Hello. Did anyone in USA ever received a package from Canada that contains tobacco since the PACT act? I am in a trade with another member here at snuffhouse and having done my research on the subject a little late I found myself stuck with a package that is held at the postal office at my demand. Because I found that, obviously, tobacco cannot be shipped from Canada to USA (Yet it can be shipped from US to Canada). According to Canada Post, any tobacco that is shipped to the USA will be seized by US Customs and that could even lead to criminal penalities! See section 3.3.2 on this page: http://www.canadapost.ca/tools/pg/manual/PGcustoms-e.asp#1382933 If any member have information on this subject or experience to share or have a way to work around this I would be very grateful. Right now I am not sure what to do.
Just to add some clarification to my original post, I was aware of the PACT act but I was in the impression that PACT applies only to commercial transactions. Apparently even a Gift could be seized. I know there were a few threads on PACT already but I didn’t found anything regarding trading or gifts. Copied below is Section 3.3.2 __________________________________________________ 3.3.2 Alcohol, Tobacco and Tobacco Products The mailing of alcohol or intoxicating beverages into the U.S.A. is prohibited by mail and when discovered by U.S. Customs and Border Protection (CBP) will be seized. The USPS will no longer accept packages with cigarettes; roll-your-own tobacco and smokeless tobacco in any quantity. Non-mailable cigarettes and smokeless tobacco are subject to seizure and forfeiture, and senders of non-mailable cigarettes or smokeless tobacco are subject to criminal penalties. For additional information, please contact the Alcohol and Tobacco Tax and Trade Bureau (TTB) at 1.202.927.5000 or 1.202.927.8100 (long distance charges will apply). __________________________________________________
Unless there are Canadian rules concerning this, canada post is full of it. PACT only applies to commercial transactions, though there is a limit on the amount you can send in one month. I believe it’s 200g/1 carton of smokes.
I think Canada post is mis-interpreting US law. PACT does specify that you can send non-commercial mailings, so long as its not more than 10 times a month. Also I really don’t see how Canada Post is in any position to make official statements regarding USPS or the Customs agency.
@Xander, I believe there is also a monthly mass limit, no?
^^ You are probably right though, though I can’t recall. I do remember the number of times per month, and oddly I think you can use USPS commercially if you mail from Hawaii to another address in Hawaii. Someone will no doubt go look it up now.
If I recall properly, Hawaii and Alaska were given exemptions as they were cut off from most distribution, not being part of the contiguous US. Edit: verb conjugation/spelling error.
also if you’re in hawaii you obviously ordering something you can’t get else where.
because of the shipping costs that is. I’ve heard a lot more stories of people getting things caught in customs from canada then anywhere else. For one thing I think there is more scrutiny. A lot of people order prescription medication from canada. So customs is a little more up tight then when checking other places. I imagine mexico to u.s. is the same way.
It sound like TTB might be overextending the enforcement of PACT to force it into applying to all shipments. If I remember correctly PACT allows non-commercial shipments inside the USA. The difference is that Canada tobacco hasn’t had USA’s excise tax paid. I’m in Indiana. If I mail legal tobacco to Ohio, TTB doesn’t care because the FET has already been paid. TTB isn’t concerned with state taxes… only their own. Funny thing is, shipments from UK and maybe EU don’t seem to get stopped often. I’d guess that Canada to USA customs has been given an initiative from TTB. Arbitrary enforcement is not uncommon on the Federal level.
Thank you all for your responses. For some reason the thread is not visible anymore from the Discussion tab. Hopefully it will be visible again with this message. I will look further to the TTB website. However, nobody can attest a positive experience with mailing from Canada to USA after PACT?
Ive tried to send snuff to the US and it didnt arrive. However Im still going to try!
(Hint) This works for me…ADD A CARD TO YOUR PRESENT (Wrap tobacco up inside the box as a gift) with a nice note Dear Cousin Barney, I’m so sad I couldn’t come and visit with you to help you celebrate your first 30th birthday. But to ease the shock of my not being able to be there I’ve enclosed a gift of your favorite spices for your lentil soup recipe (see customs declaration form). I certainly hope you like it. On another note you’re Aunty Gertrude tells me you’re getting married soon but prior to that you’re getting circumcised, I might be able to make the briss (http://www.thefreedictionary.com/Briss). I’ll bring you something special for that if I can make it. Your Cousin, Rabbi Patty O’ Furniture (I’m Jewish so I can add a spot of silliness about this), Besides this is more of an guide line rather than how the actual note should read. Be more serious when it comes to writing in the card. *** when I was young and stupid I used to order special seeds from canada and the customs form never mentions that. It simply stated “book marker” . It also listed a bogus return address. Pacakage always made it. So DON’T be so honest about the contents on the customs form. It can’t come back to haunt you. ****
As a Canadian I can say that I have NEVER had any problems sending or receiving tobacco products to the US and I have sent POUNDS of pipe tobacco to fellow members in trades without a problem and all this after PACT. If you think about it it should be the other way around, Canadian tobacco tax is ridiculous so its we Canadians that are getting our tobacco from the states. Why would Americans be getting their tobacco here when they can get the same stuff at their corner store for a fraction of the price. And I would also like to state that you NEVER say its tobacco on the custom forms, if you do then you’re just asking for trouble. So lie to your goverment just like they lie to you, they have no right to stick their grubby hands in your personal trades anyway.
@n9inchnails and @MrBen Thank you, that is some good input. However, I got the package kept by Canada Post personnel and already identified as tobacco. I don’t think I will be able to change it. “It’s already in the system” I’ve been told. It has just been put aside for now until I choose to try to get it back (not so easy to do apparently) or just let it go as it is. But I for sure will know what to do next time!
Just a quick update… We decided to let the package go with the custom form identifying the content as Snus. The package left on Tuesday and surprise! It arrived at destination yesterday, on Saturday, only 5 days later! (Now I didn’t knew US Postal service is running in the weekends). Maybe I got lucky, maybe it depends on the destination State, IDK. But end of story is, the trade was successful and I am very glad. Still, next time I ship something to US I will probably identify the content as non tobacco. Maybe ‘spices’ or ‘tea’? would work. Any better ideas?
I think you are better off labeling it as tobacco because if customs decides to open it they will see all the warning labels about tobacco and probably think that the package is suspicious. If it is labeled tobacco and they open and see that it is tobacco, they will probably just send it along. I think the PACT act was more targeted toward mail-order cigarette companies and it may not even be policy at the customs office to report tobacco packages.
PACT specifically stated customs wasn’t getting any extra money in the budget for this, so to be honest, I doubt things have changed much. You’re probably more likely to run into an overzealous Canadian customs worked giving you a hard time than someone on the US end doing it. I second Pike Moper on the customs form. Of course, you could always do what I do, and label it luktsnus. Technically, it’s a completely accurate description of the contents, but Norwegian/Swedish isn’t the most common second language.