Understanding the laws pertaining to ivory, as it may apply to bagpipes, has been extremely frustrating. I have studied that which can be found at US Fish and Wildlife Q&A and I have recently written to Fish and Wildlife seeking clarification.
From: Ron J Bowen <ronjbowen@gmail.com>
Sent: Wednesday, January 8, 2020 10:57 AM
To: Management Authority, FWHQ <managementauthority@fws.gov>
Subject: [EXTERNAL] Importing Bagpipes containing ivory</managementauthority@fws.gov></ronjbowen@gmail.com>
U.S. Fish and Wildlife Services
5275 Leesburg Pike
Falls Church, Virginia
22041
I apologize if I have directed this inquiry incorrectly and ask that you forward it to the appropriate department if this is so.
I am researching the complexities of importing a bagpipe from the UK into the US for non-commercial purposes. Through my website (below) I receive a great many inquiries from pipers wishing to purchase antique bagpipes from the UK for personal use. These are not dealers but serious musicians who desire a classic instrument.
Many old bagpipes contain ivory in excess of the “de minimis” exemption as defined by current law. I have researched this from both the UK and US perspectives and my understanding is that the export/import of old musical instruments containing ivory is permitted as outlined below.
To Export from the UK by post:
International rules still allow Britain and other countries to legally export ivory when it is certified as having been “worked” or “carved” before 1976.
You must present your CITES permit and specimen to the UKBF at one of the points of entry (https://www.gov.uk/guidance/trading-cites-listed-species-through-uk-ports-and-airports-after-brexit) before you post your items to destinations outside the EU. The white copy of the permit should be securely attached to the outside of the parcel. You should keep the yellow copy. UKBF will keep the green copy.
You must complete a customs declaration form CN22 or CN23. This depends on the value of the item. You can get these forms from any Post Office. The customs declaration must include
a description of the goods, the value, and whether they’re gifts or commercial items.
You also need a ‘C&E 83A label: exported by post under customs and excise control’. You can get one by ringing the advice line on 0845 010 9000 21.
According to what I have read on the US Fish and Wildlife website, the import of worked ivory is permitted according to the following.
Import into the US for Commercial Purposes:
There is now no legal import of African-elephant ivory into the United States — whether it is raw ivory, worked ivory, an antique, or a brand-new object — for any commercial purpose.
Import into the US for non-Commercial Purposes
If a musical instrument containing African elephant ivory is to be used for non-commercial purposes, it may be legal to import it into the United States. Provided the ivory for the item was removed from the wild prior to February 26, 1976, and was otherwise legally acquired, the following may be imported into the United States for non-commercial purposes.
I am seeking confirmation that my understanding of the laws is correct and that the import of qualifying instruments for non-commercial purposes is legal. I am asking so that I may pass on correct information to those seeking to purchase old bagpipes from the UK.
Sincerely
Ron Bowen
www.TheBagpipePlace.com
262.422.8503
The response I received… “Thank you for your inquiry. The information is available on our website, here: https://www.fws.gov/
Alright. Stop laughing or crying or whatever emotion you’re feeling at the moment. Unless my interpretation is completely incorrect, I believe that it is possible for an individual to import a qualifying instrument into the U.S. for their own personal use (not for resale) provided they secure the appropriate CITES Permit from the exporting country AND they follow the rules for import. This means that you must import the bagpipe at a designated port (see https://www.fws.gov/le/ports-contact-information.html and click on “Designated Ports”). I think it would also be appropriate to contact the appropriate agency in your state, which can be found here https://www.fws.gov/offices/statelinks.html.
Travelling out of and back into the US with bagpipes containing ivory may still be onerous, time consuming, and expensive. Once a bagpipe reaches 100 years-of-age it is considered an ESA antique. No permits are required however documentation attesting to the age of the instrument is necessary. More information can be found at US Fish and Wildlife Q&A.
In very general terms, my interpretation is that you may buy or sell a bagpipe containing ivory within your state, provided state laws allow this. ESA antiques (items over 100 years old that meet all the criteria) may be bought and sold across state lines with proper documentation.
Under very strict rules, you may import or export bagpipes containing ivory for non-commercial purposes. In other words, you would be able to import a bagpipe containing ivory if it was for your personal use and not for resale.
US CITES Musical Instrument Application
To assist in determining whether or not the ivory on your bagpipe qualifies as “de minimis” the following is a general guide.
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
Generally, GHB’s are offered in standard configurations. These include instruments with no ivory whatsoever, those with a combination of ivory and other materials, and a configuration called “full ivory” which contains the most amount of ivory. The following are approximate overall weights based on these standard configurations.
1. Ivory bushings only 12 grams
2. Ivory rings only 30 to 40 grams
3. Ivory bushings and rings only 40 to 50 grams
4. (half ivory # 1) Ivory rings, bushings, and projecting mounts 240 to 370 grams
5. (half ivory # 2) Ivory projecting mounts and hemp stops 212 to 382 grams
6. (half ivory # 3) Ivory projecting mounts, hemp stops, and bushings 225 to 395 grams
7. (full ivory) Ivory mounts, ferrules, rings, and bushings 488 to 598 grams
The bottom line…If you’re wishing to import a bagpipe containing ivory from outside the USA please contact me and we’ll walk through this together. 
