[meteorite-list] International Shipping/Customs Questions

From: Rob Holcomb <rob.holcomb_at_meteoritecentral.com>
Date: Sun, 3 Oct 2010 22:07:08 -0700
Message-ID: <A5A1DE2F82474107AFE8DCB51A76C2CB_at_ATTHEFARM>

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" <mstreman53 at yahoo.com>
Sent: Sunday, October 03, 2010 9:44 PM
To: "Matthew Martin" <mmartin at meteoritetreasures.com>; "meteorite list"
<meteorite-list at meteoritecentral.com>
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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Received on Mon 04 Oct 2010 01:07:08 AM PDT