Revised CITES Regulations to Allow Sale of Musical Instruments with CITES Appendix 1 Species

The Fish & Wildlife Service has amended the "use after import" provisions of its CITES regulations (50 CFR 23.55) to allow for the commercial sale of musical instruments and other products containing CITES Appendix I species (e.g., ivory, Brazilian rosewood and Hawksbill turtle shell).

Under the old rules, which were adopted in 2007, use after import was limited to noncommercial purposes only.  Thus, the sale within the U.S. of vintage instruments such as guitars was prohibited, although no enforcement actions were ever undertaken.

The new rules allow for domestic sales if the species was lawfully imported and if the seller can "clearly demonstrate (using written records or other documentary evidence)" that the species in the instrument was imported prior to its CITES listing.   No advance permits are required, and FWS officials have not specified what kind of documentation is required under the new rules.

Some observers have suggested that manufacturers and retailers selling instruments with CITES-listed species include with each product an affidavit or certificate stating the seller's belief that the listed species used in the instrument was lawfully imported into the United States.

The final CITES rules can be found HERE.