I’ve had the same issue with Border Force. A 2.5 shaku sword made by Japanese smith Kanehisa in 2017 in Gifu prefecture and sold to me by Tozando Sword Shop in Kyoto.
A similarly long and convoluted story with BF refusing to believe the sword was made by traditional methods despite the Tozando giving credence to the idea. I pulled out of the court appearance due to the risk of £2500 costs. I used to be a magistrate and this figure seems at odds with anything we order whilst on the bench. A letter followed saying I could no longer appeal and the sword’s seizure ( they didn’t say that forfeiture was part of withdrawing from a tribunal) would it would be destroyed. Then I received and email saying a further review of my case would be carried out and I should supply more evidence if I have any, by 23/10/24. I obtained a letter from the swordsmith’s son (the original smith as since died) saying his father made the sword, he was his father’s apprentice, and it was made by traditional methods by hand (one of BF’s own exemptions from seizure). A well respected British antique sword dealer very kindly agreed to supply a letter stating the career history of Kanehisa, the prizes he’d won for his work and that he only made swords traditionally and by hand. I also showed them my membership of the British Kendo Association’s Iaido bu, my grade and evidence of third party liability insurance and that I was going to used the sword for swordsmanship training (another of BF’s criteria for import seizure exemption). Thus, I presented two of their criteria for the sword’s release to me.
The review arrived yesterday and are going the release the sword to me (assuming it hasn’t been destroyed as they said they would) and I’m really happy about that and I’m pleased with BF’s considered and full review.
It seems some in BF simply do not listen to the circumstance of one’s case. Their minds are set after seizure and the even say they rarely change their decisions. I had to jump through hoops to obtain the required evidence but constantly feared they’d say, ‘we don’t believe your evidence’. I would’ve taken this to court had the review decision gone the other way since I feel a set of three magistrates would see the illogical behaviour of BF and see in my favour. I was willing to lose £2500 to have my day in court and I was carefully crafting my court deposition using the C.R.A.C method. I’m pleased it didn’t come to that and BF saw the error of their ways in my favour.
Incidentally, BF will not accept the argument that the sword is an ‘objet d’art’ or a collectors item that was one of my mistakes and I think the OP’s.
