TheSamba.com :: View topic - Importing a singlecab and the 'Chicken Tax', screwed by CBP

Wed Jul 27, 2016 12:48 am

I had the wonderful opportunity for US Customs to screw me yesterday. Joking! I was in Tacoma, importing my #90 production, 1985 Syncro singlecab from Germany. The Tacoma CBP agent charged me the full 25% truck duty on an old, worn, rusty antique. It's not like this is in any way taking away from the sales of US trucks, so why the ridiculous duty? My Doka was 2.5%.

I'm curious what others have experienced and if you got away with the 2.5% duty, how did you do it? I'm fairly upset at the whole situation, since first they charged me 2.5%, but claimed that I had to bring the vehicle to the office after retrieving it from the port for 'the last document stamp'. That's when the jerk shook his head, got mad, and rewrote the paperwork.
Now, I've imported a couple other T3s, and never had to show the car to customs - nor did I ever need that 'last stamp' to title, as this guy said was required. I feel screwed, but am planning to file an appeal. Any ideas, documentation you might have to share to help win my case?

Wed Jul 27, 2016 1:05 am

Anything classified as a commercial light truck vs, a passenger vehicle gets the chicken tax. It didn't have much to do with chickens, by the way.

Wed Jul 27, 2016 1:40 am

Abscate wrote: It didn't have much to do with chickens, by the way.

No? It was an import duty imposed on various items including light trucks by the US government in retaliation to import tarriffs imposed by European counties on chicken products exported by the US.

Wed Jul 27, 2016 5:31 am

What is your VIN number?

The third digit signifies whether it is a truck or multipurpose vehicle.
1 = truck, 2 = mpv

The digits # 7&8 are also a code from VW saying what model it is. For example the #25 indicates a Vanagon.

You might be able to go back and clarify it's status based on what it was designated by VW if it is in your favor.

http://www.gowesty.com/tech-article-details.php?id=110[/u]

Wed Jul 27, 2016 6:01 am

Really hard to argue that a singlecab is anything other than a truck.
I showed the border guy the driver door vin tag on my doka that clearly says "TYPE/multipurpose passenger vehicle" and we agreed that since it is a 6 seater that was the correct designation and got charged the lower rate.

Wed Jul 27, 2016 6:06 am

Steve M. wrote: The third digit signifies whether it is a truck or multipurpose vehicle. 1 = truck, 2 = mpv

Thanks for that, Steve. The thngs I used to know but forgot .... :wink:

My w-weekender, tin-top and doka all have '2' and the sinka has '1'.

Technically the custom agent is correct although he didn't have to do what he did (insist on seeing it, making changes) to save the US trucking industry.

The PO of my sinka imported it from Canada and verbally told me he did not pay the chicken tax because he found someone to classify it as 'transporter' which, according to him, means it wasn't a truck to the tending agent (more like a MPV). This is what I shared over on FB regarding same topic.

Then just out curiosity I delved deep into my sinka documents folder not long ago and - voila - he did in fact pay the chicken tax !!!

So my thinking now, Karl .... was the purchase price low enough that this tax paid is not worth dickering over ?

Meanwhile, hope you find some loophole documents from somewhere to circumvent this antiquated law that should long since have been legally removed.

Wed Jul 27, 2016 6:41 am

Oh well...make a great omelet out of it!

Wed Jul 27, 2016 9:06 am

Hmmm, well WV2ZZZ.....

Wed Jul 27, 2016 9:50 am

Instead of looking at it like you got screwed you should consider yourself lucky that you got the Doka in at 2.5%. If you read the rules all trucks clearly fall under the 25% tariff.

Someone at CBP is spreading the word apparently as a couple people recently (including myself) have had shipments "audited" after the fact and the 25% tariff applied. I appealed the decision and lost. They claim that any vehicle (including a panel van) that has a "signifigant" amount of space designed for the purpose or carrying cargo rather than passengers falls under the 25% duty.

Wed Jul 27, 2016 9:57 am

Now you guys are scaring me as mine is coming in on Aug. 4th!
However, if going by the VIN, mine is designated by VW as mpv and a Vanagon...I really don't need the CB person to feel they can re-interpet the manufacturer's classification to something it isn't!

Wed Jul 27, 2016 11:01 am

Syncrozilla wrote: Someone at CBP is spreading the word apparently as a couple people recently (including myself) have had shipments "audited" after the fact and the 25% tariff applied. I appealed the decision and lost. They claim that any vehicle (including a panel van) that has a "signifigant" amount of space designed for the purpose or carrying cargo rather than passengers falls under the 25% duty.

That's a profound attitude change. I was hoping they'd slack off the other direction.

I still suspect, for now, it may be tax-easier bringing in a Canadian earmarked doka/sinka (than importing directly from Europe) because they usually have the EPA and other stickers customs like to see but it's still up to the agent you get.

An elderly guy from Salem, OR brought in a Canadian doka 2wd tristar about four years ago and they charged him absolutely nothing, not even the 2.5%, and he has the documents to prove it !

Wed Jul 27, 2016 11:26 am

WestyBob wrote:

I still suspect, for now, it may be tax-easier bringing in a Canadian earmarked doka/sinka (than importing directly from Europe) because they usually have the EPA and other stickers customs like to see but it's still up to the agent you get.

If the cars are EPA exempt (over 25 years old) then CBP could care less about what stickers the cars have or don't have. CBP of coarse is a federal agency so these rules would apply to everyone bringing in anything.

You are correct though that the EPA and emissions labeling of a Canadian car makes the registration / smog process a lot easier in some states but that's a state issue.

The feds have no problem letting you bring in something that may not be legal in the state you live in.

Wed Jul 27, 2016 3:53 pm

Syncrozilla wrote: Instead of looking at it like you got screwed you should consider yourself lucky that you got the Doka in at 2.5%. If you read the rules all trucks clearly fall under the 25% tariff.

Someone at CBP is spreading the word apparently as a couple people recently (including myself) have had shipments "audited" after the fact and the 25% tariff applied. I appealed the decision and lost. They claim that any vehicle (including a panel van) that has a "signifigant" amount of space designed for the purpose or carrying cargo rather than passengers falls under the 25% duty.

Part of it was I screwed myself by going back. In looking at paperwork from the last two I imported, neither had this 'additional stamp' on the paperwork, so i would have been fine just taking the truck directly from port and driving home, as the customs delivery ok stamps were all done. The agent did say that IF there were seats in back it would have been ok.
FWIW, an antiquated BS law still doesn't make it 'OK' for the government to steal. And, I disagree with being 'lucky' in the doka importation, it is clearly an MPV. I doubt the fugly Honda 'truck' thing gets hit with the 25% tax.

Wed Jul 27, 2016 5:01 pm

file an appeal with the agency

Wed Jul 27, 2016 5:06 pm

Mellow Yellow 74 wrote: Abscate wrote: It didn't have much to do with chickens, by the way.

No? It was an import duty imposed on various items including light trucks by the US government in retaliation to import tarriffs imposed by European counties on chicken products exported by the US.

The tax was implemented that way, but it was a quid pro quo from Johnson to avoid a UAW strike during an election year.

Making chicken sausage ain't pretty.

Wed Jul 27, 2016 5:12 pm

Throw some seats in the bed like Subaru did with the Brat and Ford does with Contour to this day.
If it has 4 seats, its not a truck. Thats why the Doka got in cheap and the Sinka didn't.

Wed Jul 27, 2016 6:05 pm

Just imported my Doka Syncro 16 from Europe to Port of Tacoma last month. Was charged the 2.5% duty. Had to take it to customs for visual inspection to verify the VIN. Got the magic stamp on the Customs form. Needed the stamped form to apply for WA title. Years ago I imported a Syncro Sinka from Canada into WA. Was charged only 2.5% at the border. They never even went outside to look at it.

Wed Jul 27, 2016 7:59 pm

westyventures wrote: I doubt the fugly Honda 'truck' thing gets hit with the 25% tax. that's because they all have been made in the USA or Canada - just like the big 3 do.

No company is importing and skipping the Chicken Tax, unless they do something tricky like Ford stripping the seats out after they arrive here (Transit Connect), which has drawn notice and criticism - and that loophole could be closed in the future.

I don't like the law, as I wish we could get the real Toyota HiLuxe here, along with many others, but Toyota probably would not bother importing it anyways.

Thu Feb 23, 2017 7:43 am

It really is a mixed bag of bureaucratic crap. I imported a Syncro Doka last year into the Golden State and somehow didn't have to pay a dime. The value was "under" what he considered taxable. Didn't verify anything and stamped all the paperwork. I did most of the leg work on my own with out a Registered importer. I'm not sure i'd like to roll the dice again, but its here, and registered!
:twisted:

Thu Feb 23, 2017 2:21 pm

Abscate wrote: Mellow Yellow 74 wrote: Abscate wrote: It didn't have much to do with chickens, by the way.

No? It was an import duty imposed on various items including light trucks by the US government in retaliation to import tarriffs imposed by European counties on chicken products exported by the US.

The tax was implemented that way, but it was a quid pro quo from Johnson to avoid a UAW strike during an election year.

Making chicken sausage ain't pretty.
And it's a lesson in what a punitive tariff can do, and its long-term effects. Nissan's truck plant in TN was one of the first to come onshore to beat it.