Retained by Belgian Customs: Invoice is missing

[svksmusic]

Hello dear Ebay users, hope I can get some insights from you on the following situation:

A package from Russia to Belgium was retained by Belgian Customs. As a sender I declared the package as half the actual value (which was a bad idea I know) and there was not any other documents to confirm the value. I contacted the buyer when the package was retained and said that some action is probably needed on their side, they asked if I could make an Invoice but since I'm a private seller, not a business, I can't make one. Customs clearance already started but I have been told by the buyer it can take up many days, so the questions is how i can help them, if at all. Here in Russia the buyer usually can provide screenshots of PayPal Invoice and Ebay item to Customs as a proof of purchase and value – is not it the same in Belgium? Is there a way I can help free the package for the buyer? 

[pjcdn2005]

You should be able to print a packing slip through ebay to send to them.  Or,  they should have a record of the price that they paid on an email from eBay or from their payment source.

[48hrs-clothing]

Noted that you under declared value.

Did your Belgian buyer ask you to under declare value ?

or

Did you do this on your own?

It is very important that you tell me this so that I can give you proper advice.

Noted that package is retained by Belgian customs.

Belgian customs will at some stage issue a demand for duty and taxes based on their own valuation of item and an additional charge of fine for under declaration.

View of Belgian customs will be that declaration showing less value was a deliberate act of defrauding the Belgian customs of duty and taxes and this carries fines.

[svksmusic]

@pjcdn2005 

A packing slip was filled by hand, to print it is propably not an option. 

@48hrs-clothing 

To declare lower value was my decision and I already regret it. The buyer said they contacted the customs and the current tracking status says "Start of customs clearance process", however I don't know how it turns. I'm afraid that the buyer will refuse to accept the package, so I would like to help them, if it's even possible at this point of course.

[48hrs-clothing]

Noted that you decided to under declare the value on your own accord.

Your buyer has been asked if they have an invoice from you and he has stated that he does not. This was done to ascertain whether your buyer tells them true value of item or was he a party to this attempt to defraud the authorities.

Belgian customs will at some stage may or will issue a demand to your buyer for duty, taxes and any fines they may impose.

Your buyer may choose to accept and pay this amount and he will receive his item

or

Your buyer chooses not to accept and not pay this amount and in that case your item will be retained for customs and depending on what it is may be sold or destroyed. 

In my experience of dealing with customs in EU if you make a misdeclaration then goods are ceased / items are not returned to sender.

In your post you do not say what the item was or it's true value.

You and your buyer can not do anything that will influence or change Belgian customs decision or outcome. 

[svksmusic]

@48hrs-clothing 

The real value is $500 which can be confirmed by PayPal Invoice issued for the buyer at the moment of purchase, they just did not expect I would declare it lower on dispatch. It was a small electronic musical instrument. Thank you for the info, I will add to this topic later.

[48hrs-clothing]

I estimate duty and Vat to be around $ 110-00.

Any fine or any other charges are at discretion of Belgian customs.

Lesson to learn is never make a false declaration or statement.

Under declaring  values to customs is an offence.

If a buyers ask you to under declare or asks you to say it is a gift or like then you must know your responsibility which is not to make a false statement.

[pjcdn2005]

An eBay packing slip can be printed through order details.  But as you said, the buyer should have access to an invoice/payment info which they could print out and show customs.  It is actually the receiver's responsibility to prove the value of an item if customs questions it but if they don't provide that info, I don't know if the package will be sent back to you or not. 

If the buyer purchased the item when they were signed into .com and they open an item not received case on eBay,  they would lose the case IF the tracking indicated that they refused the parcel. If they opened a case on Paypal or with their credit card, they would likely get their money back as there is no proof of delivery.

[48hrs-clothing]

Please accept my apology in advance for replying to your post as I mean no offence.

When sending post it is sellers responsibility to enclose all documentation including an Invoice.

It is not receivers responsibility to provide any documentation to customs as all of this information covering  content of package, Invoice, value, Description and Quantity are required to be filled on a custom declaration that sender attaches to his package.

I am required to provide this information including HS Code on each and every package I sent to every country including USA and Canada. 

Customs in this particular case are not working under instructions from buyer.

Customs at their discretion may ask recipient for some information but this is rare.

What you have stated is true in what would be termed a business to business  large commercial transaction where all documents are sent to buyer bank and it is the buyer who submits a custom entry and he is held accountable for any discrepancies.( 35 years of dealing with EU customs for container loads of goods).

Seller under declaring the value that results in a fine being demanded and seller refusing to send that money to buyer resulting in non delivery may not result in case being closed in favour of seller as the source of the problem was the seller and not the buyer. If I was the buyer I will be annoyed that I am being held responsible for the wrong doing of seller.

Once again please accept my apology as I mean no disrespect.