Official Luthiers Forum!

"The USDA has decided that shaking down guitarists because their instrument might contain ecologically threatened woods such as Brazilian rosewood doesn’t make a lot of sense."

Thanks Larry!

Tommy Chong of Cheech and Chong fame is fond of joking that if you like cavity searches cross an international border with a guitar case......

Thanks for that article Larry.
A step in the right direction for most everyone.

Tim

“If the wood is made into a musical instrument and the owner of the instrument travels internationally and re-enters the country with the instrument as part of his or her personal baggage, that owner would not need to submit a Lacey Act declaration for the instrument.”

The trick then is that you need to prove that you didn't buy the instrument you're carrying overseas. For that you get a CBP Form 4457 (06/92). The ones I have are also labeled OMB No. 1651-0010. It's a little ticket, about 4x5 inches, that you pick up at US Customs on the way out of the country. You fill it out with a description of the instrument (or whatever), the name and address of the owner, and so on. Customs looks at it to ensure that it is what you said it is, signs and stamps it. It doesn't cost anything, and doesn't take long. The main issue I had in getting it was that it's hard to stop in at Customs on the way out of the country: the traffic flow is all set up the other way. Anyway, when you come in, if there's any question, you can just show them this form and it proves that the thing you've got coming in is either the same thing you left with, or a darn good forgery. They told me to laminate it when I got it home and keep it in the case with the guitar. This is not specifically for instruments: you're supposed to do this for any valuable item to prove you're not smuggling.

Great News !!!

I'm not sure what to make of this. APHIS isn't in charge of this. If you're importing unprocessed wood, then APHIS is involved; however, it is USFWS that's responsible for enforcement. I'm going to email Tim Van Norman, head of enforcement and get his take on this before drawing any conclusions. The last I spoke with anyone from USFWS was an enforcement officer at Dulles and it didn't seem from her end that anything was loosening.

As I understand it from my dealings with US F&W, informal entries do not need and never have needed to fill out the Lacey Act paperwork. This has not changed since it was first implemented, so nothing really has changed. "Informal" effectively means it is not a commercial transaction, so musicians travelling with their instruments fall into this category. If money changes hands then there is a legal definition of "commercial" and it starts to get more complicated.

Not entirely. USFWS doesn't care whether money is exchanged. They care whether you are a commercial concern, be it luthier or musician. I traveled to Montreal this past June to have some guitar photographed by Roger Aziz (Michael Greenfield's photographer) because mine was killed in a car wreck and I needed someone who knew how to photograph guitars, not say they can and then experiment on my dime. I was informed by USFWS that it didn't matter that I was going to have them photographed, and not sold, but rather that I, as a luthier, was a commercial concern and that didn't change even if I was on vacation. So even if I'm traveling, and I take an instrument, I have to pay the $100 fee each way.

Here is Tim Van Norman's response. He is head of enforcement for the US Fish and Wildlife Service.

David,

Thank you for the message. The article is only partially correct. Non-commercial imports would not require that a declaration under the Lacey Act be submitted to USDA, but this does not negate the need for a CITES permit, if required. If the guitar contains an Appendix I species, like rosewood, a CITES document would be required and presented to USDA/CBP.

It is my understanding that commercial shipments, however, still require the declaration.

Tim

Timothy J. Van Norman, Chief
Branch of Permits
Division of Management Authority
U.S. Fish and Wildlife Service

As usual for a complex topic, there is much confusion. But I think the take away news is that if you are a humble guitar owner, and there are no CITES woods in your instrument, you don't need any special forms to travel with your guitar.

Why then, do I have a sneaking suspicion that I'd be hassled? The first thing that comes to mind is that if this topic confuses us, then lowly customs officials will be even more so. Also, how the hell do they know if my guitar does or does not contain Appendix I woods? Cuz if it doesn't, no documents needed. But to prove it doesn't, you need a document ... Catch 22.

Ya know, with all the terrorism that abounds in our modern world, I understand if they want to make sure there is a guitar and not a Kalashnikov in my case. But aren't there bigger issues for customs to worry about than single instruments beign carried by humble amateur musicians?

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If thee meddle with dragon kin, thou will become crunchy and good with ketchup.