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Caught with undeclared goods/food/fruit. Will Global Entry/NEXUS be revoked?

Caught with undeclared goods/food/fruit. Will Global Entry/NEXUS be revoked?

Old Jun 17, 2011, 11:27 pm
  #16  
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Originally Posted by yyzvoyageur
Some on the Canadian side will still give you a hard time with food items that cannot be logically grouped into any of the categories on the form and for which no importation restriction exists: "I could fine you $800 for not declaring this box of biscuits!" Um, no.
not a box really, but little packs of two cookies...I should declare those? Actually I'll just eat them and save the hassle.

I usually bring a few flats of Smarties and a couple boxes of Shreddies with me heading back to the US through Nexus...the inspector in secondary always nods in approval as if I'm one of hundreds doing the same thing.

When you say Toronto, I hope you're talking about Scarborough or the suburbs, and not any of the places downtown.
Well, either Markham near Pacific Mall, or yes, downtown at Furama...but keep in mind the worst bun in Toronto is 1,000% better than the best (almost non-existent) bun in South Florida.
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Old Jun 17, 2011, 11:43 pm
  #17  
 
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Originally Posted by bocastephen
not a box really, but little packs of two cookies...I should declare those? Actually I'll just eat them and save the hassle.
No need to declare cookies.
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Old Jun 18, 2011, 12:07 am
  #18  
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Originally Posted by yyzvoyageur
No need to declare cookies.
OK...cookies and biscuits are the same thing to me
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Old Jun 18, 2011, 6:14 am
  #19  
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Originally Posted by N1120A
This is disgusting, especially given that the CBP agent who did my NEXUS interview expressly said that apples from Canada were fine - That it was fruit not grown in Canada commercially (like Oranges and Mangoes) that could bring unshared diseases into the US that were the problem. Indeed, its entirely possible that the apple you had came from Washington. I would file an appeal
They're fine as long as you declare them . . .
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Old Jun 18, 2011, 6:49 am
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Originally Posted by yyzvoyageur
No need to declare cookies.
What about chocolate? Is it considered a "dairy product"?
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Old Jun 18, 2011, 6:58 am
  #21  
 
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Originally Posted by yyzvoyageur
No need to declare cookies.

bad advice- always, always, always declare anything edible then explain 'a snack' if questioned; risking NEXUS in this day and age of 'the computer never forgets' is simply not worth taking any chances.
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Old Jun 18, 2011, 7:41 am
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As far as Canada is concerned, chocolates are fine as are cookies.
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Old Jun 18, 2011, 8:56 am
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Originally Posted by canolakid
always, always, always declare anything edible then explain 'a snack' if questioned
Are you not excluded from using NEXUS if you check "Yes" for any of the questions on your E311 form? Or is that only for commercial goods?
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Old Jun 18, 2011, 11:08 am
  #24  
 
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Originally Posted by bocastephen

CBP *really* needs to update that question on the form and not get so uppity about boxed candies, cookies, etc.

I wonder if there is an appeal option for the OP...it wasn't like they were trying to conceal it...it was an honest mistake.
1) They do need to update the question, though the law is pretty specific in stating that bakery goods, confections, etc are not subject to inspection, which means they don't need to be declared.

2) There are appeal options. The OP can call the local supervisor at YYZ or any other NEXUS enrollment centre regarding the NEXUS revocation itself. They can also appeal the violation itself, especially since the apple in the lunch bag was pretty open to see and arguably presented for inspection and also if there was a mistake of fact. Further, the penalty sounds rather stiff given that this was, at most, a negligent violation.

Originally Posted by Ari
They're fine as long as you declare them . . .
See, this is the issue - the reality is that the declaration form doesn't jive with what the law actually is and that difference is abused by customs agents on power trips. The published regulations say you don't have to declare items that are allowed, unless there is a specific requirement to declare them. Indeed, the CFR is extremely clear on the legality of "importing" any and all fruits and vegetables from Canada, with a single exception of potatoes grown in Newfoundland and a certain part of B.C. See 7 CFR 319.56-3.

Now, even Canadian fruit is subject to inspection, though there is no violation if a failure to declare is based on mistake of fact.

Originally Posted by okazon69
What about chocolate? Is it considered a "dairy product"?
No, its not. Chocolate is fine and both CBP and CBSA list it on their websites as an example of what can be brought.

Originally Posted by canolakid
bad advice- always, always, always declare anything edible then explain 'a snack' if questioned; risking NEXUS in this day and age of 'the computer never forgets' is simply not worth taking any chances.
The person giving the advice is a border guard. Its really not bad advice in that case.

Originally Posted by okazon69
Are you not excluded from using NEXUS if you check "Yes" for any of the questions on your E311 form? Or is that only for commercial goods?
No, they just ask you about them at customs.
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Old Jun 18, 2011, 11:26 am
  #25  
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Originally Posted by okazon69
Are you not excluded from using NEXUS if you check "Yes" for any of the questions on your E311 form? Or is that only for commercial goods?
If you answer 'yes' to a question on the kiosk, you are generally (100% in my case) referred to the secondary inspection area - when you check-in, make sure they know you're a Nexus person as they will try and take you ahead of anyone else waiting.

I've used this to my advantage at YYZ T1 - when the lines are backed up due to security taking its time and the Customs hall fills up, going through secondary can save you an hour+ wait as the exit dumps right into the security area and you'll bypass everyone waiting to get in.
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Old Jun 18, 2011, 11:26 am
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I was told in my interview, US side, that if I could not come through the line with a clear declaration that I could not use the Nexus lane and if a subsequent inspection showed that I would not have been cleared I could lose the NEXUS and be subject to fines. This was confirmed in the Canadian interview.

The reason it came up is that I carry "commercial equipment," specifically the interface boxes I use to connect machines to my computers to gather data. I am required to check the "commercial equipment" box if I fill out a form. They ask what I have and when I explain, I am good to go.

This is only required by Canadian customs and I can clear US with no problems as my equipment was made, purchased, and owned in the US. So, I use the regular lanes passing into Canada and the NEXUS when I return if I have my tools.

Bottom line: The use of the NEXUS is an implied declaration that you have nothing to declare.
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Old Jun 18, 2011, 12:14 pm
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Originally Posted by YVR_YYC
Have others found the US customs to be so rigid in applicaton of the rules?
By contrast, there were a couple of Customs officers present at the UK airport I arrived into this week, and I recall thinking that was rather unusual. At some UK airports, the "red channel" is an "honesty box" - a telephone.

What other countries operate a UK-style approach to these things? By that I mean the Customs being concerned only with the "big boys" and adopting a targeted, intelligence-led approach rather than worrying about whether an individual has one bottle of wine too many?

Is the US or UK approach in the majority?

Neil
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Old Jun 18, 2011, 11:55 pm
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Originally Posted by InkUnderNails
I was told in my interview, US side, that if I could not come through the line with a clear declaration that I could not use the Nexus lane and if a subsequent inspection showed that I would not have been cleared I could lose the NEXUS and be subject to fines. This was confirmed in the Canadian interview.

The reason it came up is that I carry "commercial equipment," specifically the interface boxes I use to connect machines to my computers to gather data. I am required to check the "commercial equipment" box if I fill out a form. They ask what I have and when I explain, I am good to go.

This is only required by Canadian customs and I can clear US with no problems as my equipment was made, purchased, and owned in the US. So, I use the regular lanes passing into Canada and the NEXUS when I return if I have my tools.

Bottom line: The use of the NEXUS is an implied declaration that you have nothing to declare.
Incorrect. You are conflating the NEXUS Land and NEXUS Air requirements. Since you don't do a written declaration with NEXUS Land, it is implied that you don't have anything to declare (though, Canadian citizens/residents are required to still write some sort of declaration). With NEXUS Air, you are subject to separate customs and immigration inspections. The immigration part doesn't usually involve human interaction, since such violations are much less likely to happen, but customs still technically does.
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Old Jun 18, 2011, 11:56 pm
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Originally Posted by pacer142
By contrast, there were a couple of Customs officers present at the UK airport I arrived into this week, and I recall thinking that was rather unusual. At some UK airports, the "red channel" is an "honesty box" - a telephone.

What other countries operate a UK-style approach to these things? By that I mean the Customs being concerned only with the "big boys" and adopting a targeted, intelligence-led approach rather than worrying about whether an individual has one bottle of wine too many?

Is the US or UK approach in the majority?

Neil
All of the EU runs things basically the same way as the UK.
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Old Jun 19, 2011, 4:21 am
  #30  
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Originally Posted by N1120A
All of the EU runs things basically the same way as the UK.
I'm in TLV right now-- they do Red/Green here. HKG also Red/Green . . . China, not so much.
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