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kpete

(71,995 posts)
Tue Dec 31, 2013, 12:02 PM Dec 2013

Flute virtuoso Boujemaa Razgui: ‘JFK Customs destroyed 11 of my instruments’

‘JFK Customs destroyed 11 of my instruments’
December 31, 2013 by Norman Lebrecht

A few minutes ago, we reached the flute virtuoso Boujemaa Razgui by phone to discuss the assault on his instruments by US Customs at JFK airport.

A Canadian citizen, based in New York and with a green card employment permit, Bouzemaa was flying home from Marrakech, Morocco, when his baggage was opened by Customs at JFK.

‘I told them I had these instruments for many years and flew with them in and out,’ he said. ‘There were 11 instruments in all. They told me they were agricultural products and they had to be destroyed. There was nothing I could do. The new flute can be made with bamboo. Is that agricultural?’

Bouzemaa was both upset and unwilling to risk a confrontation with the US authorities. We did not press him for further particulars. He does not know what to do next. But he does appear to be the victim of state injustice. What do the lawyers among our readers think he should do?

http://www.artsjournal.com/slippeddisc/2013/12/jfk-customs-destroyed-11-of-my-instruments.html

35 replies = new reply since forum marked as read
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Flute virtuoso Boujemaa Razgui: ‘JFK Customs destroyed 11 of my instruments’ (Original Post) kpete Dec 2013 OP
Not a lawyer but I'll bet his options are very limited. NYC_SKP Dec 2013 #1
Bamboo's a weed. Screw that. knitter4democracy Dec 2013 #2
Bamboo from Canada must have a certificate. NYC_SKP Dec 2013 #4
They weren't plants at that point anymore, though. knitter4democracy Dec 2013 #5
A point well taken. He might have a case for damages. NYC_SKP Dec 2013 #8
This was not TSA nadinbrzezinski Dec 2013 #9
Customs will refer him to TSA. From the US Customs website: NYC_SKP Dec 2013 #12
Customs is not screening. It is while crossing nadinbrzezinski Dec 2013 #14
I wish to know what Butkus has to do with any of this legcramp Dec 2013 #27
Funny, but in this case it means nothing nadinbrzezinski Dec 2013 #29
Oh, you meant bupkis legcramp Dec 2013 #31
Yup, did auto correct get me? nadinbrzezinski Dec 2013 #33
I doubt it, given it was customs. knitter4democracy Dec 2013 #11
Customs will refer him to TSA. NYC_SKP Dec 2013 #13
If the standard is "dead or alive" then.. SomethingFishy Dec 2013 #20
In another thread someone found the rule on point, if it's dried or cured it's OK. NYC_SKP Dec 2013 #22
Yeah, I cross a lot of borders for work... SomethingFishy Dec 2013 #24
Yes, we'll 'seize' that Stradivarius ryan_cats Dec 2013 #3
You beat me to it. A Strad as an "agricultural product." Paladin Dec 2013 #16
Strads, not so much. Igel Dec 2013 #17
That was Gibson guitars, if I recall correctly. Comrade Grumpy Dec 2013 #23
instant classic :-) ProdigalJunkMail Dec 2013 #30
I brought in an old violin bow -- really sweated it out at customs mainer Dec 2013 #19
No other word for it dipsydoodle Dec 2013 #6
I've brought in a number of wood instruments mainer Dec 2013 #21
Sometimes other ways and means become neceassary. dipsydoodle Dec 2013 #25
Hide-surfaced drums are an anthrax vector jberryhill Dec 2013 #26
Maybe he should change his name to Frank McWhiteguy Scootaloo Dec 2013 #7
Could be an opportunity to become a youtube star... DanTex Dec 2013 #10
"oh, under a BLACK PRESIDENT he complains about the TSA!" MisterP Dec 2013 #15
Why is he blaming JFK hfojvt Dec 2013 #18
The millions of times they don't make a mistake never makes these news treestar Dec 2013 #28
What you gonna do when they come for you? Will you still make excuses for them? hobbit709 Dec 2013 #32
This even had an issue, at least treestar Jan 2014 #35
If the border guards don't want the flutes in the U.S. for whatever reason... Rochester Jan 2014 #34
 

NYC_SKP

(68,644 posts)
1. Not a lawyer but I'll bet his options are very limited.
Tue Dec 31, 2013, 12:15 PM
Dec 2013

And not worth the cost of representation.

My guess is that there's a statutory limit on liability for luggage damaged by TSA just as there is when it's the airline's fault (unless you pay extra).

Second, who wants to go up against the US government in a civil suit, especially the TSA?

Poor man. But to an ag inspector, they were made of bamboo and there are pests that like bamboo, I suppose.

knitter4democracy

(14,350 posts)
2. Bamboo's a weed. Screw that.
Tue Dec 31, 2013, 12:17 PM
Dec 2013

They bring in more decorative bamboo plants every day, and if you plant them in your yard, good luck ever getting rid of it.

For crying out loud, they didn't have to destroy a single thing. This is insane.

 

NYC_SKP

(68,644 posts)
4. Bamboo from Canada must have a certificate.
Tue Dec 31, 2013, 12:21 PM
Dec 2013

I agree with you, but rules are rules and all that.

Plants
A Phytosanitary Certificate or Greenhouse
Certification Program label is required for all plants,
bulbs, and cuttings. Plants may be subject to special
certifications and permits, especially fruit- and nut-
bearing plants. Citrus plants and most palms and
bamboo plants are prohibited. Please check with us
or with the Canadian Food Inspection Agency (CFIA)
before you purchase these items.


PDF: http://www.cbp.gov/linkhandler/cgov/newsroom/fact_sheets/agriculture/olympic_ag.ctt/olympic_ag.pdf

knitter4democracy

(14,350 posts)
5. They weren't plants at that point anymore, though.
Tue Dec 31, 2013, 12:27 PM
Dec 2013

The plants were dead, carved up, and no longer able to disseminate in the wild, which is what that rule refers to. Unless you mean that all bamboo flooring now needs a certificate.

 

NYC_SKP

(68,644 posts)
8. A point well taken. He might have a case for damages.
Tue Dec 31, 2013, 12:36 PM
Dec 2013

I didn't mean to suggest it was OK, so much as to try to explain what might have motivated the clearly poorly trained TSA people.

And I don't think there will be much he can do about it except to make a claim like others have in the past for laptops, jewelry, etc. damaged by TSA.

Apparently, TSA has had to pay out various sums for damaged goods. The graphic below represents claims for damage that occurred at McCarran airport in Las Vegas.


 

NYC_SKP

(68,644 posts)
12. Customs will refer him to TSA. From the US Customs website:
Tue Dec 31, 2013, 12:49 PM
Dec 2013

From the article it sounds like he was having a conversation with an agent with the goods right there, which suggests it was while being screened, in his presence.

Complaints - Damaged luggage, rude behavior, etc. experienced while going through the security screening process

How can I file a complaint regarding damaged luggage, rude behavior, etc. experienced while going through the security screening process?


The Transportation Security Administration (TSA) is responsible for overseeing the security screening process. If you experienced problems while you or your luggage was being examined, please let them know by contacting TSA at (866) 289-9673 (toll-free).

If you wish to receive automatic updates to this Q&A, select "Subscribe to Updates" on the left side of this screen.

https://help.cbp.gov/app/answers/detail/a_id/339/related/1/session/L2F2LzEvdGltZS8xMzg4NTA4MzA2L3NpZC84dXpCUmNKbA%3D%3D/~/tort-claims---claim-for-property-damage-or-loss%2C-or-personal-injury%2C-or-death
 

nadinbrzezinski

(154,021 posts)
14. Customs is not screening. It is while crossing
Tue Dec 31, 2013, 01:15 PM
Dec 2013

Last edited Tue Dec 31, 2013, 08:50 PM - Edit history (1)

That border. It has zero to do with TSA, which is in the United States.

The major problem he has is that this happened in the nebulous land of not in the US quite yet.

Yes, he was having a talk, with a US Customs officer who was doing an agricultural check, same guys and gals who will destroy that expensive genoa salami you decided to bring home from Italy, the same guys and gals I declare my Mexican candy every time I go visit.

They have bubtkis to do with TSA beyond maybe being part of DHS.

 

nadinbrzezinski

(154,021 posts)
29. Funny, but in this case it means nothing
Tue Dec 31, 2013, 08:02 PM
Dec 2013

And blame ydish for that, one of my dad's fave sayings, came straight from the shtetl

SomethingFishy

(4,876 posts)
20. If the standard is "dead or alive" then..
Tue Dec 31, 2013, 04:31 PM
Dec 2013

All 100% cotton or wool clothing would be illegal. Rules may be rules but ya can't fix stupid!

 

NYC_SKP

(68,644 posts)
22. In another thread someone found the rule on point, if it's dried or cured it's OK.
Tue Dec 31, 2013, 04:37 PM
Dec 2013

But these agents don't seem to be trained, or at least this one wasn't.

How very sad.

SomethingFishy

(4,876 posts)
24. Yeah, I cross a lot of borders for work...
Tue Dec 31, 2013, 04:47 PM
Dec 2013

And it just depends on where you go and who you get. European countries are the easiest to get in and out of. Canada is a pain in the ass, and if you get some gung-ho idiot it's a bitch to get home sometimes too..

ryan_cats

(2,061 posts)
3. Yes, we'll 'seize' that Stradivarius
Tue Dec 31, 2013, 12:18 PM
Dec 2013

Yes, we'll 'seize' that Stradivarius since it was made of protected wood. Trust us, we'll destroy it, we won't re-sell it or keep it to ourselves.

Paladin

(28,262 posts)
16. You beat me to it. A Strad as an "agricultural product."
Tue Dec 31, 2013, 04:14 PM
Dec 2013

The really sad thing is that it's a plausible possibility.....

Igel

(35,317 posts)
17. Strads, not so much.
Tue Dec 31, 2013, 04:25 PM
Dec 2013

Not minimally processed. Old. And familiar. (No, it's not reasonable to expect a middle-wage custom's agent to be familiar with every possible product from every possible culture. We can't have expectations that we are fallible but others must be omniscient and perfect and call them "reasonable".)

Folksy flutes tend to have a lot less processing. Not lacquered and such by and large, not to the same extent.

It's not just minimally processed bamboo.

You don't want to bring a guitar with the wrong kind of wood into the US without having it properly documented and certified first. Brazilian rosewood and a variety of other woods are restricted by CITES. Even if you've owned the guitar for 30 years, take it abroad, and are on the way back you'd better have your butt well papered.

One of the major manufacturers of guitars recently had a shipment of ebony confiscated. Didn't have the right documentation. CITES.

ProdigalJunkMail

(12,017 posts)
30. instant classic :-)
Tue Dec 31, 2013, 08:09 PM
Dec 2013


Perfection... of course this is not about gov't destroying stuff. And it's Taylor... not Gibson.

sP

mainer

(12,022 posts)
19. I brought in an old violin bow -- really sweated it out at customs
Tue Dec 31, 2013, 04:30 PM
Dec 2013

because there's one tiny section of the bow handle that has some ebony in it.

The customs agent didn't even glance at the bow, but kept focusing on the violin, which is made of non-protected spruce and maple. Finally after he decided the violin was OK, he let me through, without even noticing the bow.

dipsydoodle

(42,239 posts)
6. No other word for it
Tue Dec 31, 2013, 12:28 PM
Dec 2013

Disgusting.

This little baby gets transported occasionally :



The Creole Bania (above), currently on display in the Rijksmuseum voor Volkenkunde (National Museum of Ethnology; Leiden, the Netherlands), is considered to be the oldest extant example of the early gourd banjo (c. 1620 – 1860), the Afro-Creole/African American plucked spike lute that was the original type of banjo. [1] It is thought to have been collected in the northeastern South American country of Suriname (also formerly known as Dutch Guiana) by Captain John Gabriel Stedman (1744-1797), sometime between 1773 and 1777. [2] During this period, Captain Stedman served with Colonel Louis Henry Fourgeoud's military expeditionary force, made up of foreign "volunteers," sent from the Netherlands to subdue "revolted Negroes" during the Dutch colony's First Boni-Maroon War (1768-1777). [3] These “revolted Negroes” were, in fact, Maroons, escaped African and Afro-Creole slaves who formed independent communities in “the bush.” Today their descendents constitute distinct “tribes” (ethnic/linguistic groups) throughout the Caribbean and Latin America.

http://banjoroots.blogspot.co.uk/2011/05/stedman-creole-bania-look-at-worlds.html

Dread to think of them doing it to that.

mainer

(12,022 posts)
21. I've brought in a number of wood instruments
Tue Dec 31, 2013, 04:33 PM
Dec 2013

including Chinese gourd flutes, violins, drums, rattles. I've never been stopped, but then most of the time it never occurred to me to declare them as "agricultural."

This guy might have been better off just packing it in his luggage and not saying a thing.

dipsydoodle

(42,239 posts)
25. Sometimes other ways and means become neceassary.
Tue Dec 31, 2013, 04:57 PM
Dec 2013

Last edited Tue Dec 31, 2013, 07:29 PM - Edit history (1)

I needed a walnut media tumbler of the type used for polishing pin ball machine ball bearings. The US supplier could supply 240v but couldn't export to the EU. Had that shipped by a banjo buddy in VA as "cake mixer - wedding present"

There are also issues for example with the celluloid binding used on guitars and banjos which can no longer be carried by air and as such Stewmac for example will no longer mail here. However - a complete guitar or banjo with binding already fitted passes ok.

I guess with drums there's always the risk someone will ask which animal skin it is and also "what's inside the rattle".

EDIT TO ADD : Forgot to mention the polisher was solely for polishing antique banjo parts.

 

Scootaloo

(25,699 posts)
7. Maybe he should change his name to Frank McWhiteguy
Tue Dec 31, 2013, 12:28 PM
Dec 2013

'Cause really? A flute is only an "agricultural product" when the TSA wants to fuck you over. And with his current name of Boujemaa Razgui, you know the TSA is looking for ways to fuck him over.

MisterP

(23,730 posts)
15. "oh, under a BLACK PRESIDENT he complains about the TSA!"
Tue Dec 31, 2013, 04:05 PM
Dec 2013

(juuust anticipating)

industrial-strength

treestar

(82,383 posts)
28. The millions of times they don't make a mistake never makes these news
Tue Dec 31, 2013, 07:53 PM
Dec 2013

This, of course, means the end of the Republic.

Rochester

(838 posts)
34. If the border guards don't want the flutes in the U.S. for whatever reason...
Wed Jan 1, 2014, 09:27 AM
Jan 2014

...then why in the hell didn't they just say "Get these out of the U.S., put them on the next plane going back home" instead of wantonly destroying them?

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