Question about US Customs

[hissatsu]

I received a shipment from amazon.jp today (RideBack Vol 1-3 Blu-ray), but first it got stopped by customs and Fedex called me up. I had to fill out a form describing contents and assuring them that the materials contained were not pornographic, and did not advocate insurrection against the US government or the assassination/murder of someone.

Aside from the silliness of pornography being classed with inciting insurrection/murder, what do the people who order more risque series do? If it gets stopped by customs it just gets confiscated? I'm not interested in ordering any hentai, but even if it never affects me the idea is very noxious to me.

[muhootsaver]

lol... oh man... I'm sorry but that's kinda hilarious. Firstly, because the series that got in a delay was Rideback. Secondly, so they are going to stop you if it is pornography? I didn't know importing pornography to US is problematic.

[hissatsu]

lol... oh man... I'm sorry but that's kinda hilarious. Firstly, because the series that got in a delay was Rideback. Secondly, so they are going to stop you if it is pornography? I didn't know importing pornography to US is problematic.

I asked the person from Fedex because it sounded ridiculous. She only wanted to know if it was pornography (the form also mentions the insurrection and murder). I said it wasn't, but wanted to know when pornography became illegal. She gave some nonsensical answer and told me it was for my benefit, but I told her I didn't see how.

[something]

I asked the person from Fedex because it sounded ridiculous. She only wanted to know if it was pornography (the form also mentions the insurrection and murder). I said it wasn't, but wanted to know when pornography became illegal. She gave some nonsensical answer and told me it was for my benefit, but I told her I didn't see how.
Wow, that's... completely insane.

I've never had anything stopped by or taxed by customs, but I've never used FedEx shipping either, far as I know.

[Fencedude]

and did not advocate insurrection against the US government or the assassination/murder of someone.


Well, it doesn't advocate insurrection against the US Government at least.

[Draneor]

I've never had anything stopped by or taxed by customs, but I've never used FedEx shipping either, far as I know.

Amazon.jp uses different custom codes for DVD than any other retailer. They also ship FedEx rather than EMS (which goes through the USPS). You will often get a customs charge because of that.

[Fencedude]

I've never had anything stopped by or taxed by customs, but I've never used FedEx shipping either, far as I know.

Amazon.jp uses different custom codes for DVD than any other retailer. They also ship FedEx rather than EMS (which goes through the USPS). You will often get a customs charge because of that.

Its rather hilarious that the USPS avoids custom charges.

[Draneor]

Its rather hilarious that the USPS avoids custom charges.

Well, first, there is the $200 daily exemption. Secondly, items classified under the more commonly used code shouldn't incur a charge. Last time I checked the tariff schedule, Books, CDs, and DVDs incur no charge (if imported from Japan). But if you classify it as something else--like Amazon.jp does--it may qualify. Also, FedEx gets to charge a fee plus collect the percentage. Whether Amazon.jp/FedEX or HMV.co.jp et al/USPS are using the correct code, I don't know.

More information here (http://www.mania.com/aodvb/showthread.php?t=73612&highlight=customs) and here (http://www.mania.com/aodvb/showthread.php?t=82183&highlight=customs).

[muhootsaver]

I asked the person from Fedex because it sounded ridiculous. She only wanted to know if it was pornography (the form also mentions the insurrection and murder). I said it wasn't, but wanted to know when pornography became illegal. She gave some nonsensical answer and told me it was for my benefit, but I told her I didn't see how.

Maybe she has dealt with one of those hardcore hentai before that's against US law, or against pornography personally. Either way, I don't see how looking at Rideback covers can make anyone think about pornography in the first place. I mean, for christ's sake, vol.3 has a guy on the cover. lol

About custom charges, Americans have it easy. We Canadians have to pay custom charges for anything over $20. Yeah, and they call this "free trade". ;p

[gfanikf]

I asked the person from Fedex because it sounded ridiculous. She only wanted to know if it was pornography (the form also mentions the insurrection and murder). I said it wasn't, but wanted to know when pornography became illegal. She gave some nonsensical answer and told me it was for my benefit, but I told her I didn't see how.

Maybe she has dealt with one of those hardcore hentai before that's against US law, or against pornography personally. Either way, I don't see how looking at Rideback covers can make anyone think about pornography in the first place. I mean, for christ's sake, vol.3 has a guy on the cover. lol

About custom charges, Americans have it easy. We Canadians have to pay custom charges for anything over $20. Yeah, and they call this "free trade". ;p

One time customs opened my Amazon Japan shipment of Godzilla, Mothra, King Ghidorah: Giant Monsters All Out Attack R2 boxset

I've always heard rumors that the people at Chicago customs are a bit weird about anime FWIW.

Still I prefer them to other countries, I've never had to pay a custom charge ever!

[Draneor]

I've always heard rumors that the people at Chicago customs are a bit weird about anime FWIW!

My packages always come in from New York, and I've never had one opened or inspected.

[hissatsu]

I asked the person from Fedex because it sounded ridiculous. She only wanted to know if it was pornography (the form also mentions the insurrection and murder). I said it wasn't, but wanted to know when pornography became illegal. She gave some nonsensical answer and told me it was for my benefit, but I told her I didn't see how.

Maybe she has dealt with one of those hardcore hentai before that's against US law, or against pornography personally. Either way, I don't see how looking at Rideback covers can make anyone think about pornography in the first place. I mean, for christ's sake, vol.3 has a guy on the cover. lol

The form requires you to affirm that:

I/we declare that the film(s)/ video(s) contains no obscene or immoral matter, nor any
matter advocating or urging treason or insurrection against the United States, nor any
threat to take the life of or inflict bodily harm upon any person in the United States.

It's dated 11/19/2001 on the bottom. This is the first I've heard of pornography being illegal to import, and what the fuck is obscene or immoral? I guess we'll leave it to some goon at customs to decide. To clarify, the package was not opened, but the commercial invoice stated 3 blu-ray discs, and they wanted to know what was on them. I don't like it one bit.

[gfanikf]

I've always heard rumors that the people at Chicago customs are a bit weird about anime FWIW!

My packages always come in from New York, and I've never had one opened or inspected.

I have no clue where mine got routed, but it's the only time I've ever had one opened. I've ordered tons of stuff from Hong Kong.

[Draneor]

Obscene material has always been illegal to mail or transport across state lines (that is, material that does not meet the Miller Test (http://en.wikipedia.org/wiki/Miller_test)--if it does, it's constitutionally protected free speech). Note that this is a specific legal term, and I am not a lawyer. In short, this is nothing new and likely a standard form.

[hissatsu]

Obscene material has always been illegal to mail or transport across state lines (that is, material that does not meet the Miller Test (http://en.wikipedia.org/wiki/Miller_test)--if it does, it's constitutionally protected free speech). Note that this is a specific legal term, and I am not a lawyer. In short, this is nothing new and likely a standard form.

I'm sure it's a standard form, but the problem is I was just asked if it was pornography. What if it was, and it's confiscated by customs? The person at Fedex I spoke too definitely seemed to be under the impression that all porn is prohibited (I can't get over being told it was for my own good). Most people don't have the resources to make a federal case out of seized DVDs. I'm sure some of the people on this forum bought the Kanokon DVDs (not me, can't stand it, but it's nobody's business if you do). Depending on who looks at it they could decide it's porn (worse yet they might decide it's child porn). Then what do you do?

[DocWatson]

lol... oh man... I'm sorry but that's kinda hilarious. Firstly, because the series that got in a delay was Rideback. Secondly, so they are going to stop you if it is pornography? I didn't know importing pornography to US is problematic.

I asked the person from Fedex because it sounded ridiculous. She only wanted to know if it was pornography (the form also mentions the insurrection and murder). I said it wasn't, but wanted to know when pornography became illegal. She gave some nonsensical answer and told me it was for my benefit, but I told her I didn't see how.
The importation of obscenity into the United States was outlawed by the Tariff Act of 1930 (http://en.wikipedia.org/wiki/Smoot-Hawley_Tariff_Act)—<sarcasm> another thing for which we have Smoot and Hawley to thank. </sarcasm> See 19 USC § [section] 1305 (http://www.law.cornell.edu/uscode/19/usc_sec_19_00001305----000-.html).

[hissatsu]

The importation of obscenity into the United States was outlawed by the Tariff Act of 1930 (http://en.wikipedia.org/wiki/Smoot-Hawley_Tariff_Act)—<sarcasm> another thing for which we have Smoot and Hawley to thank. </sarcasm> See 19 USC § [section] 1305 (http://www.law.cornell.edu/uscode/19/usc_sec_19_00001305----000-.html).

So what do people who import hentai do? Just accept that it might be confiscated?

[Draneor]

Just accept that it might be confiscated?

Not all adult material is obscene (see the Miller test, which I referenced earlier). There is obviously a bit of a gray area.

[hissatsu]

Just accept that it might be confiscated?

Not all adult material is obscene (see the Miller test, which I referenced earlier). There is obviously a bit of a gray area.

Like I said earlier, I was told by Fedex that pornography was not allowed, and many prudish people would consider all porn to be obscene. The Miller test is more nuanced, but I get the impression you're basically at the whim of whatever customs agent gets their hand on your stuff. Somehow I don't think I would have gotten very far if I replied, "Yes, it's pornographic, but under the Miller test it doesn't qualify as obscene due to its artistic merit."

[DocWatson]

See also the thread " U.S. Customs seizing imported eromanga?" (http://www.mania.com/aodvb/showthread.php?t=83257) from last year.

[Roujin0308]

So what do people who import hentai do? Just accept that it might be confiscated?

Last year I bought Kanokon (which isn't porn) and Shoujo Sect (which absolutely is porn) from CD Japan using the express shipping option (EMS via USPS). On the documentation - customs declaration, proof of delivery, etc - packaged on the outside of the shipping box, CD Japan just lists the contents as DVD, CD, Collectible, etc. It's only on the packing slip inside the box that there was any indication of the "adult" nature of some of the contents. To the best of my knowledge/recollection, none of my EMS packages - from CD Japan or anyone else - have ever been opened by customs.

I don't recall whether I worried any about vol. 1 of Shoujo Sect being seized or having to deal with some sort of hassle because of it, and obviously when the first vol. arrived without incident, I had no second thoughts about ordering vols. 2 and 3.

I stopped ordering from Amazon Jp because of the tariff code issue, and the occasional customs bill from Fed Ex. For the past several months I've used HMV Jp for most of my DVDs; the pre-order discount is almost as good as Amazon Jp, and they ship via EMS.

Previously, all my EMS shipments went through customs in San Francisco, but a few months ago they all started entering via Chicago; don't know why the change.