US Customs Clarifications for Import

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estebanana

Posts: 9351
Joined: Oct. 16 2009

US Customs Clarifications for Import

Hey you guys,

I was checking the tracking on a guitar I sent to the US, I follow them in via the Japan Post tracking service.

The instrument arrived in Chicago, but was held there so I contacted the customer to see if US Customs had notified him of what paperwork he needed to file to release the guitar to USPS. I had provided the customer with the PDF of the PPQ-505 form that the Dept of Agriculture requires for any plant material product entering the US. Guitars are made from trees obviously.

I got proactive and called US Customs office in Chicago via Skype and they quickly directed me to the Airport Office of Customs where I spoke with a very helpful agent who provided me the Fax # of the Formal Entry Desk at O'Hare International airport. The agent also looked up the guitar in the data base, took three seconds, and he told me Customs had already sent postal mail notification to the customer that they needed the paper work.

I gave the Fax # of the Formal Entry Desk to the customer via email right away, who then in faxed the entry desk. I told him to ask the entry desk agent if he could please tell him which papers to file in order to expedite the release of the guitar to USPS for final delivery. The Desk agent promptly replied to the customer over the phone and told him he needed to go ahead and fax the PPQ-505 I had emailed the customer. The agent then determined through the conversation that my customer was not a commercial dealer or whole sale seller for guitars, but an individual who will use the guitar for his own use. The agent instantly reclassified the guitar as a non-commercial shipment and said the PPQ-505 form did not have to be filed in order to deliver to a non commercial customer. According to US Customs agents at a major Port of Entry, non commercial sales are not subject to filing a PPQ-505 and thus the non-commercial sale instrument has not breached any laws if it enters the US without this form being filed.

This is significant because it clears up the question of when to use the PPQ-505 form. Use this form when you are sending a guitar directly to a commercial reseller who is buying wholesale. It may be advisable to cover your bases and provide the the private customer with the form just in case, but the Formal Entry Desk agent issued a paper of reclassification stating the shipment is non commercial. For those who send guitars into the US this information should be helpful.

I would also suggest making a list of all the woods in the instrument with common names and scientific names and making sure you have sales records for all the wood, even if t is not CITES appendix high profile. If you are sending a CITES restricted wood you should be prepared to do full paper work, but for the average Cypress or Indian Rosewood guitar going to a private customer it looks like the PPQ-505 will not be asked for in non commercial transactions.

That said, I'm not responsible for your shipment, but only passing on a route through the US Customs system to be proactive and expedite the shipment yourself. I would also note there are some parts of the USDA website that can't be accessed by some internet providers outside the US. I would have competed the PPQ-505 form as courtesy to the customer, but I could not access the tax code section of the USDA website from where I am. In the end the receiver of the goods is responsible for filing the proper agriculture forms although the instrument maker can assist by providing as much materials information possible.

This also indicates that if you are importing commercial plant based goods, wood parts, to the US in quantity for resale, the PPQ -505 form is required. If the intention is to resell the goods and you are not the end user it would be prudent to observe this form. Although once the parts are installed on an existing instrument it would be difficult if not impossible for US Customs to find out, or probably even be worth their time. I think it would be prudent going forward to have a PPQ-505 on file for inventory of wood parts you have in your shop that are obviously new. If you by a small quantity the US Customs is probably not looking for you, but you have to assess your own situation.

It looks like unless you are trying to get away with not paying a substantial amount of commercial taxes and not following commercial importation procedures the US Customs agents will be able to tend to your shipments if asked in a professional and courteous manner. The folks I spoke to were far from being the sub human ogres and wonks they get painted as. They seemed to take a genuine interest in helping me gain clarification and moving the customers package forward.

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https://www.stephenfaulkguitars.com

REPORT THIS POST AS INAPPROPRIATE | Date Jun. 4 2016 2:09:40

Leñador

Posts: 5237
Joined: Jun. 8 2012
From: Los Angeles

RE: US Customs Clarifications for Import (in reply to estebanana)

Jeez, what a kerfuffle, great info though. It seems so crazy to me that shipping something so benign can be so complicated. My lady had a bata held up in Spanish customs for 3 months, they just hang up on you over there, we even had a Spaniard calling and got nowhere.

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\m/

REPORT THIS POST AS INAPPROPRIATE | Date Jun. 4 2016 5:22:58

estebanana

Posts: 9351
Joined: Oct. 16 2009

RE: US Customs Clarifications for Import (in reply to estebanana)

It's actually very easy it took 20 minutes which consisted of dialing two numbers, talking to two agents for a few minutes and then passing the info via email to the customer who faxed his question. Then he emailed me back and said they were extremely nice and had moved the process forward on the spot.

It took less time than dealing with the bank on the phone and they actually pick up the call, you don't have to go through 5 minutes of button pushing on a robot menu.

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https://www.stephenfaulkguitars.com

REPORT THIS POST AS INAPPROPRIATE | Date Jun. 4 2016 7:13:02

BarkellWH

Posts: 3458
Joined: Jul. 12 2009
From: Washington, DC

RE: US Customs Clarifications for Import (in reply to estebanana)

Great information, Stephen. You have really done your customer and U.S. buyers of guitars abroad a big favor with this post. Just as an aside, I have always found Customs and Immigration officers to be helpful to people with whom they are dealing as long as the people themselves are courteous and respectful. There is always the exception, but on the whole I think they try to be helpful and efficient in fulfilling their duties.

Bill

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And the end of the fight is a tombstone white,
With the name of the late deceased,
And the epitaph drear, "A fool lies here,
Who tried to hustle the East."

--Rudyard Kipling

REPORT THIS POST AS INAPPROPRIATE | Date Jun. 4 2016 13:45:23

Richard Jernigan

Posts: 3430
Joined: Jan. 20 2004
From: Austin, Texas USA

RE: US Customs Clarifications for Import (in reply to BarkellWH)

Well done, Stephen.

Some U.S. Customs agents, despite an outwardly gruff demeanor will actually go out of their way to be helpful. I used to travel to Europe and England regularly on business. On my return home I would smuggle a few Cuban cigars.

I landed at JFK in New York, and was picked to have my luggage inspected. When I opened my suitcase, I was disapponted to see that I had forgotten some cigars in it. My usual tactic was to put them in my pockets, which they mever searched. The surly seeming Customs agent immediately grabbed the cigars, held them up accusingly and asked, "What are these?"

"Cuban cigars, I'm afraid, " I replied, shamefacedly.

It was winter, I was wearing a trench coat. The agent handed me the cigars and said gruffly, "Put 'em in your coat pocket, stupid."

RNJ

REPORT THIS POST AS INAPPROPRIATE | Date Jun. 4 2016 16:36:21

Ricardo

Posts: 14801
Joined: Dec. 14 2004
From: Washington DC

RE: US Customs Clarifications for Import (in reply to estebanana)

Great story! Now how to get that guitar made from illegal undocumented woods by cannibals and child slaves in Indonesia over to DC without much hassle?

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REPORT THIS POST AS INAPPROPRIATE | Date Jun. 4 2016 23:15:11

estebanana

Posts: 9351
Joined: Oct. 16 2009

RE: US Customs Clarifications for Import (in reply to Richard Jernigan)

quote:

It was winter, I was wearing a trench coat. The agent handed me the cigars and said gruffly, "Put 'em in your coat pocket, stupid."

RNJ

I was leaving Guatemala in 2005 in the waiting area before baording. Airport security and a pod of machine gun clutching fellows collected me. The captain of the guard somberly said "Are you pasajero Faulk? Please come with us."

As I walked I tried to remember if I had done anything wrong, nothing came to mind. I thought this is either a misunderstanding of little import, or a big misunderstanding which might be a problem. I just walked calmly behind an unmarked security door in the terminal hall, with five big unhappy guys and four machine guns. They took me to a small stark white room, nothing in the room but a table and my luggage bag on the table. We stood there all six of us in the small room and no one said anything. I then knew why I was there. When everyones pants and police gear stopped rustling I heard a tick-tick tick- about 65 BPM.

The captain said What is that? I said metromomo. He said take it out. I unzipped the bag and noted the machine gun fellows were not super happy. I removed the Sony metronome slowly and showed it to the captain. I am going to turn it off now I said. he said do so. I said I will remove the battery now. He said do so. He said put it it back in the luggage.

He looked at me and said "Stupid gringo. Don't do that again."

Then the whole band and captain escorted me back into the waiting area where the other passengers saw me doing the perp walk and looked accusingly at me, even though I was being set free into the international zone.

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https://www.stephenfaulkguitars.com

REPORT THIS POST AS INAPPROPRIATE | Date Jun. 5 2016 1:02:58