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Mailing Tobacco to Canada - Applicable Regulations Jan. 2012

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schmitzbitz

schmitzbitz

Lifer
Jan 13, 2011
1,165
2
Port Coquitlam, B.C.
Lately, a few people have had issues trading tobacco with those of us north of the 49th. This is due to changes in the Canada/U.S. border agreement; and Canada Post/CBSA failing to properly inform people of the applicable regulations. Currently, the following legislation is what applies:
From Canada Post - Customs Requirements Guide

2.3.2
Tobacco and Tobacco Products
The importation of tobacco products must meet the requirements of the following:
Stamping and Marking of Tobacco Products Regulations (visit http://laws.justice.gc.ca/en/showtdm/cr/SOR-2003-288 for more information)

Tobacco Act (visit http://laws.justice.gc.ca/en/T-11.5/ for more information).
NOTE:
Labelling and stamping requirements of the Tobacco Regulations do not apply when an individual imports five or less units of packaged tobacco. A unit is defined as: 200 cigarettes; 50 cigars; 200 tobacco sticks; or 200 g of manufactured tobacco.
Tobacco importations are not eligible for the $20CDN duty and tax exemption or as gifts. The CBSA will assess duties and taxes on tobacco products.
Questions pertaining to the importation of tobacco should be addressed to:
TOBACCO ENFORCEMENT UNIT

2301 MIDLAND AVE

SCARBOROUGH ON M1P 4R7

1.866.318.1116
Click to expand...
And; from Canada Post - Non-Mailable Matter Guide
3.2
Tobacco
Tobacco products are non-mailable unless:
the shipments are intra provincial (within province only)

the shipment is between manufacturers and retailers or between retailers. These items can only be shipped by Customers using Electronic Shipping Tools (EST) and selecting the “PROOF OF AGE (18 or 19) option

the product is a replacement product (free of charge) mailed by a manufacturer to a consumer

the person is otherwise exempted by the regulations

they are imported in limited quantities for personal consumption and meet the requirements of the Canada Border Services Agency’s enforcement of the Tobacco Act.
NOTE 1:
A unit is defined as: 200 cigarettes; 50 cigars; 200 tobacco sticks; or 200 g (7 ounces) of manufactured tobacco. Amounts in excess of five units are subject to the labelling and stamping requirements of the Tobacco Department Regulations.

2:
The originator of the shipment is solely accountable to ensure all tobacco shipments meet the requirements defined within the Tobacco Act.
For additional information, refer to the Stamping and Marking of Tobacco Products Regulations or the Tobacco Act on the Department of Justice website.
Click to expand...
As such; while it is still acceptable for Canadians to receive small amounts of tobacco (less than 200g) in the mail from out-of-country, so long as it is for personal use. That said, there is no-longer a duty-free amount; rather it is left to the discretion of the CBSA inspector at the packages port of entry.
Edit: By the way Kevin, I was able to successfully appeal the duty charge we were talking about last week...although I shouldn't have been. Man, I need to get a government job, so I can follow my own rules too!

 
withnail

withnail

Part of the Furniture Now
Oct 30, 2011
737
1
United Kingdom
Tobacco Regulations do not apply when an individual imports five or less units of packaged tobacco. A unit is defined as: 200 cigarettes; 50 cigars; 200 tobacco sticks; or 200 g of manufactured tobacco.
Click to expand...
Interesting stuff, but just a quick note. If you can receive up to 5 units of tobacco for personal use and each unit is defined as being 200g, surely you could receive up to 1kg in total? Although, maybe the 200g would need to be in a single packet or carton of packages.

 
mluyckx

mluyckx

Lifer
Dec 5, 2011
1,958
3
Texas
The sucky part of this is that when we send you guys a sample, like 1 Oz or so, you never know if you're going to get hit up for a tax. For 1 Oz.. I'd let the CSBA inspector have it. Perhaps he can get a pipe, fill his own bowl and join this forum :rofl:

 
dimm

dimm

Might Stick Around
Jan 7, 2012
74
9
Montréal, Canada
Sounds like a risk I'm willing to take... either go to a store and pay at least 20$ per 50g or or buy online and maybe pay that much. There are a couple local stores I would be willing to support and give them my money once in a while. And I by no means want to break the law but if there's a loophole from paying taxes on tobacco I am more than willing to abuse it.

 
nsfisher

nsfisher

Lifer
Nov 26, 2011
3,566
20
Nova Scotia, Canada
am i to assume that i can no longer recieve 200g duty or tax free???. That means maybe i will have to pay duty or maybe i won't, depending on the big wig at custom?

 
schmitzbitz

schmitzbitz

Lifer
Jan 13, 2011
1,165
2
Port Coquitlam, B.C.
Interesting stuff, but just a quick note. If you can receive up to 5 units of tobacco for personal use and each unit is defined as being 200g, surely you could receive up to 1kg in total? Although, maybe the 200g would need to be in a single packet or carton of packages.
Click to expand...
Technically, one could receive (up to) 1kg of tobacco, however there are two issues that one could run into.
1) Duty: Canadian duty on a kilo of tobacco would be insane. A 50g tin with a value of $8.00 runs me $17.73 in duties...on a kilo, I would be looking at somewhere around $3,500.
2) The mailing exemptions for private citizens only cover "small amounts for personal consumption". While I certainly consider a kilo to be "personal", I can't argue that it is a small amount. One must also consider that 1kg is the maximum allowable amount of tobacco for imporation without applicable licencing as a vendor; something that CBSA certainly will consider.
Dimm, most of the time it's still cheaper to order out of the U.S., even if you get assessed duty. You don't have to pay the markup that Canadian B&M's all sport...the tin that I refered to above would have run me $50 at the local B&M, so the $23.75 after duty is all good with me!
NS; thats exactly what this means. Fortunately CBSA don't do a very good job...
This was more for the folk who are worried that they can no longer deal with us Canucks; to let them know they still can.

 
nsfisher

nsfisher

Lifer
Nov 26, 2011
3,566
20
Nova Scotia, Canada
well something funny is goin on cause its been 9 days since sterling tobacco mailed my baccy and it aint here yet. and i sent 2oz to Zanthal 2 weeks or more ago and he didnt git it yet,

 
schmitzbitz

schmitzbitz

Lifer
Jan 13, 2011
1,165
2
Port Coquitlam, B.C.
Oddly, I've noticed the opposite...the two packages I've received since the changes in legislation arrived in record time, one dinged and one not (both properly declared).
As for packages going out, I can't say; I've only sent three since January 1, and they only went out last Friday. I am concerned that the confusion over the US / Canada agreement and PACT is going to cause us a whole ton of headaches...perhaps it's time to bite the bullet and use UPS for all my shipping needs.

 
rd02sir

rd02sir

Can't Leave
Nov 1, 2011
415
1
Well I just ordered another 12oz from Boswells. The first time was around nov/dec and they marked it as hobby supplies, didn't get charged anything. I am still waiting the package that was ordered last Wednesday.
I also ordered some tins from p&c to a ups store over the border. Planning to drive over to get them either tomorrow or Wednesday. I'll see how that goes. Hopefully they don't charge me.

 
schmitzbitz

schmitzbitz

Lifer
Jan 13, 2011
1,165
2
Port Coquitlam, B.C.
you didnt have to pay duties on your santa package from me did you?
Click to expand...
Nope, I didn't; the new regs didn't go into effect until January 1st - prior to that up to 200g could be sent as a gift duty free (although you would often have to appeal the charge with CBSA).

 
schmitzbitz

schmitzbitz

Lifer
Jan 13, 2011
1,165
2
Port Coquitlam, B.C.
The easiest way to lodge an appeal is when the package is delivered...if you pull oft the CBSA Bill of paying, there are instructions on the back. Conversely, you can refuse delivery, and note to the postal carrier you wish to appeal the charges. They will make the appropriate notations on the packing slip for CBSA, who will then contact you. The other option is to contact the CBSA Casual Refund Office responsible for your area (listings found on CBSA site).
Remember, if you are appealing tariffs charged pre-January 1, you are only duty exempt if the value of the package is less than $20 CAD and below 200g weight.
When returning from the US, the duty exempt amount (following 24h outside of Canada, of course) is a scant 200g / $20 CAD per person.

 
carpart67

carpart67

Lurker
Jan 21, 2012
43
0
Nova Scotia, Canada
Thanks for the info!
I live in Nova Scotia. I just purchased my first tobacco online earlier this month. It was aprox 100 grams and I didn't get charged any additional duties or taxes. Hope the same thing happens next time!

 
majilton

majilton

Might Stick Around
Jan 18, 2012
94
0
Send the package out as promotional items :D dont know about some countries but promotional packages they usually let through.Ive been doing it this way a long time after i was hit for a item i got from france from ebay

 
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