overnite or some form of 1 day postage, not declare it is a watch or Rolex, and declare the value very low... then more than likely, it will get through.
Any description of a watch on the customs form, and it will be stopped and checked by customs.
This is my experience from buying 2 watches when i was in living in the U.S.

Good luck in your Canadian purchase.
Let us know how it works out
:)
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Old 11 October 2010, 11:14 AM   #7
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Its kind of unusual for Americans to by in Canada as most things can be bought cheaper in the US.
Have you checked with any of the sellers here on the Rolex Forum ?
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Old 11 October 2010, 11:24 AM   #8
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Whenever I send/receive watches overseas, I always write "horological device" or "measuring instrument" on the customs forms. I don't know what other people write but it seems like it goes through for me with out issues. It's 100 times better than writing "ROLEX WATCH" OR "PLEASE STEAL THIS WATCH."
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Old 11 October 2010, 12:14 PM   #9
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Just to clarify, Congress has passed no laws regarding Rolex brand watches. In other words, it's certainly not illegal to buy a Rolex watch outside the United States and then bring it back. Of course, the item is taxed -- i.e., customs "duties" are levied when the item is "declared" by the returning citizen. That said, Rolex doesn't much care for the practice, but their terms, while sometimes confused with actual laws, don't carry the legal weight of actual laws legislated and enforced by governments. There is another lifestyle-brand company that often has its usage terms confused with actual law -- Apple. So you'll hear people sometimes say stuff like, "It's illegal to jailbreak your iPhone." Of course large corporations like Apple and Rolex love such misconceptions for obvious reasons.
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Old 11 October 2010, 12:32 PM   #10
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I believe U.S. Customs has explicit authorization from Congress to publish regulations, and has done so. Rolex is a prohibited item and can be seized, unless it is imported under license from Rolex. So yeah, you'll probably get away with it, if you lie on the form, thereby committing a crime: see for example 18 USC Section 1001. If you purchase abroad, and physically bring a rolex with you, there are exemptions in the regs, I believe, but haven't looked at this question for a long time.
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Old 11 October 2010, 12:42 PM   #11
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The information on this page may be of interest to you.

http://www.cbp.gov/xp/CustomsToday/2.../christmas.xml

The Rolex trademark recordation with Customs indicates "Import of Goods Bearing Genuine Trademarks or Trade Names Restricted." This means that genuine Rolex products can only be imported with the permission of the trademark owner, Rolex Watch U.S.A. Inc. A private individual can hand carry one Rolex watch from a trip overseas without obtaining permission. Bring in more than one, and they will all be seized as a trademark violation. Purchasing a Rolex from overseas by mail is also a trademark violation.
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Old 11 October 2010, 12:47 PM   #12
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Quote:
Originally Posted by unclesallie View Post
I believe U.S. Customs has explicit authorization from Congress to publish regulations, and has done so. Rolex is a prohibited item and can be seized, unless it is imported under license from Rolex. So yeah, you'll probably get away with it, if you lie on the form, thereby committing a crime: see for example 18 USC Section 1001. If you purchase abroad, and physically bring a rolex with you, there are exemptions in the regs, I believe, but haven't looked at this question for a long time.
I am 100% sure that if you write "horological device" or "measuring instrument," it is NOT lying in any way. In fact, a watch is a horological device and considered a measuring instrument. In no regulation does it state that you have to write "ROLEX WATCH" on the customs form. The only issue is that you must write the same item description on the customs form as well as on the insurance form. If they do not match, then you won't be able to file insurance claim if the item gets stolen/lost in transit.
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Old 11 October 2010, 01:36 PM   #13
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Excellent elaboration, and appreciated. The answer to the discussion regarding whether or not it was legal for US citizen to buy a Rolex watch outside the country and reenter the US with it was provided in the .gov page referenced above. To requote the relevant portion with regard to that: "A private individual can hand carry one Rolex watch from a trip overseas without obtaining permission."
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Old 11 October 2010, 02:36 PM   #14
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Thanks for all the replies. The reason why I was purchasing it from Canada is the price is very good. But if I have to pay customs and taxes that means it will probably cost just as much as it would here. So I believe I won't be purchasing a Rolex from Canada.
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Old 11 October 2010, 02:51 PM   #15
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In general terms , would the NAFTA agreement not mean that you pay no import duties ( but only tax ) on any trade between Canada and US ?

Ofcourse if Rolex is specifically banned thats a seperate matter
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Old 11 October 2010, 03:02 PM   #16
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This stuff is way over my head. Like I said I believe it's in my best interest to not deal with someone from Canada. No offense to Canada.
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Old 11 October 2010, 04:37 PM   #17
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I was bought 3 pcs. of brand new Rolex to the States for my friends around 4 years ago, 1 guy trip from Hong Kong to California, anything smooth and nothing happened just cost less than 30 seconds I think in the customs of LA Int'l airport, of course don't tell them you got 3 rollies, like this 1 wrist 1 pc., another 1 placed in hand carrier, boxes and papers sent by courier. What I done for them just got a dinner in Hotel Bonaventure.
Is that what friends are for?
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Old 11 October 2010, 04:54 PM   #18
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I am from Canada and have bought Rolex watches from the U.S. as well as shipped them there without any incident. The tax/duty on a fully declared Rolex will be quite a bit though. I've had friends pay almost 1k in tax/duty.
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Old 11 October 2010, 04:57 PM   #19
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With that said, items that are shipped as gifts or being returned, for repair etc, will not be taxed in this manner.
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Old 11 October 2010, 11:46 PM   #20
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Quote:
Originally Posted by GradyPhilpott View Post
The information on this page may be of interest to you.

http://www.cbp.gov/xp/CustomsToday/2.../christmas.xml

The Rolex trademark recordation with Customs indicates "Import of Goods Bearing Genuine Trademarks or Trade Names Restricted." This means that genuine Rolex products can only be imported with the permission of the trademark owner, Rolex Watch U.S.A. Inc. A private individual can hand carry one Rolex watch from a trip overseas without obtaining permission. Bring in more than one, and they will all be seized as a trademark violation. Purchasing a Rolex from overseas by mail is also a trademark violation.
In regard to "hand carrying" one Rolex watch through customs, would it be violative of this law to wear a Rolex on a vacation, and purchase another Rolex while abroad? You would thereby be "bringing" two Rolexes back through customs. I have been curious about this, as I almost bought another one in the British Virgin Islands and I was concerned about customs at that time.

-Ed
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Old 12 October 2010, 06:35 AM   #21
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With that said, items that are shipped as gifts or being returned, for repair etc, will not be taxed in this manner.
Can you ship a Rolex as a gift?
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Old 12 October 2010, 07:50 AM   #22
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Can you ship a Rolex as a gift?
Yes. You must check the block on the customs form though.
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Old 12 October 2010, 09:12 AM   #23
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Interesting and confusing info. Might check into NAFTA agreement
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Old 12 October 2010, 09:51 AM   #24
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Its kind of unusual for Americans to by in Canada as most things can be bought cheaper in the US.
Have you checked with any of the sellers here on the Rolex Forum ?
V serial Daytona for 8050 before customs and taxes.
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Old 12 October 2010, 10:11 AM   #25
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Have the seller send it as a percision instrument with a lower declared value.
Send the watch separately from the box/papers
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Old 12 October 2010, 11:17 AM   #26
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Quote:
Originally Posted by ProfEd View Post
In regard to "hand carrying" one Rolex watch through customs, would it be violative of this law to wear a Rolex on a vacation, and purchase another Rolex while abroad? You would thereby be "bringing" two Rolexes back through customs. I have been curious about this, as I almost bought another one in the British Virgin Islands and I was concerned about customs at that time.

-Ed
I really don't know, as I'm neither an attorney nor a customs agent.

I would guess that if you wore one and the other was in the box, it would be okay and as some have noted, it would not hurt to have the original sales slip with you, but I'm just speculating.

If you're concerned with staying within the bounds of the law, just ask the authorities.
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Old 12 October 2010, 11:29 AM   #27
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V serial Daytona for 8050 before customs and taxes.
That does sound like a good deal if you can have the seller cross the border into the US and mail it domestically.
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Old 13 October 2010, 02:42 PM   #28
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Whenever I send/receive watches overseas, I always write "horological device" or "measuring instrument" on the customs forms. I don't know what other people write but it seems like it goes through for me with out issues. It's 100 times better than writing "ROLEX WATCH" OR "PLEASE STEAL THIS WATCH."

@ PLEASE STEAL THIS WATCH
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Old 13 October 2010, 02:49 PM   #29
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I would fly and pick it up. That is a screaming deal. Then you have no worry about shipping and seizure.. Your call if you declare it and pay 8% duty.
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Old 13 October 2010, 02:58 PM   #30
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Ok as someone who has worked logistics for quite some time and has bought/sold many watches domestically and cross border here are key points to remember:

First and foremost. Be very careful shipping high end pieces. All the major carriers will only insure up to a certain amount. FedEx is 1k, UPS is $500 etc. and they will NOT cover you in case of theft, loss or destruction. This I promise you. They will undoubtedly charge you for the extra insurance but in the event of a claim you are SOL. You need to use a third party insurer such as ParcelPro. I use them all the time and they are excellent. Started by a former watch collector that was tired of taking chances shipping watches. They will cover up to $75,000 and much much cheaper coverage rates than the big carriers. Only caveat is you have to set up an account with them.

Second, NAFTA does not apply to Swiss watches. NAFTA is only applicable to imported/exported goods whose Country of Origin and Harmonized code is either from US/CANADA/MEXICO. You will pay duty on a watch but duty is marginal in Canada, about 3% not sure about the US. Luxury and excise taxes may also be levied. I know they are in Canada. Inform yourself. Furthermore, FedEx and UPS will charge you a fee to disburse the duties and taxes on your behalf as well as a brokerage fee and it is usually exhorbitant.

The only way to circumvent paying duties and taxes, if that is your goal albeit illegal is to have the watch shipped to a location such as a UPS store near the border, drive over, put the watch on your wrist and mail yourself back the box. No duties no taxes.

It really is not worth doing cross border shipping straight up. When I sell a watch to someone Stateside I usually drive to Plattsburgh and ship it to them domestically. I have a friend who ALWAYS takes a chance and has watches shipped to him with a reduced value of $600 and has gotten away each and every time. Timebomb if you ask me. Lastly, forget about the gift option, it is limited to $60 then the rest is taxable and dutieable. Above all remember that the carriers will NOT insure your watches.
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