# Customs intensive audit



## voltigeur (Jun 29, 2008)

jschulman said:


> I recall reading on this forum a year or two ago that customs chose a forum member's car as well for an intensive search. They took apart the seats, and it took 34 days to release the car. The owner was unhappy, and was able to get BMW to move the car to the front of the line at the VDC, and give it priority so it can get out earlier. From what I recall there was no damage, so he was able to get his car quickly once it was released, but that took time.


34 days - Yikes!  Not good to hear about the seats, which are so nicely finished in my M3 (in Fox red).

It's a good idea to ask for some expediting of the car once released.


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## voltigeur (Jun 29, 2008)

JSpira said:


> Although at first I thought this was the first report of such an issue, I went back and found that we did indeed have a member whose car similar treatment.


Irony is this audit occurred to this member in mid-late July, same as for my BMW. As one response said, it's summer, an above average number of Customs officers are likely to be on vacation, pushing out the timeline longer (though the recession has reduced imports' volume ... )

Truly, one does go from a high (ED) to a low on 'winning' the Customs' audit lottery


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## JSpira (Oct 21, 2002)

voltigeur said:


> Truly, one does go from a high (ED) to a low on 'winning' the Customs' audit lottery


Ja, truly sorry about that.


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## voltigeur (Jun 29, 2008)

*desire for visibility about process; what would you do?*



JSpira said:


> Ja, truly sorry about that.


Thanks. After 24 hrs of absorbing the emotion of disappointment I am moving on. Now back to my 'business' self. By this I mean, as in the case of company financials, I want to see visibility about status & progress [of my car].

I also accept that Customs has to do their job and hence some cars will have to be audited to ensure a process where there is some probability of finding contraband goods etc.

* what is the likely timeline?
* how can my M3 be expedited once through the Customs audit process? I saw that the 2007 unfortunate ('Customs Hell') requested that BMW ED expedite his car through VDC.
* I'd like to know exactly what was done to my car in this process
* how will BMW return my M3 to as close-to-a pristine state if the audit involved more than X-rays, dog sniffing, or swabs taken to search for drugs / explosives?

Last, if you were me would you call NJ Customs or would doing so simply make me 'annoying' and result in more delays through increasing the examining Officer's inclination to make a more aggressive audit?


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## JSpira (Oct 21, 2002)

voltigeur said:


> * what is the likely timeline?
> * how can my M3 be expedited once through the Customs audit process? I saw that the 2007 unfortunate ('Customs Hell') requested that BMW ED expedite his car through VDC.
> * I'd like to know exactly what was done to my car in this process
> * how will BMW return my M3 to as close-to-a pristine state if the audit involved more than X-rays, dog sniffing, or swabs taken to search for drugs / explosives?
> ...


I would not call Customs but you could call Harms in NJ since your case is a bit out of the ordinary. They are your broker.

Re your other questions, I'm really not sure if you'll be able to find out exactly what was done - again, Harms might be the best source.

Finally, and this is a touchy subject, it's not BMW's responsibility if customs breaks something in the car. I"m not saying that customs will break anything or nor that BMW won't try to rectify it, but it's outside the realm of BMW's responsibility and it's also not covered by insurance.


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## voltigeur (Jun 29, 2008)

*Risk of intensive audit not disclosed*



JSpira said:


> I would not call Customs but you could call Harms in NJ since your case is a bit out of the ordinary. They are your broker.


I would tend to agree, but I did note that the 'fester who had this issue back in 2007 ("Customs Hell') did call Customs and seemed to get some answers :dunno:



JSpira said:


> Re your other questions, I'm really not sure if you'll be able to find out exactly what was done - again, Harms might be the best source.


Yes, that's the problem: lack of transparency.



JSpira said:


> Finally, and this is a touchy subject, it's not BMW's responsibility if customs breaks something in the car. I"m not saying that customs will break anything or nor that BMW won't try to rectify it, but it's outside the realm of BMW's responsibility and it's also not covered by insurance.


Yes, this part is infuriating - if what you state is correct - and given your long-standing on this board I have no reason to doubt your statements. I wonder how many ED'ers would be as comfortable w/ the process if they knew the full ramifications? In essence, we assume *total risk* w/ no (limited?) recourse on what, in some cases, could be a 6-figure car, and a highly-specced M3 is not exactly chump change either. That's actually shocking to me!

I'm sure I would not be alone in thinking this :thumbdwn:

*I wonder how many ED'ers would be as comfortable w/ the process if they knew the full ramifications of the risk of a Customs Intensive Audit? None of this was disclosed to me in the course of my ordering for ED.*


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## JSpira (Oct 21, 2002)

voltigeur said:


> Yes, this part is infuriating - if what you state is correct - and given your long-standing on this board I have no reason to doubt your statements. I wonder how many ED'ers would be as comfortable w/ the process if they knew the full ramifications? In essence, we assume *total risk* w/ no (limited?) recourse on what, in some cases, could be a 6-figure car, and a highly-specced M3 is not exactly chump change either. That's actually shocking to me!


I need to clarify further - while BMW would not be responsible (in my opinion and I'm fairly certain I'm on solid ground here) I have every reason to believe that they would nonetheless address any "problems" appropriately.

They would have to do the same for a new customer car that hasn't yet been delivered - and I doubt they would be able to look a customer straight in the eye and say "Here's new BMW back - sorry about the cut open upholstery but the government did it."


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## voltigeur (Jun 29, 2008)

*BMW NA should have a response*



JSpira said:


> I have every reason to believe that they would nonetheless address any "problems" appropriately.
> 
> They would have to do the same for a new customer car that hasn't yet been delivered - and I doubt they would be able to look a customer straight in the eye and say "Here's new BMW back - sorry about the cut open upholstery but the government did it."


Yes, that makes sense: and it is absolutely in BMW NA's interest (have owned several bay em vays) that they seek to address the customer's needs - particularly after undergoing the stress of delay coupled w/uncertainty.

You may be familiar w/ the behavioral research that shows that it's easier for people to cope w/ negative outcomes if they have information about the likely array of outcomes - uncertainty about the outcomes raises stress. I think it would behoove BMW NA ED Dept. to have a response prepared once ED owners are subject to the audit process - perhaps including a designated contact at E.H. Harms (I'm getting voice mail).


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## voltigeur (Jun 29, 2008)

*Ironical*

Addendum:

Definition of irony: the day I find out my M3 is being held back by Customs I get home and there's my 'Welcome to your new BMW' pack - the one w/ disks, service card, BMW history / design praecis etc!


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## dalekressin (Sep 3, 2008)

Voltiguer,
Hang in there. My bet good news is around the corner with your M3.
Positive thinking consistently yields good results. Quicker return of your car!
Thinking positive for you.


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## fishskis (Dec 18, 2004)

This is unfortunate, but try to keep it in perspective. All of the worst case scenarios running through your head are highly unlikely. In all likelihood, Customs will inspect the car thoroughly, then it will go to the VDC, where BMW will inspect and correct anything as per normal procedure. I would try to not waste time and energy imagining the worst; especially since there is little you can do to control the situation. Unfortunately, you will have to wait a few weeks more than normal for your car; not fun, but not a disaster. Good luck.


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## voltigeur (Jun 29, 2008)

*Response from E.H. Harms*



dalekressin said:


> Voltiguer,
> Hang in there. My bet good news is around the corner with your M3.
> Positive thinking consistently yields good results. Quicker return of your car!
> Thinking positive for you.


Thanks for the empathy and positive vibe 



fishskis said:


> This is unfortunate, but try to keep it in perspective. All of the worst case scenarios running through your head are highly unlikely. In all likelihood, Customs will inspect the car thoroughly, then it will go to the VDC, where BMW will inspect and correct anything as per normal procedure. I would try to not waste time and energy imagining the worst; especially since there is little you can do to control the situation. Unfortunately, you will have to wait a few weeks more than normal for your car; not fun, but not a disaster. Good luck.


Some good advice. I agree - I think one reacts to uncertainty by building hypotheticals. And part of my job is to think of upside / downside scenarios - so I'm good also at 'running' with pessimism! 

I took Jonathan's advice and contacted E.H. Harms (via email from their site, NJ) - good idea JS, Here's the answer:



EH Harms said:


> I spoke to a Customs officer who advised me that although their not allowed to disclose any information as to how they do exams, they do not damage the vehicles in any way. Every vessel that comes into port has many vehicles put on hold by customs and we have yet to receive any complaints of damage due to an exam.


Getting this response was just the tonic I needed :thumbup:

Thanks again to those who have followed my post on this.

-- V


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## JSpira (Oct 21, 2002)

voltigeur said:


> I took Jonathan's advice and contacted E.H. Harms (via email from their site, NJ) - good idea JS, Here's the answer:


Happy to have been of assistance. I guess our collective imaginations allowed us to get carried away in imagining the inspection process so it's good that the Harms contact brought us back to reality. :thumbup:


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## paulwbenn (Oct 23, 2004)

If its any consolation, the dealer just replaced the entire panoramic sunroof in my wife's X5. It was a huge job and they literally had to remove all of the interior ceiling and door trim. I saw it disassembled and it wasn't pretty! I was worried about rattles and that it wouldn't be "right" when they were finished, but so far, so good. If the average dealer can do something like this, I'm sure the VDC can. Good luck!


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## voltigeur (Jun 29, 2008)

paulwbenn said:


> If its any consolation, the dealer just replaced the entire panoramic sunroof in my wife's X5. It was a huge job and they literally had to remove all of the interior ceiling and door trim. I saw it disassembled and it wasn't pretty! I was worried about rattles and that it wouldn't be "right" when they were finished, but so far, so good. If the average dealer can do something like this, I'm sure the VDC can. Good luck!


Yikes! I had the 'roof in my 530i - not panoramic though - completely pulled out, TWICE. So I have experienced something similar; the difference being that the car was 3 years old - not brand new.

Glad to hear the job seems tight :thumbup:


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## voltigeur (Jun 29, 2008)

*what Customs likely do in an audit*

-

AS stated in the reply above, Customs does not like to disclose methods. But with the power of almighty GOOG I think I have determined some:


optical fiber to peer into nooks and crannies

mobile X-ray: "Mobile Vehicle and Container Inspection System (M-VACIS); employs a gamma ray source to produce images within commercial trucks and tractor-trailers revealing contraband such as drugs, weapons and currency."

Buster density meter: Buster K9, and

trusty canines' olfactory receptors

Clearly, if these relatively non-invasive checks turn up anything then they can delve further. Interesting how much tech is brought to bear, but is logical given the scale of the task - the volumes must be daunting.


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## dalekressin (Sep 3, 2008)

Wow, that is a team od support. My bet is by Tuesday, Voltigeur will have some positive news for all of us. Bottom line, you are not the only one waiting for your car! Its a beauty and you can bes the inspector wants the opportunity to sit in it and dream.


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## hayden (Jun 6, 2006)

dalekressin said:


> Its a beauty and you can bes the inspector wants the opportunity to sit in it and dream.










...seriously though, I hope you get some good news soon.


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## voltigeur (Jun 29, 2008)

dalekressin said:


> My bet is by Tuesday, Voltigeur will have some positive news for all of us. Bottom line, you are not the only one waiting for your car!





hayden said:


> ...seriously though, I hope you get some good news soon.


Thanks so much for your kind words & empathy 

When I get my M3 I will post some photos, but for now, to allay the delay, here's 3 shots from ED:

Outside BMW Welt









Starnberger See, near Muenchen









Gordes, Provence


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## JohnnyRoaster (Oct 28, 2008)

I love the fox red extended! I hope this whole customs thing has not soured your ED experience too much. Your car will be home soon in perfect condition and you can put this behind you.


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## voltigeur (Jun 29, 2008)

JohnnyRoaster said:


> I love the fox red extended! I hope this whole customs thing has not soured your ED experience too much. Your car will be home soon in perfect condition and you can put this behind you.


Thanks JR: much rather enjoy talking about options & the striking FR extended than Customs hassles :thumbup:

A somewhat conservative (in taste) German friend of ours, upon sitting in the FR buckets and surveying the red dash stated that she liked it. When Meine Frau said she had been inclined to Bamboo - red leather having a reputation as a bit 'pimpish' in Deutschland :bigpimp:, Tina said, "Nein, das wäre zu Bourgeois [for the M3]" (too bourgeouis).

I do like bamboo in the 'Vert - but now I'M getting OT.


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## rmichae9 (Apr 27, 2008)

Sorry if I missed this somewhere in the posts, but I assume you have to continue with your payments? The second payment is covered while in transit, but I guess this is another risk of ED (albeit tiny risk)- your car may be held in customs while you are paying for it. What can you do? Just enjoy that beautiful car when you finally get your hands on it.


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## chaz58 (Sep 11, 2007)

Several of us have had "repairs" done at the VDC in New Jersey which cause delays. Your car doesn't need repairs, so you may be better off than us in that regard.

The extended time frame is just the (bad) luck of the draw.

I know the final delivery can be the hardest part. But, BMW has always treated people well on ED. They can't do anything about the extra time customs needs, but will make sure your car is literally good as new when you get it.

(gorgeous car by the way ***8211; I hope you live near the Texas hill country!)


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## voltigeur (Jun 29, 2008)

*I have started pmts*



Flagpole Sitta said:


> I assume you have to continue with your payments? The second payment is covered while in transit, but I guess this is another risk of ED (albeit tiny risk)- your car may be held in customs while you are paying for it. What can you do? Just enjoy that beautiful car when you finally get your hands on it.


I have made my 2nd payment already. To be honest I'm not worried about that. I even got onto BMW FS and started my pmt while I was in Europe as I figure the sooner I start the sooner I will own my M3 (in fact, I even made two extra payments this mth - even though I don't have the car in my possession!) In sum, I don't see paying for the car in transit a 'risk'.

I guess one way to look at this is the delay means I will appreciate my M3 that much more when I finally have it back.

Cheers, -- V


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## voltigeur (Jun 29, 2008)

chaz58 said:


> Several of us have had "repairs" done at the VDC in New Jersey which cause delays. Your car doesn't need repairs, so you may be better off than us in that regard.


You know, that's a fair point.



chaz58 said:


> The extended time frame is just the (bad) luck of the draw.


Yep.



chaz58 said:


> I know the final delivery can be the hardest part. But, BMW has always treated people well on ED. They can't do anything about the extra time customs needs, but will make sure your car is literally good as new when you get it.
> 
> (gorgeous car by the way ***8211; I hope you live near the Texas hill country!)


Thanks. That's how I'm trying to frame the situation now. I am, as is BMW NA, powerless - just let the bureaucrats do their thing. Little point in fulminating further.

Oh yes, I do live near the Hill Country - not far at all (< 30 mins)  I can't wait to take the M3 there; and on the 1st club drive :thumbup: Are you from here, or come down here to escape winter?


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## dalekressin (Sep 3, 2008)

Voltigeur,
I can feel it in my bones. YOUR CAR is nearly released. I just know it! You will have the biggest  so hang in there :angel:


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## voltigeur (Jun 29, 2008)

-

'Memories, like the _corner_ of my mind ... ' I'm embarrassed to admit I recall that line 

Not here, so am grateful for photo memories ...


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## Jen&Mike (Mar 2, 2009)

And you could think of it this way... we still don't have our car, either and it's just because it was sitting there waiting for a truck going to the midwest. We were really hoping to get it this weekend, but alas... still in transit. We're looking at 4 weeks from the landing date now! Frustrating, indeed!


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## voltigeur (Jun 29, 2008)

Jen&Mike said:


> And you could think of it this way... we still don't have our car, either and it's just because it was sitting there waiting for a truck going to the midwest. We were really hoping to get it this weekend, but alas... still in transit. We're looking at 4 weeks from the landing date now! Frustrating, indeed!


That it is Jen/Mike. But I _do_ know my M3 is awaiting Customs as I inquired about the specifics and Customs, via EH Harms, & they said my M3 was examination pending.

It is weird that some from the Don P have theirs and others, like you & me, don't.


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## dalekressin (Sep 3, 2008)

voltigeur said:


> That it is Jen/Mike. But I _do_ know my M3 is awaiting Customs as I inquired about the specifics and Customs, via EH Harms, & they said my M3 was examination pending.
> 
> It is weird that some from the Don P have theirs and others, like you & me, don't.


OK where is the update on that M3???


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## kevkaz (May 28, 2009)

wow.. the Don P has sailed to and from Europe and you still don't have your cars. Hoping mine doesn't turn out the same way!


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## voltigeur (Jun 29, 2008)

*Voltigeur's M3 Customs delay update*



dalekressin said:


> OK where is the update on that M3???


OK mate, so BMW ED called me Wed as they realized it had now been 4 weeks since my M3 landed and Customs took it over.

They suggested I'd had the bad luck for my car to be the 1st (or near 1st) selected for the next batch of random audit cars. Customs may then hold back 20-30 cars in the ensuing days (weeks?) until they are ready to examine the cars for contraband / correct VINs etc en bloc.

BMW ED then told me that they would query Customs again about getting the car processed. Once released they said that the M would be prioritized by the VDC (ie placed near the front of the queue).

*Finally, they said if I did not have my M3 in another 2 weeks (from last Wed) then they would contemplate making a partial payment. * No mention of how "partial" that payment contribution is.

Frankly, I don't care as much about the payment as getting the car ASAP.


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## Schneller78 (Jul 26, 2009)

Wow. The whole situation sucks, but if (as most people have stated on here) BMW has no _obligation_ to provide you with any sort of compensation, then I think it would be pretty classy of them to offer to make a partial payment. I just hope that you don't have to find out what "partial" means!


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## JSpira (Oct 21, 2002)

voltigeur said:


> BMW ED then told me that they would query Customs again about getting the car processed. Once released they said that the M would be prioritized by the VDC (ie placed near the front of the queue).


Just for the record, tourist delivery cars have the highest priority going into the VDC so what they would do is prioritize yours in front of the top priorities


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## voltigeur (Jun 29, 2008)

JSpira said:


> Just for the record, tourist delivery cars have the highest priority going into the VDC so what they would do is prioritize yours in front of the top priorities


Glad to hear it :thumbup:


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## voltigeur (Jun 29, 2008)

*It's official: now the longest delay in Customs limbo*

-

Update: I called BMW ED y'day. The Supervisor was very apologetic, and told me that "they [NJ Customs] have new crews and supervisors ..."

Now, that may well be, but is it my concern, I mean, do I give a flying phuck about the training-related delays? :dunno:

If I sound testy it's because there is in my mind - and this is not directed at BMW as it is not in their power - a sense of reasonableness of duration that Customs should be able to conduct their (needed) examination / audit.

*FIVE WEEKS IS UNCONSCIONABLE!*  - it's now 35 days which makes me the 'winner' (loser) of the dubious distinction that my car has been held back longer than prior sufferers.

In my mind this has become oppressive, I have a $70K+ asset that is my financial responsibility; I have made 3 payments, yet I have no access to the aforementioned asset - but more importantly - I possess NO information about

(1) the likely timeline for release of my M3;
(2) nor its physical status - how is it stored? I assume it's just sitting on some tarmac in Jersey behind a security fence :dunno:

I think I need to do what a prior poster did: call NJ Customs.

Edit: for any other unfortunates, the NJ Audit no. is (201) 443-0500 and you ask for the Vehicle Team - I got vm, will try again tomorrow.

-- V


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## JSpira (Oct 21, 2002)

voltigeur said:


> I am close to seeking legal advice. But before I do I think I need to do what a prior poster did: call NJ Customs.


I would seek advice from a custom house broker, not a lawyer.

From my family's background in importing goods from around the world for many decades, I am fairly certain that there is little that a lawyer could do here, unfortunately.


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## FrankAZ (Feb 19, 2009)

Ugh! This whole story is just horrible. If you were dealing with anyone other than the government you'd be kicking up a huge stink already, but at the back of your mind you must be thinking 'do I really want to upset the guys with all the power in this relationship, and perhaps prompt them to do something which will make things worse?' Knowing that you are at their mercy is just galling.

In the time it has taken them to inspect it BMW could have built 5 cars, or built one and had it practically at your doorstep already. It wouldn't be unreasonable to expect BMW to automatically build and ship a replacement as soon as an EDer's car enters Intensive Audit. That way if it does drag on then the EDer can be compensated with the identical new car and BMW can accept the saleable car once it emerges from audit. Otherwise, BMW just end up with another brand new car to sell. Either way it doesn't cost BMW much if anything at all and the unlucky EDer knows that he will be taken care of within a definitive timeline.

I am sure you are already budgeting hours at the dealership to finely inspect every aspect of the car, and a drive without prejudice, before you accept delivery and absolve BMW/the shipper/the dealer of responsibility to deliver you your car in new condition.

Keep us all posted.

Frank.


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## hayden (Jun 6, 2006)

Just terrible. Can BMWNA arrange for your dealer to provide you a loaner at their cost until this is resolved? (Unless you don't have an issue with needing another ride)


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## JSpira (Oct 21, 2002)

FrankAZ said:


> It wouldn't be unreasonable to expect BMW to automatically build and ship a replacement as soon as an EDer's car enters Intensive Audit. That way if it does drag on then the EDer can be compensated with the identical new car and BMW can accept the saleable car once it emerges from audit. Otherwise, BMW just end up with another brand new car to sell.


First, BMW doesn't build cars on spec (which is what they would be doing based on your suggestion). Second, as much as I feel for the OP and his predicament, the OP is the importer, not BMW, the car is in his name, and you can't really unwind the transaction.

Unfortunately, U.S. customs is more of a black hole than the black hole existing around one's car once it arrives in the U.S.

I think a loaner would be a better idea. A nice loaner.


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## voltigeur (Jun 29, 2008)

Schneller78 said:


> Actually not a bad idea for Voltiguer... even in a non-election year, never under estimate the desire of a member of Congress to do something that they think will make them look good or win another vote! This would probably be a welcome distraction from the health care debate for them.
> 
> Be sure to tell your Representative/Senator that if they help get your M3 released immediately, they will earn the Bimmerfest voter's hearts!


Thanks to both but for this to have any efficacy I'd need to post all the relevant details - who knows how many Bimmers are waiting? :dunno:


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## voltigeur (Jun 29, 2008)

MSY-MSP said:


> Wow, i have been reading this thread lately waiting for the updates (and finally caused me to join).


Welcome mate! :thumbup: This is a nice board. Have to ask you about the Audi as my wife's been thinking of one - but I digress.



MSY-MSP said:


> I truely feel for the OP on this. 6 weeks in Customs seems more than excessive, especially since you are waiting for your car. From what i know of customs and dealing with them, is that most audits clear in the 3-4 week time frame. As has been mentioned before, the item in question is pulled and placed in a seperate area of the holding area for the audit. Customs picks a set number of items to audit the details on. Depending on the set up of the port, customs may have several areas in the port for the audit items, or may have them brought to a central area. If the port uses seperate areas, customs will perform the audit on one area, clear that area and move to the next area. If the NJ port is set up this way, that will account for the delay of several weeks. (Customs hasn't visited the area yet) My best guess is that customs had just completed auditing the area that Harms uses just prior to your car showing up. If they are short staffed it may be causing them to spend more time than normal in other areas


I think what you describe is probably right on the money. And I was told that the Customs' crews / supervisors on the "Vehicle Team" were new (summer training :dunno: ) I also expected maybe 3-4 weeks' delay ... I certainly drew the short straw and my car must have been an early selection for a new group of cars (20-30, I was told by Harms) to be audited.



MSY-MSP said:


> If i were the OP, what i would do is to ask Harms how many vehicles they have in customs holds/audits, how long the longest vehicle has been in the hold area, and when the last vehicle they had in a hold was released and when it arrived. This information can give you an idea as to what is going on. If the last vehicle that was in a hold was released just prior to your arrival in port, then i wouldn't worry to much. CUstoms is just being slow. If yours is the only one in the hold or if cars have been released from hold that arrived after yours, then there is some issue, or Customs is really giving your car a once over. My hope is that the delay is that customs hasn't visited the holding pen in a while.


Some constructive suggestions - thanks :angel:



MSY-MSP said:


> Please keep all of us updated as you have. Your car will get out sometime. though i feel your pain


Cheers mate.


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## JSpira (Oct 21, 2002)

My car (back in 2005) in the customs waiting area (on the pier near the VDC) for cars right off the vessel.

I do not know whether cars that are receiving intensive audits are moved or they are done in the same place.


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## JSpira (Oct 21, 2002)

MSY-MSP said:


> I have done ED in the past with Volvo, and it wasn't like this at all.


But there is no reason that it couldn't have happend if you think about it.


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## nu bee (May 1, 2005)

voltigeur said:


> Also, I did call / email Customs to inquire as to status - over a week ago - and no reply. So there's no concept of 'service'.


Have you tried contacting your local congressman? Sometimes just an inquiry from them gets things moving.
-Harry


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## Jalli (Jan 10, 2005)

If it's in NJ, can't you just pay someone off? Isn't that the way it works down there?


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## Zooks527 (Mar 15, 2009)

JSpira said:


> ... if you mistakenly believe that U.S. Customs thinks of importers as "customers" who must be treated accordingly, you are wrong.


Damn straight. My wife was once 1/2 owner of a import business. She can tell horror stories about customs inspectors for hours. And don't get her started on how the "representative sample" kept for "in-depth inspection" always (a) seemed to be the most expensive article in the lot and (b) often was "lost or broken" during the process. There was a reimbursement process, but it typically was more effort than the piece involved was worth.


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## voltigeur (Jun 29, 2008)

JSpira said:


> BMW certainly has no influence and, if you mistakenly believe that U.S. Customs thinks of importers as "customers" who must be treated accordingly, you are wrong.


While that is likely a true statement, it does not satisfy the last clause of the CBP's Mission Statement, viz.:

http://www.cbp.gov/xp/cgov/about/mission/guardians.xml

"We serve the American public ... with professionalism".

I believe a timely audit process should be part of that "professionalism".



JSpira said:


> I stated a while back that the OP needs to speak to his custom house broker as this organization would work regularly with customs and at least be able to make the appropriate enquiries.


Have done so - 3x - and unfortunately they appear to be unable to obtain a more definitive answer.

I will call again - been a week <sigh>


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## voltigeur (Jun 29, 2008)

*Voltigeur's M3 E92 released today: 43 days in Customs*

-

Whew. Talk about an emotional rollercoaster! Just spoke w/ BMW ED and they said my car was FINALLY released from Customs! :banana: 43 days in Customs.

I was told it should be w/ the VDC soon and be checked over for any issues. Hopefully there are none expect "Maximillian" needing a good bath and maybe some buffing of the gorgeous Fox Red leather seats - who knows whose bum has been there!

BMW will update me as to status and if it's all OK should be on a truck early next week :dunno: I'd surmise it's 2-3 days' transport time to Austin. The dealer has to prep it and I paid for ceramic tinting (needed in TX!) With luck maybe I'll be driving it in < 2 weeks.

Thanks to all for posts / moral support during my delay. Bimmerfest is a very cool community 

Couple of photos of "Max":

In our street of our old home in our village near Augsburg (home 2nd on right):










'Spa Day' in Nice, just prior to drop off (6/12/09):


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## JSpira (Oct 21, 2002)

So I was off by a few days - I predicted early next week.:angel:


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## Schneller78 (Jul 26, 2009)

Great news! You can finally see the light at the end of the tunnel (and it isn't a runaway train)!


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## hayden (Jun 6, 2006)

Congrats! :beerchug:


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## b-y (Sep 14, 2004)

If you were closer, I'd come to the "welcome home" party. (There will be one, right? :angel: )


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## voltigeur (Jun 29, 2008)

b-y said:


> If you were closer, I'd come to the "welcome home" party. (There will be one, right? :angel: )


:beerchug: Maybe not a party - tho' am looking forward to meeting up w/ some fellow BMW club, Tejas Chapter, members & M3'ers - but out for a celebratory dinner tonight!


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## Hans Delbruck (Jun 9, 2002)

voltigeur said:


> :beerchug: Maybe not a party - tho' am looking forward to meeting up w/ some fellow BMW club, Tejas Chapter, members & M3'ers - but out for a celebratory dinner tonight!


Good idea! Cheers, great news..... finally. :grouphug:


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## MSY-MSP (Aug 14, 2009)

JSpira said:


> But there is no reason that it couldn't have happend if you think about it.


How true that statement is. My Volvo came through back in the days when, at least for Volvo, you had to go to the port and pick the car up yourself. (don't forget a gas can either as the car had next to no gas in it). total time in port was a week.

To the OP. Congrats on getting your car out of the Audit. I hope they can get it to you by the end of next week. With regards to the Audi question, feel free to ask away. I am happy to answer or provide comments. I have owned a number of Audi's, and one Volvo, but never a BMW (though that is going to change soon)


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## Zooks527 (Mar 15, 2009)

:thumbup::thumbup:


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## Love my Z4 (Jul 31, 2009)

Great News! Congratulations!


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## Vitacura (Jul 22, 2005)

Glad to hear it was finally released! Hope you get it soon!


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## Northcar (Sep 21, 2005)

MSY-MSP said:


> Wow, i have been reading this thread lately waiting for the updates (and finally caused me to join). Right now i am looking at ordering a 335i xdrive for ED soon. (My A4 is starting to show its age, and Audi has ticked me off.) Hearing this story is making me wonder if i would be better off not going that way (namely time without a car). I have done ED in the past with Volvo, and it wasn't like this at all.
> 
> I truely feel for the OP on this. 6 weeks in Customs seems more than excessive, especially since you are waiting for your car. From what i know of customs and dealing with them, is that most audits clear in the 3-4 week time frame. As has been mentioned before, the item in question is pulled and placed in a seperate area of the holding area for the audit. Customs picks a set number of items to audit the details on. Depending on the set up of the port, customs may have several areas in the port for the audit items, or may have them brought to a central area. If the port uses seperate areas, customs will perform the audit on one area, clear that area and move to the next area. If the NJ port is set up this way, that will account for the delay of several weeks. (Customs hasn't visited the area yet) My best guess is that customs had just completed auditing the area that Harms uses just prior to your car showing up. If they are short staffed it may be causing them to spend more time than normal in other areas
> 
> ...


You seem to have some inside knowledge about the mysterious workings of customs. With regard to your concerns, I do note that both of the two individuals on this forum who have been identified to date as having their cars held by customs, both were subject of East Coast customs port entries. So far no one has reported this issue on BMWs delivered by European Delivery through the Panama Canal which get off loaded for West Coast delivery, such as yours would.


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## voltigeur (Jun 29, 2008)

chaz58 said:


> I just got my car back from service. The stereo sounded muddy and I noticed BASS was maxed out to 10. I guessed someone noticed the SUB in the trunk.
> 
> So, that could happen any time (although my speakers aren't blown). Of course if it happens at the dealer you know who to blame.


You said it. Wish I could localize my EQ-fiddler, but truth be known, can't.


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## Guards Red Car (Sep 8, 2007)

*Voltigeur's Time Line*



> voltigeur said:
> 
> 
> > -
> ...


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## voltigeur (Jun 29, 2008)

Guards Red Car said:


> > Question for voltigeur: Did you start the _"43 Days in Customs"_ count from the time the ship arrived in NJ port - (i.e. Date of "Discharge" from ship as noted on W&W Tracking website) - *or* did the count start after some initial time in "routine" customs? Also, how many days from Customs release to VDC and through VDC? Then, how many days until loaded onto Auto Carrier Truck? Also, for my sake and anyone else presently or in the future who may have to endure this frustrating ordeal, would you kindly list any email addresses, telephone numbers or other contact information for anyone (i.e. Harms contacts, BMW NA contacts, politicians, longshoremen...) that you had found useful or helpful during your noble and courageous pursuit for justice!! :thumbup:
> 
> 
> OK, no noble pursuit of justice, more an exercise in managed frustration. The count I gave was from the date my M3 was discharged to Customs. The end date was the one I got from BMW's ED Dept, ie, they had the car finally into VPC. VPC was prioritized and took maybe a day - in my view this was TOO fast as when the car arrived in TX it had 2 blown speakers and an EQ that had been maxed out, ie, all bands set to maxium. I'd rather they'd done a proper due diligence on my car at the VPC. From NJ it went to SC (then into the dealer distribution network) and the last segment took about 8 days.
> ...


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## Guards Red Car (Sep 8, 2007)

*Is this possible??*

BMW USA "Track My 750i Sedan" says "At Preparation Center" (This is the first time I have seen this status for my car on the BMW USA website!!)

W&W Site Says "Discharged" (But does not yet say Customs Release)

*Two days ago Jessica at BMW NA ED said "Extensive Customs Audit"*

Of course I will contact my CA and BMW ED ASAP, however as it is early Saturday AM here in Connecticut and no one is available to call yet - _*what do you all think*_? I will keep you posted!!


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## dalekressin (Sep 3, 2008)

voltigeur said:


> You got it right. But in truth, main rationale is that an 80 mi commute in an M-car, 90% Interstate at ~ 70 mph  makes little sense. And the back-up car, a 540iT, needs a nav repair that does not make sense given its current kbb (~ 30% value). That issue brought forward - by ~ 9-12m - the intended replacement cycle.
> 
> But doing another ED after this ... hmmm.


Voltiguer,
I wouldn't mind driving the M3 at 70 or 80 for the 70 mile commute. More fuel but more chance for fun. Oh yeh, speeding ticket potential increases as well.


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## Zooks527 (Mar 15, 2009)

Guards Red Car said:


> BMW USA "Track My 750i Sedan" says "At Preparation Center" (This is the first time I have seen this status for my car on the BMW USA website!!)


Good luck, and we all hope the display is correct!

You should know it is a bit unreliable. My BMW has been showing "At the preparation center" since June, as opposed to in my driveway with 8500 miles on the clock. 

George


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## voltigeur (Jun 29, 2008)

dalekressin said:


> Voltiguer,
> I wouldn't mind driving the M3 at 70 or 80 for the 70 mile commute. More fuel but more chance for fun. Oh yeh, speeding ticket potential increases as well.


Oh sure, the ///M is a dream to drive on the interstate: very comfortable, nice controlled ride & you always have the power to make a gap 

But, this being the 1st/last M3 NA V8 - the s65 is a masterpiece - I really want to save those miles and enjoy them on track / country roads w/ twisties. The 335d will perfectly meet the commuter role and still give me lots of 'twist' when I still need to make the gap :thumbup:


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## voltigeur (Jun 29, 2008)

Guards Red Car said:


> *Two days ago Jessica at BMW NA ED said "Extensive Customs Audit"*
> 
> Of course I will contact my CA and BMW ED ASAP, however as it is early Saturday AM here in Connecticut and no one is available to call yet - _*what do you all think*_? I will keep you posted!!


Sorry, I expected that this is what happened. It's what happened to me: car was shown At VPC but was in actuality w/ Customs.

Jesscia is the supervisor at ED who I was dealing with. She is professional and motivated. Unfortunately there's little you can do (unless you Know People in High Places) but wait this out. I know it's tough; I truly can empathize. Mine was held back over 40 days; trust yours goes quicker.

I'm starting to think that Customs is stepping up these audits. Did some naughty person eff things up for us by trying to bring in something in their ED Bimmer? That would motivate Customs to increase the audit sampling rate ...

Sit tight "Guards Red" - and I'd talk to Jessica and E.H. Harms.


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## voltigeur (Jun 29, 2008)

*11 (ELEVEN) Customs Intensive Audits!*



dalekressin said:


> wow, 11 more custom intensive audits. Must be more government mony that the news indicates.


Hey dalekressin, where'd you get this total? That's a jump. Before my posting on this there had been one other 'Fester - who was also festering about this issue (geddit?  "fulminating" a better usage).

Then Jessica at ED told me she had 3-4 cars over 30 days' delayed in Customs.

Now there are ELEVEN? Something has to have changed policy towards ED. This has got to concern BMW, and other marques (I want to do a P-car pick-up at some stage) who have these programs in place.

I do note, Americans can get really riled up when the Gov't gets their hands on private property! (excl. Bernie Madoff, he likely was resigned).


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## kloh (Mar 28, 2009)

Zooks527 said:


> Good luck, and we all hope the display is correct!
> 
> You should know it is a bit unreliable. My BMW has been showing "At the preparation center" since June, as opposed to in my driveway with 8500 miles on the clock.
> 
> George


I have found it to be unreliable too, but it doesn't stop me from looking and hoping, LOL.

Good Luck, I hope your customs audit isn't nearly as long/bad as Voltigeur's. Pains me to even think about it


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## mookjohnson (Aug 5, 2005)

> Did some naughty person eff things up for us by trying to bring in something in their ED Bimmer? That would motivate Customs to increase the audit sampling rate ...


Just a side story about a naughty ED'er (non board member):

A friend of mine did ED based on my recommendation. He and his pal drove up to Amsterdam from Munich, had a blast, loaded up on their favorite "goodies," and then drove back into Germany and all around.

At the end of their trip, they still had some leftovers. Rather than being safe/smart and discarding all the leftovers, he decided to stuff the remaining goodies in a glasses case in his ski bag pass through. He dropped the car off at Harms, and came home.

He never mentioned this to me until his car got to port in NJ. And then the panic set in. He was feverishly checking (though we all are) every second. I knew what ship he was on, and was tracking all the 'festers as they got delivery, updating him, further sending him into extreme panic and utter fear.

Finally, 10 days after it seemed that everyone else got their car, he got a call from the dealer saying his car was ready to be picked up, and the extra delay was due to bumper damage.

He picked up his car, drove around the block a few times to make sure he "wasn't followed," opened his trunk, reached into his pass through, and retrieved his glasses case, filled with his leftover goodies. He was ecstatic to say the least.

I guess my point (other than that I find this an entertaining/ridiculous/moronic story) is that: what could an ED'er bring over in his car that would raise up ICE so much that they would spend all of this time doing intensive audits? I hardly think a small amount of Amsterdam tokens would cause this. In fact, I don't think they really care about minor contraband being smuggled in. I would imagine they're main interest is terrorism/weapons/bombs, etc.

So unless someone stashed some explosives in their ED vehicle, I don't think the extra searches are due to a naughty ED'er.


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## JSpira (Oct 21, 2002)

mookjohnson said:


> what could an ED'er bring over in his car that would raise up ICE so much that they would spend all of this time doing intensive audits?


I think it could conceivably be others who come into contact with the car.


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## i3bargon (Jun 5, 2009)

How do you know when your vehicle has been released from customs? My vehicle arrived at the port (Brunswick, GA) on 09/28 and the owners circle keeps showing it as a the preparation center. When I go to https://eurodelivery.ehharms.com and enter my VIN it does not list a customs clearance date. Is that site accurate and if so do they typically update it the day it clears customs?


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## FrankAZ (Feb 19, 2009)

Both are woefully out of date. For instance: I collected my car from my dealer on 9/19 after they'd had it since 9/10. E.H. Harms' website still doesn;t show a customs clearance date and the bmwusa.com tracker shows it still at the preparation center. Other 'festers have posted that their 6month+ old vehicles are similarly reported.

Your best bet now is to periodically ask your CA to check his computer since he has access to better information. You'll need to exercise whatever restraint you think appropriate to keep on your CA's good side yet still keep yourself sufficiently informed to avoid BMW-induced insanity.

Any day now... 

Frank.


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## mgthompson (Oct 14, 2007)

FrankAZ said:


> Your best bet now is to periodically ask your CA to check his computer since he has access to better information.


I didn't even get good information from my CA. They only people who really knew what was going were at BMWNA ED.


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## kloh (Mar 28, 2009)

Surprisingly for me, the BMWUSA tracking website has been fairly accurate. I thought it was off for the longest time, but during my last call I got more info from my dealer (fortunately I spoke to several diff people at different times so I *hope* I didn't piss anyone off being too persistent) that actually sync'd up with the days the statuses changed on the website.


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## Guards Red Car (Sep 8, 2007)

*Frustration*

The Don Pasquale arrived September 21 -- I am well into my 4th week of US Customs purgatory. A big thank you to Jessica at BMW NA for the weekly check in emails/phone calls -- Although she has repeatedly given me "No news from US Customs", it is nice to know that she shares my frustration and is doing everything she possibly can!


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## BMR2009 (Mar 20, 2009)

Four weeks in customs? Maaaaan, what a drag!

Where did your car come in to port?


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## Guards Red Car (Sep 8, 2007)

BMR2009 said:


> Four weeks in customs? Maaaaan, what a drag!
> 
> Where did your car come in to port?


Don Pasquale -- Arrived New Jersey (New York/New Jersey Car Cargo Ship Port) September 21


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## northernlights (Aug 31, 2006)

Guards Red Car said:


> Don Pasquale -- Arrived New Jersey (New York/New Jersey Car Cargo Ship Port) September 21


Has anybody tried calling their local congressperson's office or senator's office about these delays? 4 weeks in a que to finally get inspected is pretty ridiculous. If this was a private company they would be out of business, but oh no wait its the US Government. The same "model of efficiency" that is suppose to run health care in America. God save our souls...


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## crickett82 (Aug 10, 2009)

Just spoke with BMW NA this morning and was informed that my car was released to trucking from the VPC this morning.... will be at dealer this week. Not sure why CA said it was under intense audit... Anyways, who cares, I am going to be flying around california in no time!


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## powerline777 (May 14, 2009)

Just got off the phone with BMW NA. Called to find out what the deal was on my 3-series wagon that hit Newark 11/22. They tell me my car has been chosen as well for the intensive audit.

Dropped the car off in Austria 10/23. Super happy that car arrived 11/22. Now I am told expect "a few more weeks" for all of this to get done.

Amazing luck on this one. I am so bummed out its unreal. The gov't must be stepping up their selection. If you look at the history of examples here on the 'fest, we've seen an exponential increase in selection for audit.

During my research process for doing an ED, I factored in the risk of being selected for an intensive audit. Had I known at the time that there would be such a ramp in customs selection, I may have thought otherwise. 

Going to sit back and realize that although my car is in the USA, it will be at least another 4-6 weeks before I get to see her.


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