Duke of Pearl - Posted - 04/12/2011:  13:26:01

Washington, DC, luthier David Berkowitz and myself (Duke of Pearl) have at the last minute been put in charge of doing a 3 hour morning workshop on CITES/Lacey Act/U.S. Fish & Wildlife Service/APHIS/Customs issues regarding natural materials used in stringed instruments, on June 11^th at the Association of Stringed Instrument Artisans (ASIA) Symposium in East Stroudsburg, PA. (see: http://www.guitarmaker.org; contact: nadine@custompearlinlay.com).

New and confusing regulations affect every instrument builder, materials vendor, dealer, player, and collector, and are being aggressively enforced.  Even unknowing violations or first offenses can result in confiscation, heavy fines, bankruptcy, and jail time (I was investigated for 8 months last year by F&W)!

We now have confirmation from an APHIS rep willing to do a presentation, and it looks like we’ll possibly also have anywhere from 1-3 F&W specialists giving presentations.  Along with overviews regarding the luthiery industry in general, they’re also being supplied with specific questions we need answers to, and there’ll be at least 45 minutes for Q&A with the audience (and hopefully time afterwards for informal discussions).  

It’s too late for ASIA to include publicity on this as the last pre-convention issue of Guitarmaker has already been mailed out, although they will be mentioning it on their website.  We're trying to get the word out as much as possible on the internet, such as Facebook and any luthier forums.  Please spread the word on it!  It’ll be a rare chance to be face-to-face with high ranking government authorities for direct answers on everything, and we’re certainly anticipating some serious attendance for it!

The Pope - Posted - 04/12/2011:  13:57:08

Good job, Chuck! Education is good...

grich - Posted - 04/12/2011:  14:36:20

How do they feel about eating baby kittens !

steve davis - Posted - 04/12/2011:  14:42:13

As long as they don't tell me I can't cut my red spruce,we'll get along just fine.

Duke of Pearl - Posted - 04/12/2011:  15:26:54

quote:

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Originally posted by grich

How do they feel about eating baby kittens !

Not sure ... show up and ask!  They're all white meat and probably especially tasty roasted over an open Red spruce fire.

RBuddy - Posted - 04/12/2011:  17:14:15

I think everyone supports legitimate regulation designed to maintain the sources that provide the supplies of our trade. The bad part is that these regulations are often built by politics and based on emotions instead of science.

Thanks Chuck and others involved for going out of your way to find out what's going on and represent the luthier side of the issue.

I hope there is some follow up of the meeting that can be posted here or a transcript or something. If so please let us know.

Brian

Sgtp3pp3r - Posted - 04/12/2011:  17:35:55

Chuck, do these new regulations and the enforcement apply to imports to the USA,  exports from the USA, or do they apply to both?

I have some things I'm working on for customers overseas that have mother-of-pearl inlays, and I was wondering if there was going to be a problem when I go to ship them.

Thanks!

--Steve

Edited by - Sgtp3pp3r on 04/12/2011 17:36:18

desert rose - Posted - 04/12/2011:  17:58:53

It would be worth your time to visit the CITES website as a start. All up to date info should be there

CITES is international. But unless some of the changes Chuck mentions include shell, it wont effect you since they have never been included in the program. Luthier concerns are ivory, tortoise shell and Brazilian rosewood. The Lacey act up to now has concerned woods for us, but again Chuck has up to date info

By all means this presentation should be video taped and made available to the luthier community

Scott

Duke of Pearl - Posted - 04/12/2011:  18:17:59

They apply to imports, exports, re-exports, and interstate transportation.  Any wildlife materials or items which contain them need to be declared.  Animal products such as shell require having a U.S. Fish & Wildlife Service Import/Export permit ($100.00/year) and filing a F&W Declaration Form 3-177, regardless of the size or value of a shipment (no "de minimis" exceptions).  Unfortunately, all wildlife transactions that require permitting are also required to go through a "formal" border clearance procedure, meaning that a customs broker must be used (such as available through FedEx or UPS, but not through the P.O.).

Along with broker fees and miscellaneous other charges there will also be a $91.00 F&W "Inspection Fee" (whether the shipment is actually inspected or not) and a minimum $25.00 "Commercial Transaction Charge" (actually a U.S. Customs fee of .21% of declared value, with a minimum of $25.00).  Even on a valueless shipment, the extra costs will run around $150.00-200.00 or more on top of shipping and insurance -- we have to charge $200.00 more on any international shipment, which of course absolutely kills all small orders.

Although woods also have similar declaration requirements, clearance is through APHIS (a USDA agency) and charges are minimal or nothing.  If a guitar has only a single pearl dot, along with the APHIS paperwork a F&W 3-177 must still be submitted.  Welcome to Big Government!

Edited by - Duke of Pearl on 04/12/2011 18:20:54

Sgtp3pp3r - Posted - 04/12/2011:  19:47:32

Interstate shipments too?  How on earth do they police that?  What are the documentation and fee requirements in that case?

--Steve

Duke of Pearl - Posted - 04/12/2011:  23:21:15

The Lacey Act requires that all shipments entering/exiting the U.S. or moving interstate, which contain any wildlife materials or products, be clearly so marked on the outside of the box or container (aphis.usda.gov/plant_health/la...may08.pdf):

§ 3372. Prohibited acts:

“(b) Marking offenses

It is unlawful for any person to import, export, or transport in interstate commerce any container or package containing any fish or wildlife unless the container or package has previously been plainly marked, labeled, or tagged in accordance with the regulations issued pursuant to paragraph (2) of section 3376 (a) of this title.”

To be in compliance with “paragraph (2) of section 3376 (a)”, how is this done?

For imports/exports: by either 1) writing on the outside of the box “CONTAINS WILDLIFE PRODUCTS” and attaching a list of the contents which includes both the common and Latin names of the species involved, their countries of origin, their Harmonized Tariff Code Classification Numbers, and your F&W Permit Number, or, 2) writing on the box only your F&W Permit Number (“FWS LE XXXXXX-X”) and including a detailed list inside the shipment. 

For interstate shipments: writing on the outside of the box “CONTAINS WILDLIFE PRODUCTS” (or a F&W Permit Number, if you have one) and having either on or inside the box an itemized list with common and Latin names and country of origin (an F&W Import/Export Permit and tariff code are not required since you’re not importing or exporting).

Although I haven’t heard of the interstate shipping regs being enforced anywhere yet, and it’s extremely doubtful that any carrier or agency is even paying attention, we’re now using a stamp for marking all packages with our permit number as mentioned above to avoid F&W showing up at some point and accusing us of not having been in compliance.

Edited by - Duke of Pearl on 04/12/2011 23:35:57

steve davis - Posted - 04/13/2011:  08:04:05

A whale carcass washed ashore on Mosquito Island a few years ago.

I was on my way out there to get me some whale teeth(ivory) and was stopped by the "Clam Cops" and told I couldn't remove the teeth even though the critter was expired.

Boy,there was a global crisis narrowly averted.

beenjammin - Posted - 04/13/2011:  08:23:40

"A whale carcass washed ashore on Mosquito Island a few years ago.

I was on my way out there to get me some whale teeth(ivory) and was stopped by the "Clam Cops" and told I couldn't remove the teeth even though the critter was expired.

Boy,there was a global crisis narrowly averted."

There are artists up here that actually kind of depend on those carcasses for their art supplies...sorry they stopped you.  But I hope these experiences don't just automatically lead into the neo-liberal mindset. These really are important issues. it would be nice to have a video of the meeting, even for us not involved in the trade.

Sgtp3pp3r - Posted - 04/13/2011:  09:15:37

Chuck;

One more question:  Exactly what permit is required to cover export of the pearl components of my instruments?  I went to the F & W site, and there are lots of different permit applications, and I couldn't figure out which one I would need.

Thanks!

--Steve

Edited by - Sgtp3pp3r on 04/13/2011 09:16:26

Duke of Pearl - Posted - 04/13/2011:  09:56:50

quote:

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Originally posted by Sgtp3pp3r



Exactly what permit is required to cover export of the pearl components of my instruments?  

It's the Import/Export License.  Here's the application form: fws.gov/forms/3-200-3.pdf 

Sgtp3pp3r - Posted - 04/13/2011:  11:27:32

quote:

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Originally posted by Duke of Pearl

quote:

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Originally posted by Sgtp3pp3r



Exactly what permit is required to cover export of the pearl components of my instruments?  

 

It's the Import/Export License.  Here's the application form: fws.gov/forms/3-200-3.pdf 

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Thanks VERY MUCH!

--Steve

dhergert - Posted - 04/13/2011:  11:48:55

Hey Chuck, Thank you! I appreciate all the research you're doing and are willing to share about this... 

The inter-state traffic regulation is an interesting issue.  Where does this put a performer travelling with their pre-war Gibson or Martin, or more realistically, with their highly decorative hand-made Asian import instrument?  Also, how does it affect interstate sales and transport of new or used instruments?

Do these regulations cover this kind of thing?

Also, how do the big instrument manufacturers get around all this?

quote:

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Originally posted by Duke of Pearl

It's the Import/Export License.  Here's the application form: fws.gov/forms/3-200-3.pdf 

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Best,

-- Don Hergert

Sweet Tidings Gospel Jam

sweettidingsgospeljam.com



"If you must use your banjo as a snow shovel, do so:

only don't wonder if it sounds dull afterwards."

-- S.S. Stewart catalog, 1896 

Duke of Pearl - Posted - 04/13/2011:  14:56:33

quote:

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Originally posted by dhergert

The inter-state traffic regulation is an interesting issue.  Where does this put a performer travelling with their pre-war Gibson or Martin, or more realistically, with their highly decorative hand-made Asian import instrument?  Also, how does it affect interstate sales and transport of new or used instruments?

Do these regulations cover this kind of thing?

Also, how do the big instrument manufacturers get around all this?

Hi, Don, and thanks for the compliments!  Most of these laws make various allowances for "personal effects" and are more concerned with controlling commercial activities and movements, especially when crossing international borders.  So, carrying a guitar or wearing abalone earrings within the U.S. probably doesn't (yet) require stamping permit numbers on your case or forehead!

The wording of Lacey regarding interstate transport and container markings for wildlife doesn't seem to distinguish between raw materials, parts, and finished goods.  Since I've never heard of these statutes being monitored or enforced, it's another one of those undefined gray areas that can be so worrisome, and is one of the questions we'll ask at the ASIA event.

Large companies don't worry about it any more than small ones do, and my two businesses are probably the only ones in the country marking shipments as specified.  But having been in F&W's crosshairs for most of last year and being fined an incredibly minor $4,050.00 on two citations (for things I'd never heard about), I'm not about to risk being visited again for even the tiniest of violations.

quote:

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Originally posted by fishrrman

"I have no problems with restrictions on ivory or tortoise shell" -- John

Unfortunately this means that absolutely no genuinely antique tortoiseshell objects can be legally bought, sold, traded, or even repaired (if the restoration involves using more material), making vast numbers of rare and valuable historical and artistic relics completely worthless.  It also basically equips F&W with permission to vandalize (confiscate and destroy) precious historically important artifacts if they ever appear on the collector market.  It also means that antique items too damaged to have collector value can't be recycled into the making of new objects, essentially relegating irreplaceable and historically important materials to the local dump.

Fully documented antique ivory is treated somewhat less harshly, but since it's extremely unusual for any antique items to be accompanied by original paperwork, certifying age becomes prohibitively difficult and expensive (if possible at all).

The argument is that as long as even legal markets exist for listed species, it will keep demand alive and encourage contraband activity.  But as far as I know, there's never been a definitive study published which proves that this is actually what happens -- it's thus no more than an unsupported opinion.  Since there's also no published evidence for the contrary view, it remains a war of opinion and we have legislation that's based on nothing more than emotion and wishful thinking.  The question should always be "is it true?", and not "how do I feel about it?" 

Pre-ban Brazilian rosewood lumber with original documentation is perfectly legal to buy and sell, but as soon as it's resawn into guitar sets its age is no older than the day it was run through the saw, making it now post-ban and illegal -- unless it was first certified on a F&W Form 3-200-32 and then the sets registered as "repurposed" pre-ban material.

Sgtp3pp3r - Posted - 04/13/2011:  17:20:44

Chuck, this has been most enlightening! 

Please keep us posted on what you find out at the ASIA get-together!

--Steve

Vapor - Posted - 04/13/2011:  20:23:14

Interesting topic.  Thanks

BanjoDaddio - Posted - 04/13/2011:  21:26:53

Chuck...Great information. Very informatiive...Can anyone attend that meeting in June?....Don

Duke of Pearl - Posted - 04/13/2011:  21:53:00

quote:

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Originally posted by BanjoDaddio

Chuck...Great information. Very informatiive...Can anyone attend that meeting in June?....Don

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It's open to anyone but there's a one-day fee which is a bit more if not an ASIA member (see: guitarmaker.org; or contact: nadine@custompearlinlay.com).  You'd also get into some other great workshops and see the luthier and vendor exhibits all day long, and be able to participate in a really interesting luthiery materials auction in the evening.  We also may be able to videotape the entire session and make it available.

GSCarson - Posted - 04/14/2011:  06:19:41

Thanks for posting this Chuck.  I can't believe the ASIA conference is going to be so close to where I live and I'll be missing it again, makes me crazy.   I suppose if you think very hard about this it also might have implications for just about every fly fisherman taking a fishing trip across country these days.......incredible

Duke of Pearl - Posted - 04/14/2011:  20:14:13

Well...to be fair, the current administration escapes blame for any of this stuff since it was all in place long before, and the regs are more directly tied to very emotionally based "deep ecology" lobbying, questionable international treaties and agreements, and badly written legislation which seems to have taken no thought for small U.S. businesses.  After all, when busy saving a planet some minor and expendable things must be sacrificed...

michael6 - Posted - 04/15/2011:  07:52:55

Thanks for the great information.

Bill Rogers - Posted - 04/15/2011:  09:05:07

 I hid several posts with political comments.  Please keep discussion to facts.

Duke of Pearl - Posted - 04/16/2011:  11:25:25

As of today, the government representatives who'll be participating in the ASIA Workshop are:



George Balady, APHIS Agriculturist (Staff Officer) in USDA's Riverdale, MD, office, a specialist charged with APHIS' role in the Lacey Act.



Craig Hoover, Chief, Branch of Operations, USFWS Division of Management Authority, in Arlington, VA.  He's a Chief Biologist and will be accompanied by someone from their Branch of Permits, and possibly also with a third F&W agent from their Office of Law Enforcement.



Although David and I know a fair amount about the regs, with this much professional heat in the room we plan to just shut up and listen along with everyone else.  We're very pleased that these busy guys are willing to travel and work on a weekend to help us out, and are welcoming them to hang for the day and be available to mix with attendees and continue informal discussions (for which there may be a room available after the lunch break, if needed).  

wfawley - Posted - 04/16/2011:  12:00:26

Well ......... speaking as an egg....... I hate omlettes. I feel so unnecessary.

Wyatt

don wiseman - Posted - 04/17/2011:  07:27:17

The Lacey Act is of much more concern to importers of wood or wood products than other provisions, partly because the amendments that make it so draconian are only 3 years old and the penalties can be very stiff.

Cabin_Hill - Posted - 04/20/2011:  17:46:49

Will the Lacey act have any effect on the shipment of instruments from Japan, China & Korea in the future?