Calgary Herald

Time in court pays off for woman

- DOUGLAS QUAN

Canadian border officials went too far when they ordered a woman to pay $47,000 for the return of a luxury watch she had failed to declare when she arrived at Vancouver Internatio­nal Airport, a federal judge has ruled.

In March 2008, Eun Kyung Shin, a permanent resident of Canada since 2005, landed in Vancouver after a flight from her native South Korea. Shin indicated on her declaratio­n card that she was bringing in $550 worth of goods into the country.

But a Canada Border Services Agency officer spotted the Rolex watch on Shin’s wrist and took Shin and her friend aside for questionin­g.

According to the officer’s report, the woman at first indicated through her interprete­r-friend that she had received the watch before immigratin­g to Canada.

Under further questionin­g, the woman said she had acquired the watch in South Korea during the summer of 2007. She said she did not declare the watch at the time because it had been a gift from her husband, who still resides in her homeland.

She said she thought only purchases — not gifts — needed to be declared.

The officer consulted the Customs Enforcemen­t Manual, which states that a seized Level 2 item may be returned upon payment of “60 per cent of its value for duty.”

For Shin, that worked out to $47,455.78.

In her submission­s to Federal Court, Shin said the amount owed was unreasonab­ly punitive and that a five per cent duty — or $3,954.65 — would be a fairer amount. The court was sympatheti­c. Federal Court Judge John O’Keefe said the Canada Border Services Agency’s internal manual allows for flexibilit­y in cases of “negligence, carelessne­ss and lack of knowledge on the part of the importer.”

The judge ordered that the case be sent to a different minister’s delegate to re-determine what amount Shin should have to pay.

 ?? Postmedia News ?? Border officers seized Eun Kyung Shin’s Rolex watch after she failed to declare it at Vancouver.
Postmedia News Border officers seized Eun Kyung Shin’s Rolex watch after she failed to declare it at Vancouver.

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