CBSA: Notice of Seizure says "Presumed Knife"

David Mary

David Mary

pass the mustard - after you cut it
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Knifemaker / Craftsman / Service Provider
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CBSA just grabbed a package on its way to me. The description on the "Notice of Seizure" was "PRESUMED KNIFE". Has anyone seen this before? It makes it sound like they didn't even inspect the contents, but used ESP to decide there is a knife inside.

pre•sume prĭ-zoo͞m′
►​

  • intransitive verb
    To take for granted as being true in the absence of proof to the contrary.
  • intransitive verb
    To constitute reasonable evidence for assuming; appear to prove.
  • intransitive verb
    To venture without authority or permission; dare.

It does communicate their bureaucratic audacity, though, that's for sure.
 
David Mary said:
CBSA just grabbed a package on its way to me. The description on the "Notice of Seizure" was "PRESUMED KNIFE". Has anyone seen this before? It makes it sound like they didn't even inspect the contents, but used ESP to decide there is a knife inside.

pre•sume prĭ-zoo͞m′​

►​

  • intransitive verb
    To take for granted as being true in the absence of proof to the contrary.
  • intransitive verb
    To constitute reasonable evidence for assuming; appear to prove.
  • intransitive verb
    To venture without authority or permission; dare.

It does communicate their bureaucratic audacity, though, that's for sure.
Click to expand...
What were the contents listed as on the customs form?
 
I don't have that information, but they can't know something is illegal to import (or "illegal to import") unless they actually look at it.
 
I don't know how that makes their choice of words logical. A knife is legal. A prohibited knife is not. But they didn't write "PROHIBITED KNIFE" or "PRESUMED PROHIBITED KNIFE".

Anyone who has actually received a seizure notice with the words "PRESUMED KNIFE", what light can you shed on the situation after having gone through the experience. Thanks!
 
Because it is illegal to misrepresent an item. It results in a seizure even if the knife is legal.
 
I see. And you are saying that the canned response from the CBSA to that situation is "PRESUMED".
 
I once received a package with two folding knives from the UsA that the sender claimed camp tools.
It was opened by CBSA and I actually got the package with paperwork saying that correct declaration should have been “folding knives.” And basically, next time they would be seized.
 
Maybe if you give some more info folks could chime in. From what I've seen they'll only notify if an item has been seized and they're more than happy to open the boxes up and look inside. No presumption needed. What specifically was seized and where was it coming from?

For the discriptions it looks like knives and tools share the same harmonized codes so a box marked as tools and 82.11*** would just be so they can calculate the duty charges if it's above the new de minimus. I get knives from Blade HQ and other places and so far all they do is make sure they pound me on the tax and their "handling fee".
 
I discussed it with the person sending the knife, and normally, I have people declare them as cutlery, and have never had an issue in those cases. It seems I forgot to give that instruction this time, and the item was declared as a tool. I did specify to tighten the pivot, but as this is a compression lock knife, it's possible that the tightened pivot did not stop the knife from being "flickable".
 
I have written a letter already stating that I asked to borrow a knife not believing it to be illegal to import into Canada, and that if it is found legal to import, please forward me the package, but if it is found to be not legal, send it back to the owner. I will update when I hear back from them.
 
Sharp & Fiery said:
I once received a package with two folding knives from the UsA that the sender claimed camp tools.
It was opened by CBSA and I actually got the package with paperwork saying that correct declaration should have been “folding knives.” And basically, next time they would be seized.
Click to expand...
That sounds as if they were trying to be pretty fair about it.
Glad that it worked out okay for you.
 
How restrictive are your laws over there? If they decide a knife can be flicked open that is a no go??
 
Seems to be how the Border Services see it.
 
In the 80s a lot of folks would have a post office box just South of Canada where they'd have USA stuff shipped. There was a lot of stuff then that was locked down to CONUS. They'd do the weekly drive down and self broker/import. That might be something to do as long as you're near a reasonable port of entry. You have to be super above board with this though. You can't be coming across every 3 days with a trunk load of gifts.
 
I hope it all works out alright. I've been wondering if someone was getting annoyed about the "camping tool" nomenclature, I guess this might be what's happened. I do find it interesting that when I moved to australia I had a buddy hold some knives for me as they were not clearly legal imports. Since then the rules changed and I had them sent to me. Now it seems like a few of them wouldn't be allowed back in.
 
David Mary said:
CBSA just grabbed a package on its way to me. The description on the "Notice of Seizure" was "PRESUMED KNIFE".
Click to expand...

Sorry to hear about your misfortune. I hope it wasn't too expensive. "PRESUMED KNIFE" sounds like a perfect obscure and vague excuse for someone at CBSA to get himself a free knife. And wouldn't you know it, the CBSA agent on that particular day has decided that you are that benefactor. At least he was polite enough to send you a "Thank You" card (aka "Notice of Seizure").

Next time, don't give them a reason to take your stuff. Take the time to overthink about every aspect, down to meticulous details.
Certain agencies, such as CBSA, TSA, etc., exist solely to take your stuff for free. Sometimes, not for free - that's where you pay them $$$ to take your stuff for free.

Various government agencies support such behavior by passing restrictive laws that are often worded ambiguously intentionally in such a way that the laws are very much open to interpretation by regulatory agencies. Some of the deciding parameters are, but not limited to:

Day of the Week,
Time of the Day,
Temperature,
Barometric Pressure,
Humidity,
Their Lunch Schedule,
Their Vacation Time,
Etc.

And if you voice any objections or try to pursue a legal course of action, they always have the final say.
 
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