That's actually a good sign to some degree. You have the carrier paying attention and providing service. Unless the buyer included a few Cuban cigars in the order there's no reason we're aware of this shipment shouldn't pass through.
Estervals To Recommence Shipping to USA [5.23.21]
- Thread starter greeneyes
- Start date
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True.
I've looked through a number of Customs docs regarding importation of tobacco into the US for personal use and what seems clear is that there is no clear guideline. Much seems to be left to the discretion of individual Customs operations which will vary from one port to another.
It may be that the order is a large one and threw up a flag. Or they may be charging duty on it, which they are entitled to do when the amount goes above whatever murky guidelines are stated. We'll know more when the member reports back.
or maybe it can be this....
Excluded commodities for DHL Freight
Please note that DHL Freight does not transport the following types of goods through its network:
Weapons and ammunition
Dangerous Goods:
-
Class 1 (explosives with the exception of UN codes 0323, 0432, 0454 and UN code 0014 with respect to cartridges for tools only) - Class 1 (explosives with the exception of UN codes 0323, 0432, 0454 and UN code 0014 with respect to cartridges for tools only)
-
Class 2.3 (toxic gases)
-
Class 4.1 (self-reactive substances requiring temperature control, UN 3231 to 3240, UN 3533, UN 3534, UN 3364, UN 3365, UN 3367 and UN 3368) - Class 4.1 (self-reactive substances requiring temperature control, UN 3231 to 3240, UN 3533, UN 3534, UN 3364, UN 3365, UN 3367, UN 3368)
-
Class 5.2 (organic peroxides requiring temperature regulation, UN Nos. 3111 to 3120) - Class 5.2 (organic peroxides requiring temperature regulation, UN Nos. 3111 to 3120)
-
Class 6.1 (toxic substances of Packing Group I) - Class 6.2 (organic peroxides requiring temperature regulation, UN Nos. 3111 to 3120)
-
Class 6.2 (infectious substances) - Class 6.1 (toxic substances of Packing Group I) - Class 6.2 (infectious substances)
-
Class 7 (radioactive substances)
-
Class 9 (UN codes 2212, 2590, 2315, 3151, 3152) and damaged or defective lithium-ion batteries and lithium metal batteries (UN 3480, 3481, 3090 and 3091) as defined in Special Provision 376, and battery-powered vehicles (UN 3171) whose battery is damaged or defective as defined in Special Provision 376. Exceptions are possible only for the batteries and battery-powered vehicles mentioned above. These require the express written approval of DHL Freight prior to the commencement of business.
Waste, live botanical resources, livestock, animals, perishable goods
Money, precious metals, jewelry, precious and semiprecious stones, works of art, antiques, checks, ready-to-use credit cards, coins, stamped paper, valid telephone cards
Any method of payment, securities (collateral), valuables, documents, personal property, bulk materials
Finished tobacco products (cigarettes, cigars, etc.)
Excluded commodities for DHL Freight
Please note that DHL Freight does not transport the following types of goods through its network:
Weapons and ammunition
Dangerous Goods:
-
Class 1 (explosives with the exception of UN codes 0323, 0432, 0454 and UN code 0014 with respect to cartridges for tools only) - Class 1 (explosives with the exception of UN codes 0323, 0432, 0454 and UN code 0014 with respect to cartridges for tools only)
-
Class 2.3 (toxic gases)
-
Class 4.1 (self-reactive substances requiring temperature control, UN 3231 to 3240, UN 3533, UN 3534, UN 3364, UN 3365, UN 3367 and UN 3368) - Class 4.1 (self-reactive substances requiring temperature control, UN 3231 to 3240, UN 3533, UN 3534, UN 3364, UN 3365, UN 3367, UN 3368)
-
Class 5.2 (organic peroxides requiring temperature regulation, UN Nos. 3111 to 3120) - Class 5.2 (organic peroxides requiring temperature regulation, UN Nos. 3111 to 3120)
-
Class 6.1 (toxic substances of Packing Group I) - Class 6.2 (organic peroxides requiring temperature regulation, UN Nos. 3111 to 3120)
-
Class 6.2 (infectious substances) - Class 6.1 (toxic substances of Packing Group I) - Class 6.2 (infectious substances)
-
Class 7 (radioactive substances)
-
Class 9 (UN codes 2212, 2590, 2315, 3151, 3152) and damaged or defective lithium-ion batteries and lithium metal batteries (UN 3480, 3481, 3090 and 3091) as defined in Special Provision 376, and battery-powered vehicles (UN 3171) whose battery is damaged or defective as defined in Special Provision 376. Exceptions are possible only for the batteries and battery-powered vehicles mentioned above. These require the express written approval of DHL Freight prior to the commencement of business.
Waste, live botanical resources, livestock, animals, perishable goods
Money, precious metals, jewelry, precious and semiprecious stones, works of art, antiques, checks, ready-to-use credit cards, coins, stamped paper, valid telephone cards
Any method of payment, securities (collateral), valuables, documents, personal property, bulk materials
Finished tobacco products (cigarettes, cigars, etc.)
| mié, 2 jun 22:59 (hace 22 horas) | |||
|
my credit card still shows a charge of 99,15 euros?
How can you get a refund to me?
---------------------------------------------------------------
| 13:05 (hace 8 horas) | ||||
|
good day,
the amount has only been reserved, we will not debit anything.
After about 3 weeks we will release the reserved amount.
best regards
Madelyne Holst
----------------------------------------------------
that is, on top of not sending me my money for 3 weeks?
I have already claimed this, I'll tell you how it ends up
Or not. DHL has a commercial contract with Estervals and would have known when setting it up what business Estervals is in. Shipping companies can, at their discretion, set aside prohibitions for their commercial clients, or grandfather in prior agreements. That happens here with tobacconists.
I made a cart yesterday and got a notice in checkout Stating that the items weren’t able to be shipped to the US. Curiously, DHL standard was the only option( I didn’t see express).
Pretty sweet racket. Collect the interest while holding up the cash.
Hope it turns out well for you?
yes, I agree, but transport companies cannot in any way bypass the bans adopted by the EU or a specific country, no matter how many companies they are .....
I don't know about the USA, in the EU it's like this.... if the EU says NO, it's NO...
I don't know, maybe they won't even bother to respond to my letter demanding an immediate refund or to proceed with the shipment ....
I have clear, today I consult it, that the right as a consumer is being violated, under no circumstances a trade can retain the money of a consumer for three weeks ... or delivers the goods or return the money ... and this protects me the right as a consumer in Spain and the EU....
the failure is clearly theirs, if they intended to stop selling to EU countries, the first thing to warn them, the second, not to let them finalize the purchase and collect the money, I have an email as proof of my payment sent by them ...
before coming to this, they should have done as Esterval, first warn and then, on June 1st, the date for which they warned, you could not place an order from an EU country ...
if DAN PIPE did not warn or correct this, it is their problem, not mine, my money is mine and not theirs, either the money or the purchase, they decide...I already told them. Besides, if it was definitely banned, it is from July 1, so now you can send and you know it
this is my answer
Hello Madelyne
thank you for your reply, very kind but NO.
Yesterday you had your website available for the purchase of your products online in the EU countries, being able to complete a purchase and even sending confirmation of the payment received.
If you had decided not to send any more to EU countries, you should have taken care to disable the possibility of purchase and payment, but you didn't, this is your problem, not mine.
In Spain, Germany, in short throughout the EU there are laws, rules and rights, both for the seller and for the consumer and they are well regulated and registered, I, like you, am protected by these laws and I refer to them with this answer.
You have every right not to send any more to EU countries, of course, also to cancel any order, of course. But, Madelyne, under no circumstances can you withhold my money for 3 weeks for your unilateral decision to cancel the order and not to ship to EU countries.
Those 90,15€ are mine and I want to dispose of them immediately, because it is my money, not yours, and I will not be able to dispose of it in 3 weeks because you have placed a hold (your computer system, I suppose) for not having it updated, I do not have to pay the consequences of a unilateral decision of yours and an error or negligence by not updating your website and allowing the purchase.
At the moment, as we both know, the new OSS law for ecommerce does not come into force until July 1st, therefore, until then you can send tobacco to the EU, after July 1st, it remains to be seen if you can or not...you have decided to go ahead to that date, which you can also do it...but not what has happened with my order, and some others that I know my friends have suffered the same treatment from you..
Then I will tell you what happens now with my 90,15 € and this situation, under the protection of consumer protection laws, Spanish, EU and, I suppose, German as well.
You have three easy options:
- You process and send me what I have just paid in a purchase on your website, which is the logical and normal thing to do because it was allowed.
- You immediately cancel the withholding and give me back the money because I want and wish to have my money NOW or my purchase, it's your choice.
- If you can not cancel the withholding because your computer system, your bank or any circumstance does not allow it,I suggest you issue a deposit of the amount of 90.15 € to my credit card immediately or proceed to the processing and shipment of the order.
I expect a satisfactory response to this unfortunate matter and a solution by tomorrow morning or I will take appropriate action with the Consumer Organization in Spain and the EU for them to decide on this situation.
Thank you for your attention
Regards
It's the same here. Policies adopted by individual companies that are not a matter of settled law are another matter.
There might well be more going on. From the FDA web site:
“Tobacco products imported or offered for import into the United States must comply with all the applicable requirements under the Federal Food, Drug, and Cosmetic Act (FD&C Act). You can find more information on the Importing and Exporting webpage.
You can also learn more about the importation process in the FDA Regulatory Procedures Manual, Chapter 9, Import Operations and Actions.
If you have questions about importing a specific tobacco product, please contact the FDA district into which your product will be imported.“
Just because there is a business purpose (read backwards, a personal use exemption) requirements for Customs does not mean the FDA regs or the underlying statute have a personal use exemption. There might be one, but I haven’t found it.
It seems to me that, given the increasing frequency with which people are sharing details with me about their ordering pipes from Italy, that the FDA is taking a more active, though still sporadic and unpredictable, role in clearing imports of tobacco products. Including pipes, in the cases I know of. They would coordinate with Customs, but you might not know it. In every Customs District I know of, which is only a few, there is a close by FDA facility.
I just won a bid for a pipe that is in Canada. And I'm in the US. Wish me luck . . .
Regular post will probably be ok.
The reply
“I'm Alana following up with you regarding the above referenced DHL Express tracking number in the subject line. Please note, DHL does not allow the importation of tobacco for individual use. You must be a have a Tobacco Permit and Completed Power of Attorney with Proof of IRS. We also needed to verify the manufacturer’s name and complete physical address. Your shipment will be returned to origin (shipper). You can monitor online for the return airway bill/tracking number and for the return delivery at MyDHL.com I will close the import file at this time. If you have additional questions please call Customer Service at 1-800-225-5345. Thank you for using DHL Express.”
Don‘t expect consistency from one shipment to the next, Their mention of an IRS requirement flatly contradicts the actual Internal Revenue Code language, but they can interpret the rules however they want to. “DHL does not allow... “
I can appreciate people's desire to acquire HU and some other blends offered by Estervals. However, unless you like to gamble a bit, you might be well served to have some patience to see how this new shipping "solution" pans out.
Or just wait until the Ohio Pipe Show.....pick some up there.
"DHL does not allow" is not the same as prohibition at the Customs level.
From the DHL EXPRESS SERVICE & RATE GUIDE 2021 UNITED STATES:
I don't see how the seized order violated any of these conditions.
Now, there are other DHL products, such as DHL Global Forwarding, which outright prohibit tobacco. Finally, the above information was taken from the DHL Express guide for the United States. The DHL Express guide for the United Kingdom apparently prohibits tobacco outright.
I need to get to the bottom of this.
From the DHL EXPRESS SERVICE & RATE GUIDE 2021 UNITED STATES:
"Restricted Items: The following items will NOT be accepted for carriage unless otherwise agreed to by DHL. To obtain such agreement, a business case will need to be conducted by DHL and the items approved for carriage will be recorded in writing with the customer.
Cigarettes, cigars, tobacco products and electronic cigarettes with a shipment value in excess of EUR 500,000."
I don't see how the seized order violated any of these conditions.
Now, there are other DHL products, such as DHL Global Forwarding, which outright prohibit tobacco. Finally, the above information was taken from the DHL Express guide for the United States. The DHL Express guide for the United Kingdom apparently prohibits tobacco outright.
I need to get to the bottom of this.
