Importing swords

[jester78]

I was just wondering if any of the australian members on this site could help me out at all with any info about importing nihonto into australia. I have been on the customs site and still do not have any real answers. So I really don't know what tax rate they will charge and the paper work you have to send in to allow you to import. Any help or info would be great.

 

Thanks in advance

J harris

[Darcy]

I haven't done any work related to Australia, but you do want to call customs I would think and ask them directly.

 

What you want to say is that you are going to import an antique art sword from Japan, that has a "harmonized tariff code" of 9706.00.00.90. You would like to know the duty rates (it will be duty free 99% sure), and tax rates (some countries have reduced taxes on antiques).

 

Have the seller or sender put a photocopy of the NBTHK or NTHK papers for the sword in with the external paperwork. This is justification for antique status (if it is more than 100 years old). Translate the key items, like for instance if it just has a mei or a mumei attribution, translate the mei. Indicate then what period the swordsmith or school worked in. Write this right on the photocopy.

 

If no papers, and the sword is dated, put in a scan/print of the nakago, both sides with date. Same for mei if you can match up to a book.

 

Customs will just want justification for a lowered duty/tax rate.

 

If it is not more than 100 years old and it is an art sword, it is a "collectible item of historcal/ethnographic interest." 9705.00.00.90. You will need to justify why... one thing is that it is a 1,000 year old tradition, only made in Japan... WWII and earlier swords are easiest to justify, newer ones may be harder. See my posts on this subject for more info.

 

9705 has the same properties as 9706 in terms of duties and probably taxes.

 

If you have no date, no papers, no mei, no nothing, then you can still claim this status but the agent may deny it and assign you 9307.00.00.90 (swords). That will get you duty and max tax rate. You could probably appeal afterwards, but it's better to get this stuff straight in advance.

 

Calling customs, and talking to an agent in advance, getting their name "if you have more questions" can certainly help if your sword is stopped on import. If you call and can say that you talked to agent X in advance and did your best to document everything, then you are informed and prepared and that makes a customs agent feel more comfortable giving you the benefit of the doubt that you're not pulling a fast one.

 

I don't know about Aussie customs, but in Canada, these guys have always been really great to deal with when calling for information or assistance. They're usually rougher when something is stopped and they're trying to figure things out, but in my case even when stopped for more info, I've supplied and they've always ruled correctly.

[jester78]

Thanks for that darcy I will talk to customs by phone. Being in Australia there is not the range of swords or the type I am looking for so that is why I am thinking about importing.I just want to make sure I do everything right as this is my first nihonto I will be purchasing.

 

Regards

Jeffrey

[tonyb]

Hi jeffrey,

I live in

perth and have imported nihonto from The US and England.

If the value of the sword exceeds AUS$1000 you must pay GST[%10]

And a $49.50 recording fee.

So if a sword is valued at AUS$1500 you would be up for $199.50.

If the value of the sword is less than $1000 there are no fees and no duty.

Cheers tony

[Retroject]

Hi Jeffery,

 

Sorry for the lateness of my post, and you've probably work out all your answers by now, but I just wanted to remind readers of something often forgotten when it comes to importing.

 

Customs is one thing, but you really have to keep quarantine in mind too. If a saya or any other attachment to the sword is made from an endangered or protected spieces, the item will be confiscated and distroyed. No ifs, no buts.

 

If for example it is wrapped in shark-skin, you will need to make sure that its not great white, or grey nurse or any of the other protected spieces. Australian Quarantine are especially strict on this.

 

If in doubt, always try to have the sword inspected prior to import, or have the sword mounted in fresh mounts.

 

Hope this helps everyone.

 

Cheers Warrick

[Jean]

Hi Warrick,

 

It is very interesting. Does it mean that this Australian law can apply to Antiques which were made hundred years ago?

 

In France, there is an intangible aspect of the Law, retroactivity is unconstitutional.

[Retroject]

Hi Jean,

 

Yeah, it's really strict part of Australian Quarantine Rules. There are ways around it, but involves lots of paperwork and expense. It's basically designed so that real antiques with prohibited substances can only be imported by museums and government departments. Most of this needs to be completed also prior to the artefact leaving the shore of origin.

 

When my Grandfather died it took me $1200 and almost 18months to be able to bring into Australia an heirloom which contained ivory.

 

Warrick

[jester78]

Thanks for that warrick. I will make sure when I find the sword I like that it doesnt have anything that can not be imported into australia. If that is the case what are the rules for shira sayas as they are wood. Do they have to be checked by customs aswell.

 

Thanks in advance

Jeffrey H

[Retroject]

Hey Jeffery,

 

I believe this is the safest option. Most woods from overseas can be checked here, and most types are safe for import. Depending on material it may need to be fumigated for wood borers, but once done, will be released quite quickly.

 

Good luck with the hunt.

Warrick

[Justin]

Hi Jeffrey,

 

I have imported several swords into Australia with no problems (both with shirasaya and antique koshirae). To my knowledge, hinoki wood and same are no problems for customs. If the tsuka or saya is falling apart or something, then you may be in trouble.

 

I don't know where you're located, but Victoria has strict new laws on sword possession. You need to be registered with Victoria Police as a collector or a member of an exempt organisation or club (I have a list of applicable clubs if you're interested).

 

The GST payment is a pain and there is no way around it unfortunately. I would definely ask the seller to put something like 'Antique Japanese Sword - more then 100 years old' on the customs slip. That way it will meet the criteria that Darcy described above and go through a bit smoother.

 

Good luck.

 

Regards

Justin

[jester78]

Thanks for that justin. I live in brisbane so i dont have to worry about the police which is great. You also have the import paper work fee that is $50 to $70 aswell.Do you know of any sword clubs in QLD or Brisbane that are around?

 

Jeffrey H

[Justin]

Hi Jeffrey,

 

Another option is to use a customs broker. Instead of the $70 import fee, you'll pay about $250, but it might be worth it if you're worried. I have used George Turner Customs in Melbourne for some Japanese armour and they did a great job.

 

I don't believe there are any Japanese Sword Clubs in Australia at the moment. There used to be The Japanese Sword Society of Australia (JSSA), but they finished up about 5 years ago due to public liability insurance issues and a lack of people to take up committee positions.

 

I personally believe it is a shame we don't have a sword study groups here in Australia.

 

Perhaps you should look at joining one of the overseas sword clubs? The Northern California Japanese Sword Club is good. They produce a monthly newsletter called 'To-Ron' which usually has some good articles on a particular den or smith. The NCJSC can be contacted at info@ncjsc.org or http://www.ncjsc.org. You might also try the Northern Token Society of Great Britain. They can be contacted at d.fuller30@ntlworld.com or http://www.northerntokensociety.co.uk/ Other options include the NBTHK or NTHK in Japan, however there publications are mostly in Japanese. I believe Rich Stein has a list of clubs on his website (http://home.earthlink.net/~steinrl/nihonto.htm).

 

Regards

Justin

[Brian]

Don't forget about the Japanese Sword Society of the US. http://www.jssus.org/

Also a great society with a nice newsletter. Both the JSSUS and NCJSC are $60 per year for overseas members, and are well worth it. I am sure the others are also excellent, but don't have any personal experience with them yet. Hope to change that soon.

 

Brian