The Lacey Act and Importing Shell and Endangered Wood Into the US

I saw this discussion on another group and thought it good to give a heads up here. It appears the the US Customs folks are having a problem with understanding how this law applys to shell inlay on Guitars and are impounding guitars without proper documentaion. If you are planning to bring an instrument into the US or return to the US with an instrument you took on vacation with anything that could ever be even remotely considered applicable to this law, you may have a problem.
Here's more info:
http://www.suite101.com/content/what-musicians-need-to-know-about-the-lacey-act-a215918
Here's a form you may want to carry with you:
http://www.aphis.usda.gov/plant_health/lacey_act/downloads/declarationform.pdf
You should also consider a copy of a bill of sale with a description of the type of wood and shell inlay and origin.

If you catch the border folks on a bad day they can make yours much worse.

I had a very long discussion with several customs officials from a variety of departments and the interesting thing about this is that there is no form to state that an instrument doesn't contain material listed on the CITES list. For example, the abalone that is on the list is that from the southern coastal region of Africa and nowhere else. So, if you have a guitar with abalone from California then you don't have to have any paperwork, but how are the customs folks supposed to know that its from California. The same with mahogany or rosewood. I recently shipped a uke made from mahogany, rosewood and abalone and was told by customs to include a notarized letter on my letter head stating what it was constructed of. I was told the key is to provide just enough information but not too much. I put a copy of the letter, with the invoice, in a envelope on the outside of the box and one inside with the instrument. The new owner will be able to have a letter that he can carry with him in the event that he travels with the instrument. From now on, all of my instruments will have such a letter with them.

This is kind of a result of the poor economy. Imports are down, but there are the same number of customs officials. They want to keep busy to justify their jobs.

Imports may be down in the music industry but we're getting hammered by them in our business. I recently read an interview in a trade magazine with a Fish and Wildlife official who said that when congress put a lot of tax cuts into effect that they offset those by having other departments, such as Fish and Wildlife, collect more in fines to help offset the loss. Its the same mentality that municipal governments use. Our police department got their budget cut so they set a per shift quota for speeding tickets to offset the loss. The official said its in your best interest to just pay the fine and move on because all they are interested in is collecting the money.

I've read the links provided in the opening post and if I understand correctly, if the instrument is carried-on with the passenger, it doesn't need declaration right? There exists the possibility that I might travel abroad with one of my ukes with abalone trims in the future, and it would be terrible to get fined for it or have it confiscated. I have always brought ukes as carry-on luggage though, so does it mean I don't need to worry about it?

Is Spanish Cedar on that List???

It makes it a little different when you buy a manufactured instrument such as my Kala tenor. The only thing on there that might have a problem is the mahogany laminate. And I know it was made in Asia... So, what's a boy to do? I have no documentation outside of Kala's website...

Politically, this just ticks me off. I'm a huge advocate when it comes to environmental issues, but this isn't about the environment. If it was, then the customs officials would be stopping everything imported on a wooden pallet* and rolling in the income from fines. It basically comes down to the fact that harassing individuals and small businesses is easier than major importers.

~DB

*Incidentally, most environmental issues arising from imported woods stems from fungi and bugs coming to the US in the wood of pallets. Asian beetles, Dutch Elm disease... You name it. In twenty years (set your calendar) there will be no pine or ever green trees in the midwest United States.

In the current issue of GAL (the Guild of American Luthiers) magazine, Chuck Erikson (the Duke of Pearl) writes:

"The biggest issue I have seen shipping into the US is that the government inspecting agencies do not know what the rules are or how to implement them. There is no clear protocol. And each inspecting officer has the power to make a final decision on the spot."

Nice, huh?

Proper documentation is the key and apparently it needs to be notarized on the builders or manufactures letter head. So as I see it, when I export a ukulele out of the country, even the pearl that I buy from Australia has to be included in the documentation.

GX9901 said:

I've read the links provided in the opening post and if I understand correctly, if the instrument is carried-on with the passenger, it doesn't need declaration right? There exists the possibility that I might travel abroad with one of my ukes with abalone trims in the future, and it would be terrible to get fined for it or have it confiscated. I have always brought ukes as carry-on luggage though, so does it mean I don't need to worry about it?

Click to expand...

George,
This only applies to returning to the US. Whether you carry on or check it in your luggage, when you get to customs all your belongings are returned to you to go through Customs upon your return. You can take your chances and not declare it or have your Ducks in a row. I would just take another instrument which would not raise any concerns. Appears that you have more than one to choose from.

thomas said:

Is Spanish Cedar on that List???

Click to expand...

Yep, from certain locations (Bolivia, Peru, Columbia and Guatemala). Go to page 38 of this document:
http://www.cites.org/eng/app/Appendices-E.pdf

Tarhead said:

George,
This only applies to returning to the US. Whether you carry on or check it in your luggage, when you get to customs all your belongings are returned to you to go through Customs upon your return. You can take your chances and not declare it or have your Ducks in a row. I would just take another instrument which would not raise any concerns. Appears that you have more than one to choose from.

Click to expand...

Thanks for the response. Seems like this is more than just about abalone. If mahogany is on the list, I wonder how many ukes can pass customs without documentation. I guess I'll just have to go without ukes when traveling abroad. Either that or invest in a plastic uke or something.

GX9901 said:

Thanks for the response. Seems like this is more than just about abalone. If mahogany is on the list, I wonder how many ukes can pass customs without documentation. I guess I'll just have to go without ukes when traveling abroad. Either that or invest in a plastic uke or something.

Click to expand...

West Indian Mahogany is on the list but other legal Mahogany is so omnipresent that I don't think Customs is going to bother unless it's coming directly from Cuba or the West Indies. The large tonewood importers like Gibson, Martin and Taylor are their big targets as far as wood. Gibson paid a huge fine already.

Lord help us if/when they put Ebony on the CITES list.