[Dixielandjazz] Traveling to USA with your Guitar

[Ulf Jagfors]

Dear Steven

 

Thank you very much for your information. However I hope this is the last
posting on this topic.

 

I do not know if your answer clears all question about bringing you own
instrument to US for performances. But if the quote from the Dept of
Agriculture is correct and valid it should be no problem to do so. I hope
that the Custom boarder officials now have the same opinion. I still should
very much like to have a firm statement also on their WEB site too once for
all clear this matter.

 

One obstacle remains, you are not allowed, when travelling on a standard
tourist visa, to make any kind of public performances, paid or not paid,
like attending a jam in a bar in N.O. For that you need an artist visa which
will cost you $150.

 

You do not think they will find it out. This is what could happen. Recently
a girl here in Sweden was denied a new visa as it turned out that she before
had worked as an a ´pair on a student visa. Very stupid behavior from her,
according to my opinion. But the interesting thing is that the emigration
authorities had find it out by checking here Facebook diary. It was reported
in a one of the largest newspaper here in Sweden a couple of days ago.

 

Ulf Jagfors

 

 

Från: Stephen G Barbone [mailto:barbonestreet at earthlink.net] 
Skickat: den 29 augusti 2011 16:47
Till: Ulf Jagfors; DJML
Ämne: Re: Traveling to USA with your Guitar

 

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