if gifted pile of 150yr old ivory across borders, what do I legally do?
July 18, 2022 2:53 AM   Subscribe

My spouse's grandmother died a couple of years ago in Canada, bequeathing to us a beloved 150yr old antique piano with real elephant ivory and ebony- veneered keys. Before we were able to figure out how to transport the piano, it fell completely apart. My grandfather-in-law, who is extremely stubborn, saved the keys to give to us with the notion of turning them into a keepsake. We live in the US. We have talked him out of trying to smuggle them across the border to us from Canada, but we're planning a visit to him in the next year and the odds are high that he will surprise us with them as a gift as Grandma would have wanted. If this happens, what should we do legally? The keys are at least 150yrs old but definitely, definitely elephant ivory.

We are fully prepared to secretly dispose of the keys without telling Grandpa before returning to the US because we're fairly sure there is no legal way to transport them across the border. We are not sure if you can legally dispose of them in a Tim Horton's trash can. There is probably no longer any chance of getting provenance on the piano because enough parts have now been disposed of that the piano is no longer with us.

If there is some productive thing to do with the keys, we would love to hear it. We suggested strongly to Grandpa that they go to, say, an antique piano restorationist instead. He was not receptive to this suggestion.

If we are gifted with the piano keys, we are not likely to have much notice: my spouse has already said no several times, and we are also trying to escape being gifted with Grandma's extremely extensive collection of ceramic angels, so there's a limit to what we can refuse without insulting either Grandpa or Grandma's memory. The odds are highest that he will either smuggle the keys into my car or that he will "secretly" gift them to me because Spouse said no.

Presently our plan is to find some likely recipient, leave the box of keys on a doorstep, and run before returning to the US. If this is not possible, is it legal to simply leave them in a trash can? It seems like a shame to do but they are not worth risking international censure or a green card over.
posted by anonymous to Law & Government (9 answers total) 3 users marked this as a favorite
 
I would go ahead and contact a piano tuner/restorer in the area where your grandfather lives (or on the way home). They should know what can and cannot be done with old ivory piano keys. I suspect that the keys are only "part of a musical instrument" while they are, you know, actually part of a musical instrument, and a bag of piano keys is not a musical instrument. If they have any (legal) value at all, it is as piano keys, and the only person who will be able to make use of that value is a piano restorer.

(The Fish and Wildlife PDF does also say that it's legal to noncommercially export ivory that is part of a household move or inheritance, but it just seems like way more trouble than it's worth.)
posted by mskyle at 4:49 AM on July 18, 2022 [2 favorites]


There are craftspeople who could make art out of them. People still do scrimshaw under highly regulated conditions. If you can't find a specific person, maybe an art school will accept.
posted by TWinbrook8 at 4:54 AM on July 18, 2022 [3 favorites]


I inherited something with a substantial amount of ivory art in it. Ultimately I realized that I never would enjoy looking at something that was the result of the massacre of those remarkable sentient beings, no more than I would enjoy art made of bones of people who were massacred. I disposed of it in a respectful manner. Felt like the right choice for me. Everyone is different and I am not recommending this for you but you may wish to consider it.
posted by jcworth at 5:26 AM on July 18, 2022 [13 favorites]


If you're going to be near/around the Greater Toronto Area and still looking to give them away, Memail me, I know a musician friend who might be interested.
posted by nightrecordings at 5:29 AM on July 18, 2022


Here's a doc with the full Fish & Wildlife regs. It says you can import antique "worked" ivory so long as it is "part of a household move or inheritance, part of a musical instrument, or part of a traveling exhibition." I think you could qualify under "inheritance," BUT, you'd have to jump through all the hoops outlined in that document. The burden of proof is on you to show that it is older than 1976 and that you've inherited it. See mention of a CITES certificate you'll need from Canada, described on page 5.

All that for a bag of piano keys. I agree with you that finding a recipient in Canada is a much better idea.
posted by beagle at 6:08 AM on July 18, 2022 [1 favorite]


Stringed instrument and bow makers/repairers also use ivory-like substances and may be able to assist.
posted by Orange Dinosaur Slide at 6:21 AM on July 18, 2022


My thoughts are - elephant ivory trade stops when people stop trading it around.

I agree that if you must find a use for the thin veneer on piano keys the best approach is to find a piano tech who is accepting keys (usually to match/replace on older pianos.) But the idea that our piano keys have to continue to be ivory and to match or that ivory is desirable as a product on anything at all any time is part of what is keeping the trade going.

So if you end up trashing a bag of ivory keys, I think that is a fine outcome. That's what the US department of wildlife did in 2013.
posted by warriorqueen at 6:48 AM on July 18, 2022 [12 favorites]


These are all valid ideas, I would also encourage you to take all of these things as a mitzvah to you grandparents to help them dispose of these items. You do not and should not keep them if they are going to clutter up your life. Once the gift has been given to you it has served its purpose and you can take a whole passel of ceramic angels to a religiously-associated thrift shop and they can go on to serve more purpose in life. I love the idea of taking the keys with reverence. What a weird, tragic, journey they have been on! And if there’s no restorer who wants them, you can dispose of them in the ways shown here.
posted by amanda at 7:12 AM on July 18, 2022 [6 favorites]


I would look at what animal-conservationist groups are recommending, which is mostly, as far as I can tell, taking ivory out of circulation entirely, rather than thinking of the pieces as musical instruments to be preserved and used. I like the "respectful burial" idea but I don't know if that's going to be practical, given that you'll be traveling. Maybe even just finding a trashcan in a cemetery would nod to the symbolism of respectful rest, though.
posted by lapis at 9:44 AM on July 18, 2022 [1 favorite]


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