US-based e-commerce website selling/shipping to Canadian customers - Page 1
Forum section: electronics / general

author: b177
author_rank: Contributor
timestamp: May 05, 2025, 06:17:40 pm
content: Currently my company operates in the US, we manufacture a small electronics gizmo that has no approval(s) as none is required within the USA. Orders are fulfilled through our webstore. I have a number of Canadians asking to buy our product. However I have been reluctant to do so thus far for two reasons: (1) regulatory / testing requirements for electronic products in Canada and (2) importing / exporting / international shipping complexity. I certainly don't want to endanger our ability to sell in CA in the future by shipping in un-registered product.If a Canadian buys a product online and has it shipped into Canada, does the product still require CA-specific testing (ie. ETL, energy efficiency report, etc)? I appreciate that this is somewhat different than a company (OE manufacturer or distributor) importing product (say thousands of units) to then sale / resale within the country. And if the Canadian is buy it online, are they handling the import paperwork, fees, etc? The product value is <US$100, are there 'de minimis' exemptions?thanks

author: u666sa
author_rank: Frequent Contributor
timestamp: May 05, 2025, 11:05:58 pm
content: But you can sell y our stuff on eBay or aliexpress under different name, can't you?

author: thm_w
author_rank: Super Contributor
timestamp: May 06, 2025, 12:14:39 am
content: Quote from: b177 on May 05, 2025, 06:17:40 pmUnlikely, you need FCC cert to sell in the USA if the device is operating at more than 9kHz:https://blog.clevercompliance.io/electrical-product-compliance/do-i-need-fcc-certification/If it has a microcontroller, then you are going to be above 9kHz and must be tested. You need to describe the device in some more detail, is it mains powered, battery powered, what ICs are you using, etc.USA to Canada de minimus is $40, so customer will pay taxes on the product if its $40-150, duties if $150+.

author: BrianHG
author_rank: Super Contributor
timestamp: May 06, 2025, 12:18:43 am
content: Since you did not show us your product, we cannot help you.There are some things which you can get away with. It all depends on how your device is powered, does it have electrolyte-chemical batteries built in, does it radiate any RF.As for shipping, you just describe the device and an 'Assembled electronic circuit board.', or 'Electronic game.' (obviously fill in the correct description...) and declare its $ value. The one on the receiving end will have to deal with import duties if your product falls under the appropriate category and price.For example, an 'Assembled electronic circuit board.' will not need approval if it is expected that the end user will place the device in his own final retail product. It is the customer who needs to get all approvals for his completed machine.

author: b177
author_rank: Contributor
timestamp: May 06, 2025, 01:05:13 am
content: Let me sharpen my question a bit. I am not asking if regulatory testing, etc is required for my device to be marketed and distributed from within Canada -- I already know that the answer is yes. It will also require special labeling, bilingual documentation, etc. That is not my question.My question is about who, the buyer (my customer) or manufacturer (me) is legally responsible for ensure imported products comply with the various regulations. I've done some research and it suggests that the importer of record is ultimately responsible for clearing customs and any compliance requirements needed therefor. In this case the importer of record is the buyer. The seller / manufacturer (me) is under no legal obligation to comply with the Canadian rules. If the product being imported is for personal use (ie 1 or 2 devices), then the product is unlikely to ever be seized during import. Now if I shipped 1000 units in a single box to one customer in Canada, that doesn't look like personal use and customs will likely require the necessary certification, labeling, and documentation for the customs clearance.I've more or less answered my own question. But was hoping to hear from others more experienced with this activity.

author: u666sa
author_rank: Frequent Contributor
timestamp: May 06, 2025, 01:18:00 am
content: Yea, you the manufacturer is required to do everything. That is true for all jurisdictions. There are ways around it though.

author: thm_w
author_rank: Super Contributor
timestamp: May 06, 2025, 01:28:52 am
content: Quote from: b177 on May 06, 2025, 01:05:13 amAnd we can't answer unless you actually define the product."Electric gizmo" is meaningless, is it a 120V lightbulb? a low voltage adapter cable? Battery powered DMM?Realistically if you are selling low enough volume, no one will care, but you are supposed to certify.https://www.reddit.com/r/diypedals/comments/18bk83d/us_compliance_laws_for_pedal_builders/

author: SmallCog
author_rank: Frequent Contributor
timestamp: May 06, 2025, 02:07:22 am
content: Perhaps you could suggest to your non-domestic customers that they can use a service like shipito? You're then posting to a domestic US address, and they get their products in whatever country they're shopping from.

author: edpalmer42
author_rank: Super Contributor
timestamp: May 06, 2025, 02:14:13 am
content: Does anyone really think that all the Aliexpress junk is certified to *any* standard?My understanding is that I can import anything I want for my own use without any certification. If I want to import it and then sell it, it has to meet any relevent CSA/UL standards which could include electical safety and/or RF emission standards.As thm_w mentioned, our de minimis values are laughably small. However, there are regulations and then there's the real world. A courier will always follow the regulations because then they can add service charges. Places like ebay and amazon typically roll the charges and taxes into the price. But it seems like Canada Post typically can't be bothered to do the paperwork for small items. I think that's one of the main reasons for 'de minimis'. Don't charge duty and taxes when it'll cost you more to collect it than you receive.Remember that IANAL.

author: b177
author_rank: Contributor
timestamp: May 06, 2025, 03:19:33 am
content: @edpalmer42What you wrote is my understanding as well. A person is allowed to import non-prohibited items (drugs, WMD, etc) for personal use, and pay associated duty. If you want to resell it within Canada, then the product must comply with the relevant consumer product safety/functionality standards.

author: u666sa
author_rank: Frequent Contributor
timestamp: May 06, 2025, 01:27:50 pm
content: Quote from: edpalmer42 on May 06, 2025, 02:14:13 amCanada post is not doing customs work. Customs is doing customs work. Canada post might maximum collect the due payment from you, in person, or otherwise online. Notify you that payment is due, etc. But, body that determines how much you pay and that you must pay is customs. In your case Canadian Customs Services Agency....Also, you might have same system other countries have, and there could be an official customs broker for aliexpress or eBay. If that's the case, then they notify you and collect money from you if needed.

author: edpalmer42
author_rank: Super Contributor
timestamp: May 06, 2025, 03:40:34 pm
content: Quote from: u666sa on May 06, 2025, 01:27:50 pmYes, you're correct. So, to revise my statement, Canada Customs often can't be bothered to do the paperwork for small orders.QuoteWith ebay and amazon that happens upfront when you place the order. Occasionally they overbill and later issue a refund. But if a package is sent from you to me, it rarely seems to trigger duty or taxes. Of course, that can change at any time depending on orders issued by the politicians.