Originally Posted by
BMWMOT
I also have Nexus and travel to/from Canada 3-4 times/yr for work. Their form asks if you have commercial goods whether or not for resale (samples, tools etc). I carry a few (~10) catalogs of our company's products to leave with customers. I also carry a very small kit with show and tell samples of our products (small electronic parts). In my mind they are not samples as samples are things you give away. I do not give away the parts I bring. Not sure how the Border Patrol defines 'samples'.
Now I think I need to re-think this situation. Also coming back in to the US with the same 'sample' kit and if I have a few catalog left, I've not declared them. Question 14 on the US form is similar to the Canadian question asking if you have commercial merchandise.
As for the catalogs and sample kit, I'll probably just stop bringing them. If I do declare them, does anyone know if I'll be allowed to bring them in? Will I have to pay duty on them going into Canada and on return to the US?
The tools, literature, and sample kits are bona fide commercial goods, whether or not you leave them in Canada.
I work as a sales engineer in the electronics assembly industry. My (US based) company specifically prohibits me from bringing any brochures or sales literature when I travel to Canada from the US to avoid any issues. Any and all sales literature is shipped to my local Canadian sales representatives from the US HQ. I'm sure any applicable tariffs are paid at the time of shipment. (For what it's worth, this also applies to product samples although most are impractical for me to bring personally.)
I also do the same for my personal small hand-held tools that I may have occasion to use (or more specifically, assist my Canadian customers in their use of them as I don't have a work visa and cannot practice a trade). Shipped up in advance and shipped back after I leave. Some other tools are held by my Canadian sales representative for the use of myself or my US-based colleagues when we travel to their region.
Not only are you supposed to declare the commercial goods, you are also specifically forbidden from using NEXUS at all if you have commercial goods with you. I checked - it's a 6 year ban before you can reapply.
The recent email that described some upcoming changes to NEXUS also included changes in the rules regarding commercial goods. They were not specific but may relax the rules that apply to your situation and mine.
Originally Posted by http://www.cbsa-asfc.gc.ca/publications/pub/bsf5095-eng.html
Please be aware that the following program violations will result in the loss of your NEXUS membership:- Using a NEXUS lane for non-program related activities, i.e. if you have commercial goods;
Commercial goods are defined as goods brought into Canada or the U.S. for sale or for any commercial, industrial, occupational, institutional or other similar use, and include samples, tools and warranty repair parts.
Originally Posted by http://www.cbsa-asfc.gc.ca/prog/nexus/term-eng.html
Improper Use of the Membership at Time of Passage
1. Member has the following at time of passage:
Commercial goods* (including promotional samples)
Restricted/controlled/prohibited goods
More than CAN$10,000 of currency or monetary instruments of a certain value unless otherwise exempted
*Laptops, iPads, Blackberries and such items for personal use by the member are not considered commercial goods.
Eligibility following violation:
May be eligible to (re)apply after six years have elapsed since the violation.
NOTE: The six-year period begins from the date that the violation occurred.