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I will number the points so that my answer will be easier to follow. @Blackman has given an excellent answer, but from my experience I am less optimistic about your chances of success.
1. The Proforma Invoice, together with the Air Waybill should be sufficient proof that you have not received what was promised. I hope I am wrong, but in such situations Alibaba are little help. Whatever you do, you must do it quickly, otherwise Alibaba will forget about it.
2. FedEx shipments are automatically cleared by FedEx, and the clearance work, which should only take them a few seconds, is included in the freight charge.
My book explains in detail the difference between air freight and air courier. This, together with advice on how to avoid freigth scams has saved many people thousands of dollars. You might find the cost a good investment before placing your next order.
3. If the supplier had used FedEx or if you had used a freight forwarder you would not need to bother knowing what the HS code is. Your experience has highlighted the fact that choosing the right code can be very hit and miss, with costly consequences if you get it wrong.
4. @Blackman was referring to the large value of the order, not the large size if the product. Always start with small orders.
5. You need to learn how to tell if the seller really is legit. Don't believe what you read on Alibaba.
6. This is possibly the most important part of your post. My answer is that I would immediately ask my bank for a chargeback on the CC. This is because I think you will find that both the seller and Alibaba will make your claim drag out until you tire of it and give up, or until Alibaba says the time for lodging your claim, proof, answers to their questions etc., has expired. Either that or Alibaba will say that you don't have sufficient proof. They are a law unto themselves. Their word is final.
Sorry to be the bearer of bad news.
Walter
Thanks. 1. Turns out their proforma invoice specifically said FedEx as the shipper. 2. If a seller ships FedEx air freight from China, does FedEx automatically handle the customs brokering, or does a certain FedEx product have to be ordered that gets it to your door vs picking up at a terminal and handling customs on your own?
3. One thing I learned is that especially now with the US tariffs it's very important to get the proper HTS code - some are subject to the tariff and some are not. When all was said and done there was the HTS code the seller provided that was inaccurate, the one that I and CBP agreed better described the item but was subject to the tariff and made the item ineligible for informal entry, and then one that the customs broker I had to hire found that best described the item and was not on the Section 301/25% tariff list.
4. This order was for one piece :/ it's a bulky item and China is the only source for it. I can see what you're saying to order something different that's smaller as a test before doing a larger order such as this. 5. The seller seems legit and the quality on the item is good, but they don't want to part with any money to make this right.
6. The seller's initial offer when I told them I had to spend 8 hours getting the item and $200 in money out of pocket was that they'd send me $100. Told them thanks but no thanks, escalated to Alibaba, and if they're no help I'll dispute on the CC. I'm asking for a lot more - I don't work for free and if they had performed as on the contract, or let me know before shipping it that they couldn't I wouldn't be having this issue. We'll see where it goes.
1. The Proforma Invoice, together with the Air Waybill should be sufficient proof that you have not received what was promised. I hope I am wrong, but in such situations Alibaba are little help. Whatever you do, you must do it quickly, otherwise Alibaba will forget about it.
2. FedEx shipments are automatically cleared by FedEx, and the clearance work, which should only take them a few seconds, is included in the freight charge.
My book explains in detail the difference between air freight and air courier. This, together with advice on how to avoid freigth scams has saved many people thousands of dollars. You might find the cost a good investment before placing your next order.
3. If the supplier had used FedEx or if you had used a freight forwarder you would not need to bother knowing what the HS code is. Your experience has highlighted the fact that choosing the right code can be very hit and miss, with costly consequences if you get it wrong.
4. @Blackman was referring to the large value of the order, not the large size if the product. Always start with small orders.
5. You need to learn how to tell if the seller really is legit. Don't believe what you read on Alibaba.
6. This is possibly the most important part of your post. My answer is that I would immediately ask my bank for a chargeback on the CC. This is because I think you will find that both the seller and Alibaba will make your claim drag out until you tire of it and give up, or until Alibaba says the time for lodging your claim, proof, answers to their questions etc., has expired. Either that or Alibaba will say that you don't have sufficient proof. They are a law unto themselves. Their word is final.
Sorry to be the bearer of bad news.
Walter
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