Defender U.S. Duty/Tariff Rates
- Thread starter Dipodomys
- Start date
erover82
Well-known member
Stuck in customs two years, am I reading that right?
Bmoreau
Member
Whoops, I meant march 21st.
Hey Dipodomys, thanks for posting this. We've seen that too, and lots of it is just inconsistent.
We are still disputing ours, they are still held by customs since February 27th and we are still waiting for them to review our case properly. We're on our second dispute cycle and they asked for photos of the vehicles and paperwork to prove how they ARENT 25%, but they haven't given us any reasons as to why they ARE 25%! All we had was 'you need to pay more, these are not 2.5%' and we've asked twice to specifically specify how they aren't 2.5%, what rule or code they look at etc.
Its become a joke, and I spoke to the customs officer (they aren't meant to speak to us normal humans, only the customs brokers) and he was actually quite nice but said once its flagged, it goes to a different team and you need to submit photo's as they don't see the cars themselves, only a 'flag'. So its basically a persons opinion, not a hard and fast rule, or looking at some photos of a car, vs. pulling a VIN and having an actual set of logic to use.
We are 100% in for splitting costs / doing the work needed to support this. I imagine those who are avoiding the 25% (Newark is entirely 2.5% it seems) may hate us, but its either one or the other. OR we import into Newark then ship cross country, would be cheaper!
DM us if you want to chat more,
Tks
Bmoreau
Member
Well, it looks like I’m being hit with 25% too. My Customs Broker had me write a letter explaining that it’ll be personal use.
Customs responded and stated that usage doesn’t matter. They say it was built as a truck and it gets the truck rate of 25%.
There’s an extra $6800 I didn’t expect
Customs responded and stated that usage doesn’t matter. They say it was built as a truck and it gets the truck rate of 25%.
There’s an extra $6800 I didn’t expect
You shipped a 90, right? Sorry to hear that. We actually showed proof that the Defender 90 is shown as a light SUV in the UK, and in the US Land Rover themselves determine the Defender 90's as an SUV, not a truck. Our LR 2A even shows as a Sedan (equivalent to a Saloon here) and has fixed rear seats, literally bolted to the rear bed and cannot be lifted up and down.
We'd seen that one customs officer had given the reason that 'the rear seats lift up and down' as an excuse, to which we say 'and there's a button in the back of your Honda that drops the rear seats down, does that make it a truck?'...
It seems Port Hueneme is the most infected of the ports, with others such as Newark being entirely 2.5% duty rates that we are aware of. Have never heard of a 25% sting there. Makes for a good legal case, but doesn't help in the short term.
At least we hope you can enjoy your Defender!
Bmoreau
Member
Yep, it’s a 97 Defender 90. Luckily the seller is awesome and helped with the extra cost. I’m extremely irritated with this treatment at Hueneme and hope this isn’t the new norm
Just an FYI; We've submitted a FOIA request, and we're also speaking with our local politicians / mayors to raise this as something that is likely to stifle small businesses, limit imports, resort to people shipping into other ports around the US and therefore loss of business to Cali ports etc.
A long shot, as we're small fish, but every little helps... don't ask, don't get...!
Will keep all posted
A long shot, as we're small fish, but every little helps... don't ask, don't get...!
Will keep all posted
Bmoreau
Member
I’d be happy to contribute to the cause If you need me. Thanks for the info
I have only looked at the D90's import rulings and found them fairly consistent.
From what I read, you have to make sure the passenger carrying area is designed for passengers. If this is a temporary set up and can be used for carrying good (foldable seats for example), then this is 50-50 passenger cargo and you get hit with the 25% import duty rate. No safety belt is a no-no. Separate cab for driver vs. passenger is a no-no.
The Ford ruling was very interesting to me (BTW Ford.... not very smart to do what you did at the port of entry.....), and the part about "does not matter what this was built for, it is what it is now" makes sense and is sensible/reasonable to use (I should re-read that military 110 ruling since it was above 5 metric T and all).