[Dixielandjazz] Traveling to USA with your Guitar

[Stephen G Barbone]

Dear Ulf:

To clarify the issue, simply call the telephone number on the  
"official" statement from US Customs you quote in your post below.  
703-358-2093 and ask them about bringing in a "rare wood" instrument  
for performance and then taking it home.
If you are selling it here, that's a different matter, and what the  
wording you quoted in your post refers to..

Basically, you are not "importing" an instrument to the US, but merely  
traveling and performing with it. You could have easily taken your  
instruments to the N.O. Jazz Camp without fear of confiscation UNLESS  
YOU SOLD THEM THERE. The wording you cite concerns "Importing" a "rare  
wood" instrument with intent to keep it here in  the USA or sell it  
here. That's an entirely different matter.

Note the below opinion from the US Dept of Agriculture, Public Affairs  
Department.

-----start
"If an instrument is being carried in passenger baggage, it does not  
need to be declared," says Alyn Kiel a Public Affairs Specialist for  
the U.S. Dpt. of Agriculture Animal and Plant Health Inspection  
Services. "However, if it is formally entering the country, being  
shipped for example, then it must be declared. It's my understanding  
that many musicians choose to ship their instruments for insurance  
purposes."

Passing wooden musical instruments through customs without proper  
documentation could now bring about serious repercussions. "There are  
two types of penalties," says Kiel. For a misdemeanor, there's a  
$100,000 fine and a year in prison. A felony results in a $250,000  
fine and 5 years in prison."


If an instrument predating the legislation is coming into the United  
States FOR PURCHASE,(Caps mine)  the person shipping the instrument  
can print off a declaration form and enter in box 10, labeled  
description of merchandise, "Manufactured prior to May 22, 2008." This  
is the date the amendments to the Lacey Act were enacted. If the  
individual shipping the instrument is aware of the materials used to  
make the instrument, he should fill in the rest of the information  
concerning its components and the scientific names of the woods  
used.Under this legislation, a misdemeanor occurs when an individual  
brings an item into the country which he should have known was illegal  
but did not. A misdemeanor also occurs when an individual knows an  
item is illegal but the item has a value less than $350. Felonies are  
reserved for items of higher monetary value which individuals knew  
were illegal to import. "APHIS itself doesn't decide on the  
penalties," comments Kiel. "The courts will decide whether the person  
trying to import materials into the United States knew they were  
illegal or not."

If the musical instrument is to be used in performance, musicians can  
enter in that same box 10 either, "Musical instrument for use in  
performance," or "Musical instrument returning from performance."

-----end



Bottom line? Simply that all the fear about having a guitar used in  
performance confiscated because it contains "rare wood" as defined in  
the Lacey Act is TOTALLY UNJUSTIFIED. And the Wall Street Journal is  
simply trying to make a political case out of nothing. That kind of  
scare the folks journalism is to be expected from a Rupert Murdoch  
owned paper.



Cheers,

Steve Barbone

www.myspace.com/barbonestreetjazzband







On Aug 29, 2011, at 8:41 AM, Ulf Jagfors wrote:

> Steve Barbone wrote:
>
>>> I do not believe that a musician's guitar, manufactured before the
> amendment took effect (May 22, 2008) is at risk coming into the USA
> from elsewhere. I think all the muso need do is state in box 10 of the
> declaration form, "Musical Instrument to be used in  performance" OR
> "Musical instrument returning from performance." And it wouldn't hurt
> to add, "musical instrument manufactured prior to 2008" if one is
> playing an antique. And I would guess that a guitar made after 2009
> would not be subject to seizure if box 10 is filled out regarding it
> being an instrument used in performance. The Lacey Act is not aimed at
> musicians who travel with their guitars or other wooden instruments<<
>
> This is my take on this:
>
> To contradict your statement Steve about the authorities view of  
> entering
> with instruments of wood and ivory here is the official statement  
> from the
> U.S. Customs and Border Protection WEB site;
>>> Please be aware that many older, collectable instruments have  
>>> components
> whose entry is restricted or prohibited under endangered species  
> treaties,
> such as pianos with ivory keys or wood instruments made with rare  
> wood.
> Contact the Fish and Wildlife Service at (703) 358-2093 for more  
> information
> about this issue.<<
>
> If Gibson people have messed up the clearance of the imported woods  
> they
> have to stand up for the consequences. But I guess most
> of us do not bother to much about that. What is worrying is about  
> entering
> US or cross international borders with your own performance  
> instruments with
> today endangered classified material.
>
> I can´t for my life today understand how I.E a German or Russian  
> symphony
> orchestra can enter for a tour in US without having clear rules for  
> what
> they are allowed to bring in and reenter. If the strict rules are  
> applied as
> per the above writing, it should in practice be impossible to have any
> cultural exchange within the music branch. That is completely  
> opposite to
> what is stated in the State Department guidelines for cultural  
> exchange. It
> says that the officials, without restrictions, should do their  
> outmost to
> help and ease any cultural exchange between countries. Check the  
> visa rules
> for yourself.
>
> The consequences for those of you who are resident in US and if you  
> do not
> declare the goods properly will be fines and perhaps loss of the  
> instrument.
> But for us poor aliens you have to add loss of future entrance to  
> US. By
> that we are classified to be in the same league as criminals or  
> terrorists.
>
> Because of that I have a question about this terrible stupid issue.  
> Perhaps
> somebody on the list can help me out. If I for instance  bring to US  
> my
> National Tricone tenor guitar, 1928, with a rosewood neck and ivory  
> peg
> nuts, can I really enter with this instrument without any risk of
> consequences. After all it is old and manufactured long before any
> CITES/LACEY agreements. If so, how do I document the age of the  
> instrument?
> I have Brozman´s book about the history of the National Instruments  
> were my
> guitar is listed, but is that enough? Or will a document from a  
> reputed
> instrument dealer be enough? Or do I need to have it signed by
> Obama!!!!!!!!!
>
> To once for all get rid of this uncertainties I should love to have  
> a firm
> written policy statement from the concerned US authorities, not just  
> general
> rules like the above. And remember this issue also concerns  
> residents in US
> when reentering US, bringing their own instruments, for instance from
> Canada!
>
> Ulf Jagfors, who really want to go to the N.O Trad Jazz Camp 2012,  
> but only
> with my own instruments.
>
>