Sapphyre

I figure since this is an immigration issue, someone here must know...

Over the past five years, I've attended tons of tradeshows, enough to
know that not all merchants in the US are from the US (or even legal
on the right visa), and I know that US merchants can sell in Canada so
long as they comply with the GST requirements for import (which is
totally a customs matter in Canada, not an immigration matter, so far
as I know).

I do know that it's legal for me, or my company that I work for, or a
company that I own to make sales and conduct business over the
Internet in Canada and ship goods to the US, or transport goods myself
to the US for delivery with either a 7523 or 7533, depending on
whether or not goods are over $2000 or not. My company regularly
dispatches a driver USA bound with customs documents, usually to
replace a shipment (we're talking 700 lbs in a cargo van, the purpose
for dispatching a driver is to have him take down the broken device
and pack, and replace with a new one), so that's a little bit more
grey than a straight sale. Most of our sales are done with shipping
companies using our broker to clear shipments.

I also know it's legal for me to bring goods that are for sale to the
post office and ship them, provided I have an invoice/bill of sale and
the transaction is completed and I'm only completing the delivery.

So my question is, if I wanted to participate in a trade show on the
US side of the border, and sell to the general public, what kind of
paperwork would I need? I do know for fact that there were about 10%
non-USA vendors at the last show I attended since the list of vendors
was made public in a newsletter I subscribe to. I was not one of the
vendors, but Customs/Immigration wanted to be sure of that (or that no
one had rented a table on my behalf) for me to see without proper
documents. Based on that, it's obvious that declaring goods "for sale
in US on US territory" is not legal, yet it seems that people do it.

Are they doing it illegally and finding loopholes?? The only way I can
see for them to legally import their goods, is for them to be
importing them for delivery to a US person, and the US person sells on
their behalf, and it's dicey as to whether or not that's legal.

But if there's a permit or visa that allows someone to do this, could
someone please tell me so I can read paperwork? Since the company I
work for wants to attend shows and sell in the US (our product), and
since I manufacture myself goods for sale on the Internet, being able
to attend shows in person would be beneficial for me personally, and
the company I work for (as a separate situation). But so far as I
know, this isn't legal... yet people are doing it, so I guess my
question is, are they breaking the law and haven't been caught? Or did
they do this legally and I just don't know how to do that because no
one told me yet?

Thanks in advance,
S.

Rj

"Sapphyre" <[email protected]> wrote in message
news:[email protected] oups.com...
>I figure since this is an immigration issue, someone here must know...
>
> Over the past five years, I've attended tons of tradeshows, enough to
> know that not all merchants in the US are from the US (or even legal
> on the right visa), and I know that US merchants can sell in Canada so
> long as they comply with the GST requirements for import (which is
> totally a customs matter in Canada, not an immigration matter, so far
> as I know).
>
> I do know that it's legal for me, or my company that I work for, or a
> company that I own to make sales and conduct business over the
> Internet in Canada and ship goods to the US, or transport goods myself
> to the US for delivery with either a 7523 or 7533, depending on
> whether or not goods are over $2000 or not. My company regularly
> dispatches a driver USA bound with customs documents, usually to
> replace a shipment (we're talking 700 lbs in a cargo van, the purpose
> for dispatching a driver is to have him take down the broken device
> and pack, and replace with a new one), so that's a little bit more
> grey than a straight sale. Most of our sales are done with shipping
> companies using our broker to clear shipments.
>
> I also know it's legal for me to bring goods that are for sale to the
> post office and ship them, provided I have an invoice/bill of sale and
> the transaction is completed and I'm only completing the delivery.
>
> So my question is, if I wanted to participate in a trade show on the
> US side of the border, and sell to the general public, what kind of
> paperwork would I need? I do know for fact that there were about 10%
> non-USA vendors at the last show I attended since the list of vendors
> was made public in a newsletter I subscribe to. I was not one of the
> vendors, but Customs/Immigration wanted to be sure of that (or that no
> one had rented a table on my behalf) for me to see without proper
> documents. Based on that, it's obvious that declaring goods "for sale
> in US on US territory" is not legal, yet it seems that people do it.
>
> Are they doing it illegally and finding loopholes?? The only way I can
> see for them to legally import their goods, is for them to be
> importing them for delivery to a US person, and the US person sells on
> their behalf, and it's dicey as to whether or not that's legal.
>
> But if there's a permit or visa that allows someone to do this, could
> someone please tell me so I can read paperwork? Since the company I
> work for wants to attend shows and sell in the US (our product), and
> since I manufacture myself goods for sale on the Internet, being able
> to attend shows in person would be beneficial for me personally, and
> the company I work for (as a separate situation). But so far as I
> know, this isn't legal... yet people are doing it, so I guess my
> question is, are they breaking the law and haven't been caught? Or did
> they do this legally and I just don't know how to do that because no
> one told me yet?
>
> Thanks in advance,
> S.
>

You may not represent US made goods in the US, or goods made outside the US
IF there is a US distributor, branch, agent, etc. However, you CAN represent
a foreign made product, if there is no US representative, and you can take
orders. You cannot make delivery of the product and collect money during the
same visit to the US.
If there are/were vendors collecting money and delivering, or representing a
US product, then they were violating the INA section 212(a)(5)(A).

Sapphyre

On May 13, 10:50 am, "RJ" <[email protected]> wrote:
> You may not represent US made goods in the US, or goods made outside the US
> IF there is a US distributor, branch, agent, etc. However, you CAN represent
> a foreign made product, if there is no US representative, and you can take
> orders. You cannot make delivery of the product and collect money during the
> same visit to the US.
> If there are/were vendors collecting money and delivering, or representing a
> US product, then they were violating the INA section 212(a)(5)(A).- Hide quoted text -

In all cases, the goods are Canada-made, by Canadian citizens. There
is no representative in the United States to sell on our behalf.

Basically, if I had samples of the product made by my company (like a
showroom), we could take orders for the product, and then ship the
product from Canada and process payment in Canada on a later date. But
we cannot deliver at the same show and receive payment on the spot, if
I understand what you're saying correctly.

The vendors at the trade show I attended were from Canada and Europe,
but I think the product was also from Canada and Europe (or where ever
they were from). I remember meeting and purchasing from a guy in
Switzerland, Europe-made goods. I paid cash and received goods on the
spot. Then my mind went back to the questions my friend got at the
border about whether or not he'd be taking money for goods, or the
items in our car were just samples, and I thought maybe this gentleman
had not brought his goods and declared them as "for sale on US soil"
but rather as "delivery to an address" in order to import his product.

It's all very confusing for me... but in all cases, not a US product,
so I'm not sure how that works. But as I understand it, I can't even
represent a foreign good and make sale/delivery at the same time, just
take orders if attending a trade show.

Is there any Visa a Canadian (or other national) could get to be able
to sell/deliver on the spot?

S.

Rj

"Sapphyre" <[email protected]> wrote in message
news:[email protected] ups.com...
> On May 13, 10:50 am, "RJ" <[email protected]> wrote:
>> You may not represent US made goods in the US, or goods made outside the
>> US
>> IF there is a US distributor, branch, agent, etc. However, you CAN
>> represent
>> a foreign made product, if there is no US representative, and you can
>> take
>> orders. You cannot make delivery of the product and collect money during
>> the
>> same visit to the US.
>> If there are/were vendors collecting money and delivering, or
>> representing a
>> US product, then they were violating the INA section 212(a)(5)(A).- Hide
>> quoted text -
>
> In all cases, the goods are Canada-made, by Canadian citizens. There
> is no representative in the United States to sell on our behalf.
>
> Basically, if I had samples of the product made by my company (like a
> showroom), we could take orders for the product, and then ship the
> product from Canada and process payment in Canada on a later date. But
> we cannot deliver at the same show and receive payment on the spot, if
> I understand what you're saying correctly.
>
> The vendors at the trade show I attended were from Canada and Europe,
> but I think the product was also from Canada and Europe (or where ever
> they were from). I remember meeting and purchasing from a guy in
> Switzerland, Europe-made goods. I paid cash and received goods on the
> spot. Then my mind went back to the questions my friend got at the
> border about whether or not he'd be taking money for goods, or the
> items in our car were just samples, and I thought maybe this gentleman
> had not brought his goods and declared them as "for sale on US soil"
> but rather as "delivery to an address" in order to import his product.
>
> It's all very confusing for me... but in all cases, not a US product,
> so I'm not sure how that works. But as I understand it, I can't even
> represent a foreign good and make sale/delivery at the same time, just
> take orders if attending a trade show.
>
> Is there any Visa a Canadian (or other national) could get to be able
> to sell/deliver on the spot?
>
> S.
>

I'm not aware of any such visa.

Sapphyre

On May 13, 4:19 pm, "RJ" <[email protected]> wrote:
> I'm not aware of any such visa.- Hide quoted text -

Would having a US agent/distributor acting on our behalf while all we
do is make delivery of product be an acceptable solution?

Do we have to have received payment or agreement for sale before
product is delivered, or can we deliver our product in quantity and
receive payment as they are sold by our US counterpart?

I know it seems technical, but there seems to be confusion about the
rules. My boss is looking to distribute in the US and doesn't know how
to do it. Meanwhile, I'd like to start a business of my own and would
likely have more interest by US buyers than Canadian buyers, but am
trying to decide if I should only sell online, or if it's legal to
import (and how to do that). If my boss manages to succeed at any of
his ideas, I'm paying attention to how he does things the legal way.

S.