Rusmilitary- "Your package has been detained by customs for exami

[Tsm002 5]

I've been around this block before with prescription medication (legally obtained, customs eventually had to release it, was told then that if they don't release items generally you don't get in any trouble unless you're importing massive quantities of patently illegal items like a bunch of pot that are worth their while to go after- usually items that aren't just illegal to import but also illegal to possess in country).

 

So Oleg sent me an email this morning stating that it appears that my package from him (some S20 mags) has been siezed by customs for examination. I understood that he mailed these packages separately judging from posts by others on this board. I guess he kinda forgot to do that this time.

 

Like I said up above I'm not too worried about this coming down on me personally. And looking through BATFE regulations and CBP regulations I can't actually find anywhere that states that importing these mags is in and of itself illegal- just manufacturing the weapon with them in a non sporting configuration.

 

Think about it. The mags are a non sporting feature but so is a foreign made pistol grip and a billion of those come in every day. Legally speaking there's zero difference. Plus the address on the package for shipping is to a state (TX) where detachable mag shotguns are not prohibited.

This should be interesting. The package arrived in the US on the 25th of February and customs has 5 working days from entry of goods to establish detention. Looks like they've done this and notified Oleg. The thing is they also have to notify the importer of why the items were detained and what they will be doing- Oleg told me that they would be examining the goods. But he did not say for how long, and this is something customs legally has to inform him of according to 19 USC 1499. Further upon determining that an item needs to be detained customs has 30 days to decide whether to exclude the item from importation. After 30 days if no determination is made the item is held to be excluded- BUT an appeal may be filed and, according to 14 USC 1499 customs then has the burden of proof to establish that the imported item violated US law.

 

Clearly here it does not. While manufacturing a non sporting weapon with an 8 round saiga mag is indeed illegal, the importation of such a mag is not. The only items prohibited from importation and assembly under 922r or anything else I've been able to find are the non sporting firearms themselves. Otherwise there would be no foreign made...well...every other part on the 922R list....imported.

Needless to say I will be filing a claim in the next month or so if my stuff doesn't arrive. If the burden of proof is legally on them to prove that the items violate the law by coming in they're pretty screwed. keep in mind that 19 USC 1499 doesn't state that "the item violates...ATF saying so"...it states that the item must violate import law. I'd like to see them prove that beyond "atf says its not a very nice thing to import". Watch them do it anyways.

 

This should be interesting. Anyone else had this happen with Rusmilitary?

 

-UPDATE-

 

DAMN! Oleg is the MAN. VERY fast response to my question about more information for filing a claim:

 

"Please do not file any claims... All the proper paperwork is included inthe package. They should release the goods in due cause. By law Customs have a right to examine the goods for upto 30 days. But I do not think it will take that long.. Thanks

 

Regards

 

Oleg Savochkin "

 

Will let ya'll know how this goes.

Edited March 4, 2009 by Tsm002

[jrance@iacwds.com 716]

I have a couple of folding kits being held in Customs

 

"Your item arrived in the United States in ISC NEW YORK NY(USPS) at 9:32 PM on February 18, 2009. Information, if available, is updated every evening. Please check again later."

 

Hopefully they will quit screwing around and just send them on.

 

1911

[Tsm002 5]

That's the same message I got.

 

Oleg told me that all will be well- we'll see. I assume that he knows what he's doing and really, importing foreign made parts isn't illegal except in the case of barrels and frames (which BATFE has advised seizure of).

 

My foreign mags are legally in the same boat as foreign AK stock and pistol grips or foreign FCG's- and those make it in all the time no problem.

 

They have 30 days to check. Hopefully they'll quit marveling at how awesome your folding kits and my s20 mags are here soon and send them off.

 

They're just jealous cuz they can't assemble the folding parts in NY.

[mstranglr 9]

Thats bad news, I have some Russian stock sets on the way.

[jrance@iacwds.com 716]

Update -

 

I called the US Postal Service and they indicated that if my parcel is

detained, Customs has 30 - 45 days to issue me a notice of detainment.

Where that leaves us is waiting patiently for them to contact either Oleg

with a return or me with a notice of detainment and further information.

 

Oleg responded -

 

This kind of situation happened before... about 3 years ago... they detained about 15 parcels within 3 working days... and then released all 15 on the same day in 2 weeks time... It looks like this time we have 18 parcels detained.. I just hope they are not going to sit on them for exacty 45 days.. Thanks

 

So it would appear that patience is a virtue in this case. Of course I have conjecture as to why this has occured.

[sudaevpps43 31]

Of course I have conjecture as to why this has occured.

 

I also have an order from Oleg that was in-port in New York at Mid-February, which Oleg said customs has 'detained for examination'. My bet is this is a "make our quota" inspection by U.S. Customs. Like the ATF with their arbitary quotas on how many FFL holders they are supposed to audit every year, I am sure U.S. Customs also have some similarly arbitary quota on the number of parcels and shipments they are supposed to officially set aside for examination every month. So if its a slow month with fewer shipments coming into the country, they 'detain for examination' parcels from senders they normally wouldn't just to make their inspection quota.

[Tsm002 5]

Well, I got my mags today. All in one package but disassembled. As Oleg promised the paperwork needed to get them in country was in the package.

 

If they even opened it they did a VERY good job of wrapping it back up. And the post office still shows my package as being in new york, heh.

 

So for those with packages stuck in customs...take some hope, eh?

[ThirtyCal 0]

Well, I got my mags today. All in one package but disassembled. As Oleg promised the paperwork needed to get them in country was in the package.

 

If they even opened it they did a VERY good job of wrapping it back up. And the post office still shows my package as being in new york, heh.

 

So for those with packages stuck in customs...take some hope, eh?

 

 

Wow, I'm in the same boat fellas. Oleg sent me an email saying my parcel was detained. Here's the details from the USPS website when I reference the tracking number:

 

Label/Receipt Number: xxxxxxxxxxxxx

Associated Label/Receipt:

Detailed Results:

 

> Inbound International Arrival, February 18, 2009, 9:32 pm, ISC NEW YORK NY(USPS)

> Origin Post is Preparing Shipment

 

I have a feeling that this is not going to turn out well.

 

-Thirtycal

[Bvamp 604]

To be honest, from what I have seen over the years here? I dont think the customs or BATF cares much about you buying the parts for personal use (under the non-declared 100$ wholesale value OF COURSE), so much as you reselling them and (thus) avoiding taxes and legalities on import tax stamps and restricted parts and such....I dont think they check the mag legality, so much as YOU and what you plan to do with it (resell for profit), in other words.... kinda creepy if you ask me. I thought my right was "uninfringed", and I ALSO had a right to free enterprise, but I suppose that there are limits to everything.

 

Why do so many people INSIST on a flashlight being shined up their butt? For what, exactly? buy one to have it, and leave it at that.

 

..just my .02c

[ThirtyCal 0]

Well, I got my mags today. All in one package but disassembled. As Oleg promised the paperwork needed to get them in country was in the package.

 

If they even opened it they did a VERY good job of wrapping it back up. And the post office still shows my package as being in new york, heh.

 

So for those with packages stuck in customs...take some hope, eh?

 

 

Wow, I'm in the same boat fellas. Oleg sent me an email saying my parcel was detained. Here's the details from the USPS website when I reference the tracking number:

 

Label/Receipt Number: xxxxxxxxxxxxx

Associated Label/Receipt:

Detailed Results:

 

> Inbound International Arrival, February 18, 2009, 9:32 pm, ISC NEW YORK NY(USPS)

> Origin Post is Preparing Shipment

 

I have a feeling that this is not going to turn out well.

 

-Thirtycal

 

I got my stuff in the mail today. Everything was fine - the box showed now evidence of being opened. As was mentioned earlier in this thread, it would appear that the parcels were held for inspection so that some government entity could either meet a quota, or possibly do a background check on me to ensure that I was not an importer or reseller (which I presume would be useful for them to know from a taxation perspective).

 

Anyway, all hail to Oleg. He's an upstanding guy.

 

-Thirtycal

[jrance@iacwds.com 716]

My order arrived today safe & sound.

 

1911

[kresk 10,063]

I had a package from Oleg a couple years ago that had actually been opened by Customs, from the bottom, and resealed with a green tape marked with Customs on it.

[sudaevpps43 31]

My order from Oleg has arrived in good order. It didn't even look like customs had opened the package (or maybe they just did a really good job taping it back up).

Edited March 11, 2009 by Frogfoot