That is a very interesting discussion and clearly points out the nuances of
the labeling and not the actual package contents. I had a package of
"geologic samples" opened once in US Customs, it was resealed with
approximately 2 rolls of TSA sealing tape because they couldn't figure out
how to close the container once they opened it. "The agent doesn't care
what it is, so long as it fits neatly and legally in the paperwork" is SO
true! Do you know about Vogons and their bureaucratic BS?
Rob H
http://www.insanecows.com
http://robholcomb.redbubble.com
--------------------------------------------------
From: "MEM" <[email protected]>
Sent: Sunday, October 03, 2010 9:44 PM
To: "Matthew Martin" <[email protected]>; "meteorite list"
<[email protected]>
Subject: Re: [meteorite-list] International Shipping/Customs Questions
Hello Matt, List
Disclaimer: This below discussion is for entertainment purposes only and
the
reader should consult their own legal services for legal advice as
applicable.
All those terms you mention apply to "meteorites" legally and
legitimately.
Meteorites are a subset of rocks so they are "geological samples". If you
mark the contents as "meteorite" you are inviting pilferage and the kind
of
inquiry noted. To my knowledge "meteorite" is not a classification in the
tariff
tables so it can be subjectively placed within a more expensive tariff
class if
the customs agent is having a bad day. I prefer the declaration
"geological
specimen for study" vs "scientific" as it removes any question of it not
being a
"biological sample". So if you declare it a "geological sample for study"
the
customs agent can check the little box on the computer screen and your
packages
is on its way. The agent doesn't care what it is, so long as it fits
neatly and
legally in the paperwork. Don't give them a motive to think outside the
box.
Here are several facts regarding the nuances of shipping into the US and
an
example of how items can have multiple "values" legally. Under US import
rules,
scientific samples are not duty-able, however biological samples can be
embargoed/quarantined for additional information-- invite inspection at a
Level
3 containment facility and be arbitrarily destroyed if everything is not
letter
perfect including CITES compliance certification( Endangered Species
Compliance). Technically, if importing/mailing "rocks" vs "geological
samples"
into the US, you may have also have to certify that they have been
autoclaved in
an oven at 250(?) degrees F for 2 hours(?) to kill nematodes. Once again,
"geological samples for study" invites the least attention both by customs
agents and thieves.
One gray area is the value declaration "No Commercial value(NCV)". My
rule of
thumb is, if the intrinsic value of a specimen is substantially less then
its
study value ( NOTE: I am not addressing "collector's value" for then is
may have
commercial value) then you can still insure it under the theory of
asset/replacement value and still legally and legitimately declare "No
commercial value". Importing small quantities of rocks and or minerals
into the
US is generally not taxed. If shipping a specimen outside the US where
they have
hard line import/VAT fees I believe you are entitled declare NCV but if
you
insure it for extraordinary value then depending on country to country the
insurance value might invoke Duty/Vat charges on the customer.
CAVEATS: If you are importing "ruby facet rough" for the purpose of
making your
own finished stones, then I am not sure you are entitled to use "NCV or
Geological sample for study" in the customs declaration. If however you
are
redistributing/reselling it or reshipping it to others who may be only
buying it
for a "study sample", then you might be able to legally use "NCV/Specimen
for
study". It is a gray area and depends on if you are receiving a small
packet or
a Sea-Land 40ft container. "Country of Origin" can a problem if importing
material which was originally recovered in Mymimar or pearls from
Tahiti(?)
unless they contain within the packing the words " Collected before
embargo"
assuming they were in fact from old collections.
Intrinsic vs Commercial vs Asset valuation.
You go to on expedition to Greenland for 4 weeks and collect fossil
bearing
rocks for distribution to other researchers or for your own amateur study
(
NOTE: "Research" includes "study" but "study" doesn't always imply
"research".
The exclusion wording in US law is " specimens for study").
The rocks themselves, in the low quantity you are shipping/importing, are
"intrinsically" equal to "gravel" in value-- limestone is limestone is
limestone--10 cents per lb at your local landscaper. In and of itself. a
specimen, or crate thereof, may not have intrinsic value. Exceptions maybe
precious metal nuggets where intrinsic value could be argued but are
generally
never questioned by customs unless they have extraordinary value like
several
thousand coin of the realm. If they are not intended to be refined then
they
theoretically qualify as no intrinsic value. NOTE: "No intrinsic value" is
a
legal concept-- not for customs declaration purposes. It is a legal
argument
against being taxed should the issue arise. If anyone has nuggets they
can't
import send them to me I CAN whip out a quick study plan but will of
course have
to retain a portion for my own study and edification.
Back to our example, the cost of collecting is called the acquisition cost
which
is the accounting value you place on your "asset" -- e.g. the expedition
cost to
go to Greenland, room, board, tool rental, local guide, supplies while
there and
etc--. Lets say it works out $1000 per kilogram. This is the cost to go
back to
Greenland and replace the material and what you are insuring.
You may legitimately value the specimens along those lines even if they
have no
commercial value. So even if it is gravel in a commercial sense it has no
"intrinsic" value but still "valuable" to study --Say...study the
evolution of a
sub-species of trilobites of the Ordovician found only in Greenland--ergo
its
scientific value far exceeds its intrinsic value and can be worth $1000
per kilo
for asset valuing purposes and be still be of no commercial value.
Cut stones; Even though cut stones are or were legitimately geological
samples,
the act of cutting to a gem, moved them into a "manufactured goods"
category
which can be duty-able, but not as much tariff as they would get be were
they
set in a finding-- then they are jewelry and garner a luxury tariff.. The
cutting /preparation of a geological "specimen" in general does not change
its
classification since cutting is customary practice in preparing samples
for
study--and does not alter its intrinsic value.
Disclaimer: This above discussion is for entertainment purposes only and
the
reader should consult their own legal services for legal advice as
applicable.
Elton
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