Traveling with Samples Between the US and Canada
 

I've never had to bring commercial samples across the border, and with some customers in Canada asking to see our products, I am trying to figure out the complexity of doing this - which upon review of the relevant pages for both the US and Canada customs websites, appears to make an already confusing issue, more confusing.

Here are the relevant facts, and hopefully there is either an expert, or at least someone experienced enough to offer some advise:

1. I am a dual US/Canadian citizen with Nexus - I enter each country with their own passport, but reside in the US. I know I cannot use the Nexus lane with samples.

2. the products are optical frames, made in Japan. They are already "landed" in the USA without duty collection, so I want to make sure I am not charged duty or tax when I try to go home after visiting Canada

3. the frames will be with me at all times, and nothing will be left in Canada - after my visit, they will leave with me - how do I prove to Canadian authorities that everything was taken out?

4. is any special documentation needed for entering Canada, or for re-importing the samples back into the USA? How complex are the forms or other documentation needed?

Any suggestions would be greatly appreciated.

Take a look at this thread:

Use a carnet.

I don't think a carnet will work because the goods are not being returned to their point of origin (Japan).

Thank you!

I was reading landed as meaning they've entered the US and will be staying here.

Thank you, I will do more research with one of the vendors

I remember once being grilled extensively about whether I was bringing any samples when I entered Canada for a conference.

While I don't know the specific procedures, wouldn't it be the logical thing to declare it to both customs (US & CND) both on entry and exit?

For the US - "I'm taking this stuff out, but will bring it back, so don't hit me with any charges on return"

For CND - "I'm bringing this stuff but will take it out with me"

What's the value of the samples?

I don't know if this would be more hassle than a carnet document, assuming I can get one. Plus with a carnet, I think I can go back and forth without needing to make the extra stops and wait for an inspection.

I just wish I could still use the Nexus lane with a carnet :(

A carnet involves a visit to cbsa before crossing to get the carnet endorsed, then commercial lane for cbp carnet clearance / endorsement. Inspection is at the discretion of cbp, X-ray or visual. Personal experience.

Does this need to happen every time I cross, or just the first time the carnet is used?

Each time the goods covered by the carnet cross. The carnet becomes part of the cargo official record to prove no duties or taxes apply.

If your samples have no value beyond that of a sales aid, that you can document, then take the easy road and just declare on the way in. Worst case scenario you may have to go inside to fill out a form once.

This is the most important question here.

If the samples are of low or no value, it's unlikely to be worth getting a carnet. Even if they cost a lot of money, "no value beyond a sales aid" is a good way to think about it--classic examples of that are a collection of seven left shoes, a shirt with SAMPLE stenciled across the back in black paint, or a plastic cutaway model of an engine. (The technical term is "no commercial value")

Now, if your sample is a fully functional device that you could sell, then you have to deal with it. A carnet virtually guarantees that you'll never get hassled for duty, but it also absolutely guarantees a trip to secondary every time you cross the border so that CBP or CBSA can stamp it.

This is a point. The products are handmade optical frames - most of them include a demo lens and would need a prescription lens to be installed before it could be 'sold', but there are sunglasses as well which fit the definition of a sellable product. I could leave out the sunglasses, but then I have the risk that someone will decide a frame with a demo lens is still a functional device.