temporarily lost luggage that now requires foreign duty
#1
Original Poster
Join Date: Aug 2009
Location: All over
Programs: MR, HH, DL, ALK
Posts: 136
temporarily lost luggage that now requires foreign duty
KLM managed to somehow misplace one of two boxes of wine my wife and I checked through from CPT to SEA (via AMS and YVR; CPT - AMS and AMS - YVR segments KLM metal). Baggage that is checked through to SEA gets imaged in YVR and pax are pre-cleared through US immigration and customs there in the airport after the luggage is verified. There is no Canadian / CBP intervention whatsoever.
We had no issue with the first box (that was found / transferred correctly when it landed in YVR) as the US has a 12 cent per bottle duty that that don't even care to collect because it is so paltry.
We filed a claim with the DL agent last night after failing to receive the second box (which we already knew was missing in YVR) when we retrieved our luggage in SEA.
Tonight, my wife received a call from a DL baggage agent informing her that she would need to drive up to YVR (2 1/2 hours one way), pay Canadian duty on the wine and then drive it back here to Seattle. She also told my wife that DL would not be responsible for compensating us whatsoever because the contents are wine and they don't cover that.
Oye. Now this is probably a KL problem to begin with because they failed to get the box that seemingly arrived on their aircraft with the rest of our luggage. That said, DL is the final carrier who handles the luggage claim. It seems like either KL or DL need to figure out the Canadian customs issue and get the box of wine here to SEA.
The red brochure they handed us related to lost luggage says nothing about wine or alcohol being an item they would have no responsibility for if lost and further, the harm would not have occurred had the bag simply been couriered as expected.
Your thoughts appreciated.
We had no issue with the first box (that was found / transferred correctly when it landed in YVR) as the US has a 12 cent per bottle duty that that don't even care to collect because it is so paltry.
We filed a claim with the DL agent last night after failing to receive the second box (which we already knew was missing in YVR) when we retrieved our luggage in SEA.
Tonight, my wife received a call from a DL baggage agent informing her that she would need to drive up to YVR (2 1/2 hours one way), pay Canadian duty on the wine and then drive it back here to Seattle. She also told my wife that DL would not be responsible for compensating us whatsoever because the contents are wine and they don't cover that.
Oye. Now this is probably a KL problem to begin with because they failed to get the box that seemingly arrived on their aircraft with the rest of our luggage. That said, DL is the final carrier who handles the luggage claim. It seems like either KL or DL need to figure out the Canadian customs issue and get the box of wine here to SEA.
The red brochure they handed us related to lost luggage says nothing about wine or alcohol being an item they would have no responsibility for if lost and further, the harm would not have occurred had the bag simply been couriered as expected.
Your thoughts appreciated.
Last edited by Seattlite; Feb 14, 2017 at 8:02 pm Reason: minor update
#2
Join Date: May 2015
Posts: 2,881
Has Delta talked to you about sending the box of wine back to AMS and sending it nonstop to SEA? I think that's probably the plan.
Edit: I don't think Delta can claim release of liability for alcohol (on international itineraries only). This just means that if the alcohol were lost, you could file a claim for compensation. I'm not sure if this liability means Delta would reimburse you for costs incurred to retrieve the alcohol since it's the government holding the alcohol. Basically, you could probably refuse to pay the duty, and since Delta can't return the wine to you, you could file a claim for the cost of the missing wine. I don't think its within Delta's power to get the wine from US Customs for you. I think the passenger with the name on the box must declare it.
I've seen this happen with the Mexican government and a rifle. Since the passenger couldn't go to Mexico City to declare the rifle, the government kept the rifle and Delta reimbursed for the loss.
Edit: I don't think Delta can claim release of liability for alcohol (on international itineraries only). This just means that if the alcohol were lost, you could file a claim for compensation. I'm not sure if this liability means Delta would reimburse you for costs incurred to retrieve the alcohol since it's the government holding the alcohol. Basically, you could probably refuse to pay the duty, and since Delta can't return the wine to you, you could file a claim for the cost of the missing wine. I don't think its within Delta's power to get the wine from US Customs for you. I think the passenger with the name on the box must declare it.
I've seen this happen with the Mexican government and a rifle. Since the passenger couldn't go to Mexico City to declare the rifle, the government kept the rifle and Delta reimbursed for the loss.
Last edited by Widgets; Feb 14, 2017 at 8:36 pm
#4
Original Poster
Join Date: Aug 2009
Location: All over
Programs: MR, HH, DL, ALK
Posts: 136
#5
FlyerTalk Evangelist
Join Date: Sep 2003
Location: San Antonio
Programs: DL DM, Former AA EXP now AY Plat, AC 75K, NW Plat, Former CO Gold, Hilton Diamond, Marriott Titanium
Posts: 27,040
Try calling CBSA and explain this is checked luggage that was in transit to US. They should be able to release to DL then. I'm betting KLM sent it onwards only to YVR and was thus sent to CBSA as an arriving package instead of connecting. Point out you were just connecting in YVR, and that this is a missing piece of luggage from that flight.
I had similar problems when flew to NZ last year. I took a weeks meds on plane with me, but checked the rest. Bags didn't come in with me. Filed claim, and three days later got call that the handling agent couldn't release my bags since I had meds listed. A call to NZ customs straightened it out. Since the luggage should have been with me at arrival, which would make meds allowable/exempt, they could release them.
I had similar problems when flew to NZ last year. I took a weeks meds on plane with me, but checked the rest. Bags didn't come in with me. Filed claim, and three days later got call that the handling agent couldn't release my bags since I had meds listed. A call to NZ customs straightened it out. Since the luggage should have been with me at arrival, which would make meds allowable/exempt, they could release them.
Last edited by flyerCO; Feb 15, 2017 at 1:01 am
#6
Join Date: Mar 2015
Posts: 1,618
Had something similar happen at YYZ customs, AC did not transfer my bag with wine in it to UA and it ended up with CBSA (who were surprisingly nice unlike my experiences with US CBP).
A call to CBSA straightened things out and the bag was re-released to AC who this time transferred it correctly to UA where it went through US CBP, then stateside and eventually home.
That was a few years ago, hopefully the info is still relevant.
A call to CBSA straightened things out and the bag was re-released to AC who this time transferred it correctly to UA where it went through US CBP, then stateside and eventually home.
That was a few years ago, hopefully the info is still relevant.
#7
Original Poster
Join Date: Aug 2009
Location: All over
Programs: MR, HH, DL, ALK
Posts: 136
final resolution
Final resolution is that the wine box is getting shipped back to AMS and then straight to SEA. Seems a bit insane, but that's the only thing the DL baggage agent could convince Canadian customs agents to do. Perhaps I could have done better calling myself, but not sure.
Thanks for all the helpful replies.
Thanks for all the helpful replies.
#8
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Good resolution. No reason for OP to spend a second on this.
It is, as noted, DL's responsibility, as the last delivering carrier, to have the bag delivered. Thus, if this means having the bag rerouted, that is what it takes.
Had OP intervened and the bag then been lost or damaged, this would have been outside of DL's responsibility.
It is, as noted, DL's responsibility, as the last delivering carrier, to have the bag delivered. Thus, if this means having the bag rerouted, that is what it takes.
Had OP intervened and the bag then been lost or damaged, this would have been outside of DL's responsibility.
#11
Join Date: Apr 2007
Programs: AA, DAL, blah, blah, blah...The usual.
Posts: 646
Glad it went the way it did...because I was predicting further grief when you tried to get a case of wine through U.S. Customs on the way home.
You would be above the limit and have to pay duty again!
You would be above the limit and have to pay duty again!
#12
Join Date: Mar 2011
Posts: 647
From: https://www.cbp.gov/travel/internati...toms-duty-info
Alcoholic Beverages
One American liter (33.8 fl. oz.) of alcoholic beverages may be included in your returning resident personal exemption if:
•You are at least 21 years old.
•It is intended exclusively for your personal use and not for sale.
•It does not violate the laws of the state in which you arrive.
Federal and state regulations allow you to bring back one liter of an alcoholic beverage for personal use duty-free. However, states may allow you to bring back more than one liter, but you will have to pay any applicable Customs duty and IRT.
#13
Join Date: Jun 2005
Location: Huntsville, AL
Programs: DL DM 1.929MM, Hilton Lifetime Diamond, IHG Platinum, Avis CHM, Marriott Titanium (lifetime gold)
Posts: 7,856
Final resolution is that the wine box is getting shipped back to AMS and then straight to SEA. Seems a bit insane, but that's the only thing the DL baggage agent could convince Canadian customs agents to do. Perhaps I could have done better calling myself, but not sure.
Thanks for all the helpful replies.
Thanks for all the helpful replies.
David
#14
Original Poster
Join Date: Aug 2009
Location: All over
Programs: MR, HH, DL, ALK
Posts: 136
I was going to raise exactly this point! Won't you have to declare the wine in SEA? And since it's over the 1 liter personal exemption, you might have to pay duty on the balance.
From: https://www.cbp.gov/travel/internati...toms-duty-info
Alcoholic Beverages
One American liter (33.8 fl. oz.) of alcoholic beverages may be included in your returning resident personal exemption if:
•You are at least 21 years old.
•It is intended exclusively for your personal use and not for sale.
•It does not violate the laws of the state in which you arrive.
Federal and state regulations allow you to bring back one liter of an alcoholic beverage for personal use duty-free. However, states may allow you to bring back more than one liter, but you will have to pay any applicable Customs duty and IRT.
From: https://www.cbp.gov/travel/internati...toms-duty-info
Alcoholic Beverages
One American liter (33.8 fl. oz.) of alcoholic beverages may be included in your returning resident personal exemption if:
•You are at least 21 years old.
•It is intended exclusively for your personal use and not for sale.
•It does not violate the laws of the state in which you arrive.
Federal and state regulations allow you to bring back one liter of an alcoholic beverage for personal use duty-free. However, states may allow you to bring back more than one liter, but you will have to pay any applicable Customs duty and IRT.
#15
Suspended
Join Date: Dec 2011
Location: RDU
Programs: DL DM, HHonors Diamond, Marriott Platinum, etc etc etc
Posts: 2,341
That's amazing Canadian customs allowed this, I know from working directly in that field that Canadian customs is without a doubt one of the biggest pains in the ... regarding any customs related things. I think they go out of their way to piss people off.