Custom Ring & AUSFTA

[pancake]

OK, for those interested in refunds, I have just spoken to the Customs National Refund Centre, who were 10000000% more helpful than anyone at FedEx (except for the one very diligent customer service rep who attempted to fix everything for me, only she couldn't).

The forms to fill out are the ones that ArjunaJane posted earlier - ie. B653 and B650 (Import Declaration N10).

The Customs lady went through how to fill them out with me, saying that with private importers (ie us) they give us a fair bit of leeway because the forms are not very user-friendly and we're not necessarily expected to know how to do it 100% accurately! But filling them out as AJ did is fine, and I have just added my details to Section A of the N10 because the lady told me I should

The forms, once filled out, are just faxed to Customs (the fax number is 08 8447 9227), marked "Attn: National Refunds Centre". The lady suggested I send a cover sheet with my contact details on it, and told me that I would be contacted if further paperwork was required. Otherwise, she told me that no news is good news and I should look for the money in my nominated account.

So when the shipment arrives tomorrow I'll get all the info and fax it straight away.

This is much much MUCH more straightforward than FedEx's process for claiming the refund.

 

[Lestat]

Date: 2/28/2010 10:34:23 PM
Author: pancake
I am incredibly frustrated right now. Here is the sequence of events that have occurred:

1. I received a shipping notification, both from LM and from FedEx (this occurred overnight on Thursday)

2. Friday morning I rang FedEx in Australia. My shipment had not even been entered in their system, so I asked him if he could email me the relevant forms for me to fill out in advance, or put a note on the system. He said no. Then he told me to call again when the shipment reached Australia.

3. Saturday afternoon I arrived interstate for work. When I switched on my phone, there was a voicemail message from FedEx asking me to pay the duties and taxes (including the 5%) and to please call them back to arrange this. At this time, my online tracking had the parcel registered as having left New York, but no further.

4. Sunday morning I spoke to a FedEx customer service person who promptly emailed me the forms to fill out. My package was at this stage tracked to Memphis, TN.

5. This morning (fairly early, too) - it''s Monday today - I faxed the forms, and the supporting documentation to FedEx. I emailed to confirm this.

6. I received a call from the customer service rep who I''d spoken to yesterday, saying that the customs broker dealing with my claim had said that because the taxes and duties had ALREADY been calculated, that it couldn''t be re-done, and I would have to submit claim forms later to receive a refund. The other possibility given to me was that I could dispute the customs assessment, which would cost me $132 (more than the 5% duty!).

I am currently waiting for the broker in question to call me back, but I am really really cross. I feel I have exercised due diligence and done all I could to prevent this contingency from occurring. I am particularly puzzled as to why taxes on the shipment were calculated well before the ring hit Australian shores.

ARGH

ETA: I finally spoke to a customs broker. I was told categorically that the assessment CANNOT be re-done without either a) a formal dispute being lodged (and thus the $132 fee), or b) a complex series of forms being filled out and a manufacturer''s declaration being forwarded, with this process likely to take more than 2 weeks. He told me that the way things have occurred are an ''unfortunate flaw'' but that it cannot be rectified.

I finally relented and I will pay the duty up-front and apply for a refund. However, I''m really really angry.

Sorry to hear about the complete stuff-up by Fedex pancake, I''m sure your refund will go through painlessly. Just for future reference of anyone else reading this thread, I think maybe your issues with Fedex would not have happened if not for your unhelpful Fedex service rep in point 2 of your prior post.

When you rang to let them know the parcel was on it''s way here, they told you it wasn''t possible to enter a note into the system. This is completely untrue. I also rang before the tracking number was online for Fedex here in Australia, and the lady I spoke to made notes in the system for the broker so that they could claim preferential duty. Unfortunately it looks like in your case Fedex jumped the gun and didn''t wait for the ring to hit Australia, and since there wasn''t any notes on file, they just claimed it as normal and not under AUSFTA.

I believe if there was notes on file that they would have known to claim under AUSFTA and the situation might have been avoided.

Again, I''m sorry that this can''t help solve the current problem, but hopefully it can smooth things over for future Aussies in the same situation.

Anyway, the refund will come through, and for now, enjoy your new bling!

 

[pancake]

That is exactly what I said to them, Lestat - that I felt that the whole cr*ppy scenario would have been avoided if the guy had put a note on the system when I rang the first time - as I asked him to (because I knew you had, Lestat).

I was seething when I spoke to the Customs broker, but I was very polite, but I almost cracked when he got all snitchy at me, asking me, "Well, tell me what you want, because I''m telling you what I can but it doesn''t seem to satisfy you"

I told them in no uncertain terms that it had been their responsibility to inform me what was necessary, and that I felt I''d been quite proactive in trying to sort out the matter before it got to this stage; that it was misinformation given to me by THEIR staff and that I therefore felt it was THEIR responsibility to rectify it.

But nooooooooooooooooooooo

Anyway. All''s well that (hopefully) ends well!

 

[arjunajane]

Date: 2/28/2010 11:05:04 PM
Author: pancake
ArjunaJane, when you submitted your claim forms retrospectively for a refund of the duty, did you have to provide the manufacturer's declaration that I am being asked to?

Pancake, I am very sorry that you have had such dramas and I did not see your questions earlier.
I am actually having pretty much the same issue as you right now, and FedEx are asking me for that $132 fee for *their mistake*. The broker I spoke to was a complete jerk - what's the bet it was the same one?!


As to your question, I see you have already gone ahead with the refund ppwk.
I apologize I haven't been able to finish my step by step yet - the following should get you through.

Like I mentioned earlier, as per my experience there are three more necessary items you need to provide - namely:


1. an official letterhead from the vendor, stating that your ring is indeed manufactured in the USA, to satisfy the rules of origin requirements.
2. A copy of your original invoice, also preferably on company letterhead.

I was told both of these should be submitted with form B650 and 653.
I found the more information you give, the better - this will also make things move quicker if they don't need to contact you for more info.
If you have emails between you and the vendor discussing the FTA and the fact the ring is manufactured in the US, also provide copies of those.

3.Lastly, a cover letter is essential imo, explaining why you are seeking a refund and if you can, why you believe your item qualifies for preferential duty (that info can be found earlier in the thread). Make sure you include all the details of the transaction, your vendor's and your contact info.


For number 1, I had my vendor's write something to the effect of this below (to be used as an example):


To Whom It May Concern, RE Fedex shipment #121212121212

I can confirm that on (this date), Ms Arjunajane purchased from (vendor) one ring with the following specifics:

Platinum engagement ring, round diamond etc

at which time she paid (this amount $USD) in full via wire transfer.


Vendor is located and operates our business entirely in the USA at our (US state) premises. I am aware that Ms AJ intends to lodge a refund claim to Australian Customs for the duty paid on this purchase, under the provisions for preferential tariff rates in the Australia-US Free Trade Agreement. This letter is provided with intent to support that claim.
As per AUSFTA Rules of Origin legislation, which I have discussed with Ms AJ and researched via the Australian Customs website, I understand this purchase should be classified as Section 153YE Rule Type P.S.

Please do not hesitate to contact me for any further queries,

vendor contact.

 

[arjunajane]

Date: 3/1/2010 5:22:40 AM
Author: pancake
That is exactly what I said to them, Lestat - that I felt that the whole cr*ppy scenario would have been avoided if the guy had put a note on the system when I rang the first time - as I asked him to (because I knew you had, Lestat).


I was seething when I spoke to the Customs broker, but I was very polite, but I almost cracked when he got all snitchy at me, asking me, ''Well, tell me what you want, because I''m telling you what I can but it doesn''t seem to satisfy you''

I told them in no uncertain terms that it had been their responsibility to inform me what was necessary, and that I felt I''d been quite proactive in trying to sort out the matter before it got to this stage; that it was misinformation given to me by THEIR staff and that I therefore felt it was THEIR responsibility to rectify it.


But nooooooooooooooooooooo

Anyway. All''s well that (hopefully) ends well!

I can completely relate pancake - I have to say, in my experience the FedEx staff have been 99% unhelpful and today my guy was simply rude.

The grab for the $132 "dispute charge" due to their mistakes is total BS, too. Simply greedy.

I may have to end up like you and doing a refund request on this import too, as they''ve stuffed it so bad.

I hope my advice above is of some help and your refund travels smoothly.

hugs, aj.

 

[arjunajane]

Date: 3/1/2010 12:32:53 AM
Author: pancake
OK, for those interested in refunds, I have just spoken to the Customs National Refund Centre, who were 10000000% more helpful than anyone at FedEx (except for the one very diligent customer service rep who attempted to fix everything for me, only she couldn''t).



This is much much MUCH more straightforward than FedEx''s process for claiming the refund.

Yup - and if you go through a FedEx broker for the refund, they charge you of course! From what I can recall, it was around $150

*much* better to take the time and initiative and submit the forms yourself to customs.

 

[pancake]

ArjunaJane - ugh! It sounds like your runaround with FedEx has been just as bad as mine!

When I spoke to Customs the lady there didn''t seem to think I''d need much other documentation but said that any I could provide would be useful. FedEx had already told me that to claim a refund through them (ha) I would need a manufacturer''s declaration, so I sent LM an email with the exact text that I wanted on letterhead. His assistant then printed it on letterhead, along with a signature and a full invoice copy.

For future reference, FedEx told me that the case-by-case variability is because the shipments go through a classifier (who work out when/whether/how the shipment goes through a customs broker), and depending on how the classifier sorts the shipment, the tax/duties may be calculated "express" (ie like mine, where it was calculated 3 DAYS before it got to Australia).

In order to avoid all this b*llocks, the onus is apparently on the shipper to provide FedEx with a visible invoice (on the outside of the package) which clearly states that the item was made in the USA and is eligible for preferential duty rates under the AUSFTA Rule PS. When this doesn''t occur, it would appear that we are at the mercy of the individual classifiers and brokers who deal with our particular packages.

 

[arjunajane]

Date: 3/1/2010 7:32:50 PM
Author: pancake
<b>ArjunaJane</b> - ugh! It sounds like your runaround with FedEx has been just as bad as mine!


When I spoke to Customs the lady there didn''t seem to think I''d need much other documentation but said that any I could provide would be useful. FedEx had already told me that to claim a refund through them (ha) I would need a manufacturer''s declaration, so I sent LM an email with the exact text that I wanted on letterhead. His assistant then printed it on letterhead, along with a signature and a full invoice copy.


For future reference, FedEx told me that the case-by-case variability is because the shipments go through a classifier (who work out when/whether/how the shipment goes through a customs broker), and depending on how the classifier sorts the shipment, the tax/duties may be calculated ''express'' (ie like mine, where it was calculated 3 DAYS before it got to Australia).


In order to avoid all this b*llocks, the onus is apparently on the shipper to provide FedEx with a visible invoice (on the outside of the package) which <i>clearly states that the item was made in the USA and is eligible for preferential duty rates under the AUSFTA Rule PS</i>. When this doesn''t occur, it would appear that we are at the mercy of the individual classifiers and brokers who deal with our particular packages.

This is very useful info Pancake, I will keep it in mind for next time.

Well, I caved and paid the $132 "dispute fee", plus my $55 processing fee - all because FedEx broker did his paperwork wrong. Ridiculous.
Basically they were holding my package hostage and said they would send it back to US if I didn''t pay the fees.

I decided I had no choice and got out my CC.

Between FedEx and Paypal this week, I swear I''m close to tipping point, lol..

 

[pancake]

Well, hopefully it''s all just teething issues since it''s still early days with trying to get this right. Presumably what will eventually happen is that when vendors generate shipping labels for FedEx, they will automatically include the relevant AUSFTA stuff on it, and FedEx should hopefully get used to it too.

Poor you AJ - I am just glad you are getting your mitts on your lovely new ring!

 

[Lestat]

Date: 3/2/2010 8:54:21 PM
Author: pancake
Well, hopefully it''s all just teething issues since it''s still early days with trying to get this right. Presumably what will eventually happen is that when vendors generate shipping labels for FedEx, they will automatically include the relevant AUSFTA stuff on it, and FedEx should hopefully get used to it too.

Poor you AJ - I am just glad you are getting your mitts on your lovely new ring!

Sounds like the key here is the invoice... My Fedex boxes had labels on the outside, but also had re-sealable plastic zip-lock sections for the invoice. This is probably the usual case as my 2nd shipment to Canada had the same boxes used. I had asked Leon to write "Eligible for AUSFTA" on the invoice, and the rule type PS. I didn''t expect it of him, but when I received the boxes, I opened up the plastic section and there was a copy of my invoice in there with those things written on there.

Could be that the Fedex broker didn''t even read my note on their sytem, but because the detail was on the invoice, they processed it accordingly? I''m not sure which of my steps was completely necessary, but I didn''t want to take any chances so I did everything I could.

I''m also hoping the issues get ironed out quickly as Fedex and Australian customs realise people are no longer ignorant of the free trade agreement and will start claiming money back if it''s wrongly charged.

Enjoy the bling while you''re waiting for your money back, and post lots of pics!

 

[Echidna]

Thank you all (particularly Lestat and ArjunaJane) for your experiences with this. It's really helpful to understand what others have experienced.

I thought I'd share our experience so far: I bought my engagement diamond from BGD, then had it set by Sholdt, sent back to BGD, and BGD shipped it to me. When we rang Fedex to ask for preferential duty treatment, they told us that we should have notified them before the parcel even shipped (which directly conflicts with what others here have been told by Fedex) so that they could match the sender and receiver and thus not charge us duty. Okay, weird, but our mistake.

Next, I followed AJ's fabulous refund form instructions. I was struggling a bit with a couple of aspects of the form, so I called the National Customs Refund Centre last week. After not getting through a few times (no one available to take my call apparently!), I left a voicemail on their answering machine. This message was never returned. I called again this morning only to be told that I do not qualify for preferential duty because the stone was already set, even though I quoted the section of AUSTFTA and the PS rule

I think my next course of action will be to complete the forms as best I can, then just submit them with the paperwork AJ suggested and hope for the best. Seriously, this is beginning to look like some kind of scam...

Any thoughts?

 

[pancake]

I only just saw this - ugh, Echidna!

I imagine you''ve sorted something out by now, but I remember being told by the helpful Customs lady that you just need to make sure that you put your contact phone number on the forms, and then if there is a problem with your refund claim you will be contacted by them. She said that otherwise I should just look out for the refund (which, sure enough, arrived in my account 3 weeks later).

 

[heliotrope]

Hey Everyone

just to share my experience - I also have been stung by customs and charged the 5% duty on my BGD earrings that just arrived

I spoke to Fedex and basically needed to pay up or have the goods shipped back to the USA!!

Fedex has explained I can dispute the duty - but it looks like it will cost me more than the charge

it''s the principle here that annoys me the most!!

 

[pancake]

Ugh Heliotrope!

Did you see the posts in this thread about how to claim back the duty? It is actually quite straight forward once you know what to put on the forms. (presumably if you claimed through FedEx they would lodge similar forms...except charge you $150 for the privilege

).

 

[arjunajane]

Echidna and Heliotrope,

geeez, I''m sorry to hear this!
It''s really quite a disgrace they can''t get it right - if I didn''t know better, I would say customs and fedex are making these decisions as cash-grabs, rather than doing the right thing.

I would say that, along with everyone who has posted in this thread it has probably raised awareness with many more who have not posted, and have started following the FTA.
I am sure that the govt. would be peeved that, as Lestat says, the consumer is no longer ignorant to this legislation..I do not like to be so skeptical, but how else do you explain so many agents directly contradicting the paperwork they are provided??

Echidna - sorry I didn''t see this earlier to offer you advice. Have you resolved it yet? Your plan to fill out the forms with as much info as possible, and just submit, is the best course of action. They do have an obligation to contact you if something is left off and they can''t process.


Heliotrope - if you do the paperwork for a refund yourself, there is no cost. However if you get the Fedex agent to do it for you, yes often the cost will out weigh the return.

 

[arjunajane]

Date: 3/1/2010 11:01:47 AM
Author: arjunajane
Like I mentioned earlier, as per my experience there are three more necessary items you need to provide - namely:



1. an official letterhead from the vendor, stating that your ring is indeed manufactured in the USA, to satisfy the rules of origin requirements.

2. A copy of your original invoice, also preferably on company letterhead.


I was told both of these should be submitted with form B650 and 653.

I found the more information you give, the better - this will also make things move quicker if they don''t need to contact you for more info.

If you have emails between you and the vendor discussing the FTA and the fact the ring is manufactured in the US, also provide copies of those.


3.Lastly, a cover letter is essential imo, explaining why you are seeking a refund and if you can, why you believe your item qualifies for preferential duty (that info can be found earlier in the thread). Make sure you include all the details of the transaction, your vendor''s and your contact info.



For number 1, I had my vendor''s write something to the effect of this below (to be used as an example):



To Whom It May Concern, RE Fedex shipment #121212121212


I can confirm that on (this date), Ms Arjunajane purchased from (vendor) one ring with the following specifics:


Platinum engagement ring, round diamond etc


at which time she paid (this amount $USD) in full via wire transfer.



Vendor is located and operates our business entirely in the USA at our (US state) premises. I am aware that Ms AJ intends to lodge a refund claim to Australian Customs for the duty paid on this purchase, under the provisions for preferential tariff rates in the Australia-US Free Trade Agreement. This letter is provided with intent to support that claim.

As per AUSFTA Rules of Origin legislation, which I have discussed with Ms AJ and researched via the Australian Customs website, I understand this purchase should be classified as Section 153YE Rule Type P.S.


Please do not hesitate to contact me for any further queries,


vendor contact.

I thought this could be helpful for some folks pursuing their refunds - here are scans of my forms B653, and B650. I know it looks messy, but of course I had to get rid of all my personal stuff - the pertinent info is there for others to follow

These are the ones I submitted and had the refund smoothly under 30 days, no questions.
If you submit these, along with the 3 documents I mention above, I don''t see how any customs officer could reasonably fault your claim.

I am just about to submit a second one myself for my original ering from GOG (I''ve been slacking on the ppwk), and will let you all know how it goes.

Good luck!

B653:

 

[arjunajane]

whoops, I''m sorry that is too small - try again:

 

[arjunajane]

B650:

 

[heliotrope]

you guys are awesome!!

thanks so much

I will certainly give this a go myself

it makes me cranky that I am doing things the legit way and I am getting ripped off

it's not about the amount of $$$ but more so about trying to do the correct thing

I will follow up with the outcome once all the paperwork clears

 

[arjunajane]

Date: 4/29/2010 6:05:43 AM
Author: heliotrope
you guys are awesome!!


thanks so much

I will certainly give this a go myself


it makes me cranky that I am doing things the legit way and I am getting ripped off


it''s not about the amount of $$$ but more so about trying to do the correct thing


I will follow up with the outcome once all the paperwork clears

glad to be of help on this heli- I completely understand how you feel, it is very frustrating to say the least..
do make sure you let us know how it goes, best of luck!

 

[whiteandginger]

These posts have definitely helped me with dealing with duty tax, oh and BGD have been very helpful with providing all the paper work. My ring should be cleared from customs early in the week. All I had to do is speak to a broker from FedEx and send them a letter that BGD provided, which states that this ring is part of the free trade agreement etc...

FedEx have now placed a note on my tracking number, stating that the package is free of duty tax.

So thank-you to everyone who has contributed to these posts, you have helped another aussie who is shipping a ring from the US for the first time!


I just have one question though, there is a small chance that the ring maybe be slightly too big, if I were to re-ship it back to the US to get it re-sized and then back to Australia again, how would I bypass paying GST again???

 

[arjunajane]

Date: 5/29/2010 9:44:45 PM
Author: whiteandginger
These posts have definitely helped me with dealing with duty tax, oh and BGD have been very helpful with providing all the paper work. My ring should be cleared from customs early in the week. All I had to do is speak to a broker from FedEx and send them a letter that BGD provided, which states that this ring is part of the free trade agreement etc...

FedEx have now placed a note on my tracking number, stating that the package is free of duty tax.


So thank-you to everyone who has contributed to these posts, you have helped another aussie who is shipping a ring from the US for the first time!



I just have one question though, there is a small chance that the ring maybe be slightly too big, if I were to re-ship it back to the US to get it re-sized and then back to Australia again, how would I bypass paying GST again???

Hey whiteandginger,
I am very glad this thread helped you, and that the process seems to be going smoother these days - great stuff!

With re. to your question on re-sizing the ring, it would be coded as "return for repair" and as such would not incur any import taxes. There is always a chance the broker will make a mistake though (as we have seen via this thread!), so best to be sure all applicable paperwork is in order.
Brian Gavin have experience with this and will be able to help you through the process should it be an issue.

Looking forward to an SMTR thread when your ring arrives!

 

[Nelly4]

Re: Custom Ring & AUSFTA

I am so glad I found this thread today. I ordered a pair of earrings from BGD and today I had a call from Fedex (which I was not expecting) and asked me to pay $180 for customs. I had no idea why I had to pay this as I was not told any of this and have now discovered that I can claim it back. So, I have downloaded the forms as per the posts above and will see how I go.

Thanks again!

 

[skeeeo]

Re:

I just have one question though, there is a small chance that the ring maybe be slightly too big, if I were to re-ship it back to the US to get it re-sized and then back to Australia again, how would I bypass paying GST again???

You have to pay GST, its the customs duty that can be avoided

 

[Nelly4]

Re:

whoops, I''m sorry that is too small - try again:

I'm just filling out my paperwork for the claim but I can't find anywhere my CCID - where is this located???

 

[Supers]

Re: Custom Ring & AUSFTA

Bah!
The Fedex people seem a bit hit and miss.

The first time I went through the process in July, it was great, no duty charged.

This time around, they've just rung and charged me duty and told me to claim it back. Bother - I'd even rung two days ago to ask them to note on the system that the item qualified for AUSFTA, but guess it didn't happen.
Have now downloaded the Customs forms, and will go through that process.

On a positive note - my wedding ring and sapphire and diamond bezel band should be delivered tomorrow

 

[skeeeo]

Re: Custom Ring & AUSFTA

Slightly off topic but just wondering with those who have used Fedex, when they call you to pay your gst/fees etc, is the Fedex person able to also discuss delivery date/time etc.

Reason I ask is that one of my deliveries is estimated to arrive while I am interstate. I was wondering whether I could request for them to not deliver and hold it in the depot and I'll pick it up when I get back?

 

[Supers]

Re: Custom Ring & AUSFTA

I'm pretty sure you can ask them to change the delivery address or hold it.
Just ring Fedex with your tracking no and see what they say.

 

[freddy]

Re: Custom Ring & AUSFTA

I live in a country town, and my package that I had been waiting for, was scheduled to be delivered when I too had to go interstate. I rang Fedex, and they held the package at the Fedex centre, and I collected it in person upon my return without any problems.

Hope this helps

 

[skeeeo]

Re: Custom Ring & AUSFTA

Thanks. Will contact fedex as soon as I get a tracking number. Was abit worried with the festive season coming up, didn't want my parcel going awol while i'm away. Would much rather them just hold it at their depot and I go pickup when I come back.