USA tariffs that apply to import of ethnographic items.

[Ian]

Hi Alan,

I had considered using one of the private carriers (Fedex, UPS, DHL), but the cost of sending even a small package to or from the US with any of them is prohibitive for the purchaser, and the Customs issues with those carriers is a mess. While I can understand why AUSPOST is taking its time working through the problems with the US tariffs, the delay does not help us.

We may just have to wait it out, Alan, until sanity returns to US trade policies.

Regards, Ian.

[A. G. Maisey]

Yes Ian, that's what it could come down to, just sit things out until the wind blows another way.

But as can be seen in Lee's post & the Nihonto Message Board discussion, there is certainly a degree of confusion about the present situation. However, if we take a strictly rational position which is in accord with the provisions of the legal framework that dictates what the tariff, if any, should be, it might be possible to dispel some of this confusion.

The item that began the Nihonto discussion is a Japanese sword, it is able to be classified by application of the HTS provisions as either a collectable item of ethnographic interest or as an antique. To determine the correct classification this must be determined in accordance with its primary interest, so it is required to be able to present an argument that supports either a primary interest as an antique, or a primary interest as an ethnographic collectable.

The pivotal question is this:- is this item collectable because it is an antique, or is it collectable because it is of ethnographic interest?

In my opinion, a good barrister could frame a convincing argument for either case. But we cannot have both classifications, the tariff must be decided under only one classification. In this situation we opt for the most favourable classification and comply strictly with all government required actions. I doubt that we would want a lawyer involved.

The value of the item is not relevant in determining the applicable tariff, most especially is it not relevant now, since the $800 threshold has been removed. It may well be that the value of an imported item could generate some impact on the cost of importation, but as far as determination of a classification under the HTS Schedule, that value is not something to be considered.

The only thing that is relevant is how the item should be classified, and there is a framework within which that can be achieved.

In my initial post to this thread I included a link to the Customs & Border Protection ruling that clarifies the way in which the responsible authorities consider matters such as this. Here is that link again:-

https://rulings.cbp.gov/ruling/N346428

This official ruling could be used as a model for preparation of a supporting document for the HTS classification used.

In the case of an item of high value, it might be advisable to use a professional service to deal with a matter such as this, but I believe that where the value of an item is of a comparatively low value, then the required documentation could easily be provided by the seller. We are considering this matter as it presently applies to import into the USA, but in fact, a similar situation has applied in Europe for many years, and can be satisfied by provision of an invoice or warrant statement.

I would welcome any information that can demonstrate that what I have written above is incorrect or inaccurate.

[Sajen]

My last two ethno blades I shipped on Aug. 23 this year and it arrived without any trouble by the buyer on Sept. 02. I don't know if this is of any help.

Regards,
Detlef

[A. G. Maisey]

Thank you for that info Detlef.

Yes, I think that this additional information is useful.

To me, it indicates that US postal officials are still working by the officially approved and documented procedures set forth in the 2025 HTS Revision 24.

At least insofar as low value private parcels are concerned.

High value imports to USA might be getting different attention, & I do not have sufficient knowledge of internal procedures to form an opinion on this, but as far as little fish go, I rather suspect that things will continue as they have in the past at least until another HTS Revision has been documented and issued. Even then I strongly suspect that for ethnographic items things could still stay the same.

There is another consideration also, and it is really a tariff or duty matter, it is a matter of bottom line numbers, ie, accounting.

Where countries have a duty free limit on personal imports it is not because they have hearts of gold & do not want to punish little people buying & selling little things.

Governments have these duty free provisions because to place any sort of tax on items below a certain level can result in an overall loss. Depending upon how that loss is calculated, the tax free limit varies, & might consider factors that would never be considered by any but the most diligent bureaucrat or number cruncher.

[DaveA]

Hello,

I have noticed in the past two weeks that a few auction houses have begun to explicitly state that they won’t ship to the US. I just tried to order a rare book from a Bulgaria bookseller, but they informed me that Bulgaria Post is not accepting packages with US destinations.

As a buyer, I am limiting my search, for now, to sellers who state that they ship from the US. On the plus side for me, the tariffs (a nuisance IMHO) may translate into less competition from my non-US colleagues in EEW collecting. Hasn’t happened yet.

[Sajen]

Yesterday a US buyer bought something from me on ebay, DHL doesn't accept parcels anymore to the States when they are declared as trading goods. Only parcels which are declared as gifts with a maximum worth of $100 are accepted.
For trading goods they advise you to use DHL Express, I will inform myself by DHL Express how are the conditions for trading goods to the States and will share the information with you.

[A. G. Maisey]

Thank you for your update Detlef.

Since my previous post to this thread I have been doing some testing of the entire international parcel post system.

I have found several deficiencies that militate against the vast bulk of international parcels sent from Australia to anywhere. These deficiencies have resulted in correspondence with the CEO of Australia Post, my local member of Parliament (who has been requested to refer the matters addressed to the responsible federal member of parliament), and the US Customs & Border Patrol.

I really do not expect any positive results from any of this, but at least it lets the people who are supposed to make things work know that there is somebody out there who is not asleep.

[Sajen]

Originally Posted by Sajen

Only parcels which are declared as gifts with a maximum worth of $100 are accepted.

Yesterday a parcel returned I sent to the States before, declared as a gift with a worth of $98.
After some calls with DHL I get the impression that any parcels to the States are impossible at the moment.

Originally Posted by Sajen

For trading goods they advise you to use DHL Express, I will inform myself by DHL Express how are the conditions for trading goods to the States and will share the information with you.

DHL Express is very expensive but would be ok for expensive items.

[Bob A]

Originally Posted by DaveA

Hello,

I have noticed in the past two weeks that a few auction houses have begun to explicitly state that they won’t ship to the US. I just tried to order a rare book from a Bulgaria bookseller, but they informed me that Bulgaria Post is not accepting packages with US destinations.

As a buyer, I am limiting my search, for now, to sellers who state that they ship from the US. On the plus side for me, the tariffs (a nuisance IMHO) may translate into less competition from my non-US colleagues in EEW collecting. Hasn’t happened yet.

I recently (mid-September) ordered and received a rare and pricey book from Hungary, with no duty and no issues.

I've rec'd correspondence from a Canadian book dealer indicating that books were not subject to duty.

I received the book set Drawing the Sword from the Netherlands with no indication of duty being required. (The shipping was quite expensive, but the package was as heavy as a box of bricks, so it didn't seem out of line).

[A. G. Maisey]

I have currently spent untold hours on this matter, & I have tested it as well as I am able.

I have looked at the legal issues involved in the affixation of tariffs & most especially at the affixation of tariffs applied to HTS code 9705 (& extensions).

I have reached certain conclusions that I do not wish to comment on here.

I have had my conclusions reviewed by two lawyers whose business it is to understand international trade law, & those gentlemen have agreed with my conclusions.

I think that for the moment any shipping of the type of things that we discuss in these forums is off the table, insofar as USA is concerned.

Hopefully sanity will prevail eventually, but until it does, it is perhaps best to simply be patient.

[Sajen]

Originally Posted by A. G. Maisey

I think that for the moment any shipping of the type of things that we discuss in these forums is off the table, insofar as USA is concerned.

Hopefully sanity will prevail eventually, but until it does, it is perhaps best to simply be patient.

Agree complete with you!