Understanding Ivory Laws
No one is quite sure when makers began using ivory to accessorize and enhance bagpipes. We do know that the earliest examples had cattle bone or horn for ferrules, rings, and bushings. In the early part of the 19th century we start to see more and more ivory being used. By the mid 1800's both marine and elephant ivory had displaced horn and bone as the material of choice. Since the very late 1800's a number of natural and man-made materials have been introduced. The most recent synthetic materials could easily pass for ivory (visually).
In the United States and around the world governments have acted to protect elephants in the wild by imposing restrictions on the sales of ivory. This short explanation will deal with most of what you need to know (in the USA).
Ivory, as part of a musical instrument, may be imported into the US for non-commercial purposes, provided it was removed from the wild prior to February 26, 1976. It must be accompanied by a valid CITES document from the country of export. Of note, "non-commercial purposes" means that the item is not primarily intended for or directed towards commercial advantage or monetary compensation.
What this means is that a resident of the US may import an ivory bagpipe provided it meets the criteria and provided it's primary purpose is personal and not commercial. This does not mean that it cannot be sold somewhere down the line however it does mean that the primary purpose of importing the bagpipe was not to resell it.
Selling your ivory Bagpipe - Under Federal law, you can sell your African elephant ivory within your state if you can demonstrate that your ivory was lawfully imported prior to the date that the African elephant was listed in CITES Appendix I (January 18, 1990). This documentation could be in the form of a CITES pre-Convention certificate, a datable photo, a dated letter or other documentation provided by a qualified individual. If you are attempting to sell a bagpipe containing African elephant ivory, you should be prepared to provide appropriate documentation. You should also pass along all documentation to the buyer.
Some states have laws prohibiting or restricting the sale of ivory. I believe that these are New York, New Jersey, Hawaii, California, and Washington State. Check to make sure that you are in compliance with local and state laws. Contact your state to check on their requirements.
The sale of African elephant ivory items across state lines is prohibited, except for items that qualify as ESA antiques and certain manufactured or handcrafted items that contain a small (de minimis) amount of ivory and meet specific criteria. This is defined as containing less than 200 grams of ivory.
Approximations:
1. Bushing 4 grams each X 3 = 13 grams
2. Ring 10 to 13 grams each X 3 = 30 to 40 grams
3. Hemp-stop 3 grams each X 4 = 12 grams
4. Projecting mount 25 to 40 grams each X 8 = 200 to 320 grams
5. Ferrule 15 to 25 grams each X 9 = 135 to 225 grams
6. Mouthpiece bulb each 40 grams
7. Chanter Sole 50 to 60 grams each
A bagpipe containing less than 200 grams of African Elephant ivory that was imported into the US prior to January 18, 1990 may be sold across state lines, excepting those states that prohibit such transactions.
There is another exemption for those bagpipes that qualify as an ESA antique. The bagpipe must be 100 years old or older. There must be no repairs or modifications to the ivory after December 27, 1973. (I would interpret this as "no replacement ivory" installed after this date.) Another condition is that it has to have entered the country through an endangered species “antique port.” There is an allowance for items that entered the country prior to September 22, 1982.
The bottom line here is that you may own, travel within the USA, purchase and sell bagpipes containing ivory provided the instrument meets certain criteria and provided your documentation supports this. You may also travel cross international borders however the present procedure is expensive and onerous.
Whether your needs are for CITES or for insurance purposes, I can prepare a Certificate of Authenticity for you. You can download a Certificate of Authenticity Sample PDF here.
In the United States and around the world governments have acted to protect elephants in the wild by imposing restrictions on the sales of ivory. This short explanation will deal with most of what you need to know (in the USA).
Ivory, as part of a musical instrument, may be imported into the US for non-commercial purposes, provided it was removed from the wild prior to February 26, 1976. It must be accompanied by a valid CITES document from the country of export. Of note, "non-commercial purposes" means that the item is not primarily intended for or directed towards commercial advantage or monetary compensation.
What this means is that a resident of the US may import an ivory bagpipe provided it meets the criteria and provided it's primary purpose is personal and not commercial. This does not mean that it cannot be sold somewhere down the line however it does mean that the primary purpose of importing the bagpipe was not to resell it.
Selling your ivory Bagpipe - Under Federal law, you can sell your African elephant ivory within your state if you can demonstrate that your ivory was lawfully imported prior to the date that the African elephant was listed in CITES Appendix I (January 18, 1990). This documentation could be in the form of a CITES pre-Convention certificate, a datable photo, a dated letter or other documentation provided by a qualified individual. If you are attempting to sell a bagpipe containing African elephant ivory, you should be prepared to provide appropriate documentation. You should also pass along all documentation to the buyer.
Some states have laws prohibiting or restricting the sale of ivory. I believe that these are New York, New Jersey, Hawaii, California, and Washington State. Check to make sure that you are in compliance with local and state laws. Contact your state to check on their requirements.
The sale of African elephant ivory items across state lines is prohibited, except for items that qualify as ESA antiques and certain manufactured or handcrafted items that contain a small (de minimis) amount of ivory and meet specific criteria. This is defined as containing less than 200 grams of ivory.
Approximations:
1. Bushing 4 grams each X 3 = 13 grams
2. Ring 10 to 13 grams each X 3 = 30 to 40 grams
3. Hemp-stop 3 grams each X 4 = 12 grams
4. Projecting mount 25 to 40 grams each X 8 = 200 to 320 grams
5. Ferrule 15 to 25 grams each X 9 = 135 to 225 grams
6. Mouthpiece bulb each 40 grams
7. Chanter Sole 50 to 60 grams each
A bagpipe containing less than 200 grams of African Elephant ivory that was imported into the US prior to January 18, 1990 may be sold across state lines, excepting those states that prohibit such transactions.
There is another exemption for those bagpipes that qualify as an ESA antique. The bagpipe must be 100 years old or older. There must be no repairs or modifications to the ivory after December 27, 1973. (I would interpret this as "no replacement ivory" installed after this date.) Another condition is that it has to have entered the country through an endangered species “antique port.” There is an allowance for items that entered the country prior to September 22, 1982.
The bottom line here is that you may own, travel within the USA, purchase and sell bagpipes containing ivory provided the instrument meets certain criteria and provided your documentation supports this. You may also travel cross international borders however the present procedure is expensive and onerous.
Whether your needs are for CITES or for insurance purposes, I can prepare a Certificate of Authenticity for you. You can download a Certificate of Authenticity Sample PDF here.