Customs Seized My ATI Folding Stock - Update Page #3

Chas

Chas

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Picked up an ATI folding stock for a SKS from a buddy in states - he mailed it here and its been a month ... got the letter today saying that the Customs Border Service Agency seized it "To determine admissibility". You buy the &*%%&^$$ things in Canada!
 
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Take solace if the stock is not allowed to enter Canada it will be returned to the sender in the US. However if the Item is siezed it is Destroyed in the US and does not get sent back to the Sender.
I have heard from others that it Appears that CCRA border services is clamping down on firearms related products
 
As long as the item was clearly described and valued, you have nothing to worry about, and the stock will clear customs.

If your friend mislabeled it, consider it lost.
 
The letter stated "to determine admissibility" If the stock is the same item as bought off the shelf in Canada - talk to the dealer/importer and get the commodity code for his stock. Send a response to customs quoting the commodity code and that the item is routinely imported lagally into Canada. You'll get it. If they try to refuse it appeal. Since it falls into a category of imports for which prohibitions exist, It was grabbed likely because it did not come with a proper declaration and its being held to determine if it is a prohibited item. This is routine, actually, and frequently a result of improper import papers. It pays to do your homework when importing legal goods (where prohibitions exist) and give your shipper the commodity codes for your product, for his declaration.

For those of you who don't know how customs deals with these one off imports - it goes like this: the parcel arrives at a customs entry point, ether within a postal sorting facility, bond shed or customs long room. If there is documentation attached, its reviewed to see what the item is. If the officer is satisfied that it is what it is, he codes up an E14 form and away it goes.

If it doesn't come with paperwork, he examines it, sits down with his "harmonized code" (the 10-digit "classification number") to see where it belongs. If the code group contains prohibited items, he then has to determine if the item he has fits this, or not. If he does not feel technically competent to judge the item, he sends it over for an admissibility review (in the case of the ATI stock, he might not know whether the ATI stock fits the description of a "bullpup", because the commodity description is general enough that, to him, it might). Before you jump on customs officers that he should "know", remember, that in print form the code and tariff is several inches thick, and the descriptions general. Virtually EVERYTHING has a commodity code, and many items can be classed under different codes. With the heightened security issues at the border, an officer is not going to take a chance on pooching his career because he was the one who let the prohibited item through that hung the Minister out to dry.
 
Thanks Skip - not looking to dump on the officer - have called an left a message indicating same stock is sold commercially in Canada by Marstar (ATI also lists P-D and Milarm as dealers, but havent had time to check), is not classed unto itself as a prohibited or restricted weapon and when attached to a firearm, meets the minimum length.

If anyone knows the commodotiy code, I would appreciate it.
 
border services seized a parts order of mine last year. The package contained 3 stainless mcCormick hammer struts and a national match barrel bushing for the 1911 (60.00 u.s. total). Package, according to seller, was properly labelled and all regulations adhered to. I have dealt with this seller for many similar items and NEVER had this problem in the past. I followed the appeal process and it has been 11 months with no word from border services. I am so not impressed and will not be bring parts across the line again. As far as i'm concerned, they ripped me off.
 
unfortunately mostg customs officers are not gun nuts like us, and can't tell the difference between a barrel bushing and a full auto sear... nor can they tell if a folding stock is legal or not (these people have probably never set foot into a gun store)... sooo off it goes to be further 'determined'... its too bad
 
I had the same thing happen with a knife from Benchmade. Got a letter in the mail that the knife had been seized because it was a switchblade:eek: I immediately filed a dispute with Border Services and contacted Benchmade. You want to hear someone come unwrapped, you should have heard their sales manager. Better yet they couldn't find the invoice to figure out WTF they sent me. I hadn't ordered the knife but that's not the point. Turns out that the knife is one of their "assisted opening" knives and sales are restricted to Law Enforcement. Long story short Border Services still wouldn't let the knife through.

Remember, these are the same guys that seized "Little Red Riding Hood" that someone had ordered through Little Sisters in Vancouver, because it was obscene. I wonder if they even opened the box of books before they seized it.:rolleyes:
 
Just fight it I had a whole bunch of gun stuff grabbed i got a call from the CCRA prohibited weapons division i talked to the officer described exactly what it was gave him some web addys IE marstar (to show the items were NOT prohib) and 20 mins later he said he was sending it up stairs id have it in a few days most agents are good guys he could tell right away i knew what i was talking about and that i knew it was perfectly ok for me to have/import said items
 
Chas said:
the Customs Border Service Agency seized it "To determine admissibility". You buy the &*%%&^$$ things in Canada!
Click to expand...

Your stock hasn't been seized, it's being held to determine admissibility. There is a big difference. Letting the officer know that you can buy the item in Canada is a good idea but it might not help. You can purchase lots of prohibited items in Canada.

That being said I'm surprised Customs are holding a folding stock. Stocks by themself are not prohibited to my knowledge. Hopefully your shipment will get released quickly.

I would not worry about the classification code. Unless your shipment is worth over $1,600 you don't need it. If you are really interested check Chapter 93 of the Customs Tariff. :rolleyes:

BigUglyMan, some assisted opening knives are classified as prohibited. If the knife can be opened by just flicking the wrist it could be considered to be opened by centrifugal force and would be a prohibited weapon under the Criminal Code. It might not be a switchblade but it falls into the same prohibited weapon catagory under the Criminal Code.(CC S. 84 Definitions) If the knife has a thumb assist and was obviously not designed to be opened solely by centrigual force the knife should be legal to import.
 
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I had at least 4 discussions with a very nice lady at border services, she was personally handling my claim for the siezure. I jumped through all the hoops, ao did the seller. Faxes, receipts, pictures, dscriptions ect ect ect. finally they asked me to prove that i had no illegal intent for importing these parts..... I gave them my valid PAL number and said what more do you need?????? I have never heard another word.... I gave up 6 months ago.
 
45ACPKING - if the items were seized you should have receive written notification from Customs (or the exporter would get the notification). The seizure notice would provide instructions to appeal.

If the items have been seized you might want to pursue appealing the seizure as long as it’s not too late. If you are in the process of appealing you wouldn't be talking with the officer, you would be corresponding with an adjudicator.

If you or the exporter have not received anything from Customs I would suggest that you contact the officer's superintendent and request the status of your shipment. Have the shipping information handy (tracking number, customs numbers - cargo control number and/or transaction number if issued) and a list of the items in the shipment as well as a timeline of events.
 
I had a friend in the States send me a set of sp1 handguards. He sent them from the PD he works for and another officer actually took them to the post office. He wrote gun parts on the declaration label.
My friend called me and said I probably wouldn't be getting the package due to that.
2 weeks later it arrived with no evidence that anyone had opened the box!
Had another friend send me a Gerber multi-tool the end of November..hasn't arrived yet. Unfortunately he sent it regular mail with no tracking info.
 
I had a trigger job done in the US for my 10/22, and I had no problems getting back my whole trigger group, and customs had opened it and looked at it - same with my bolt when I had it headspaced and jewelled. I won an auction for a BC barrel - sent no problem. Plus I also got my Choate dragunov stcok from a US seller - maybe you just have bum luck:p
 
I went through the entire appeal process from A to freakin Z, was told that a decision qould be made by a magistrate. Never heard a word back.... I gave up on this months ago after many calls , just kept getting told that a decision had not been made yet.... don't care no more. 65.00 u.s. ain't worth the hassle , ya know?
 
I've found that sometimes these small conficts/misunderstandings with government agencies can be cleared-up with the assistance of your MP.
 
It is an important distintion if it was US or Canadian Customs that seized the goods. If the items are checked on the US side (and this happens frequently with gun parts) then all of their export regs come inton play. Folding stocks are not controlled in Canada however the export of folding stocks from the US is now refused to Canada if it is for firearms other than shotguns. The only way we can get these through now are with end user certificates from law enforcemnt or military. We are limited to existing inventories. Canadian customs does not enforce US regulations and cannot send them back if the items are legal in Canada. The $100 limit previously allowed does not apply to guns parts used for the the operation of the firearm. These regs have changed several times in the past and this is why Canadian dealers have problems keeping some hard to find items in stock and when they arrive why the price is more the the US retail.
 
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