CH has inherited, from her great Uncle, rare Japanese ivory Netsuke figures. These are delightful, whimsical small carved figures, worn for centuries by the gentleman of Japan, suspended on cords hanging from the Obi sash. Essentially toggles that gather two cords of a belt together, worn as a decorative element to “hold” together other hanging objects, such as sagemono, useable little tools such as miniature ink cases, and small lighters. CH wants to know if she can sell these Netsuke, and the problem is that they are indeed ivory, and not to be sold!
The answer, CH is a resounding NO! Selling ivory is a federal offense in the US, since 2016. For the latest news, see the US Fish and Wildlife Services banned items.
Ivory is illegal to sell, and it’s an offense to send it across State lines for the purposes of a sale. Clients say that THEIR ivory object is over 100 years old, therefore antique. Just because you may KNOW it’s antique doesn’t mean you can PROVE it. However, the proper documentation is the CITES documentation. To obtain this you’ll need the original bill of sale and the clearance of the object at the port of entry. That’s most difficult to obtain 100 years later.
CH also asks if I can put a value on the Netsukes in her collection, and the answer again is NO. No present marketplace means no possible comparable sales with which to establish a value. CH, it isn’t an offense to keep your great uncle’s ivory, and you can pass it to your heirs. In some cases you may gift it to a museum. Even then, that gift is tricky, because museums have, since 2016, in some cases, established their own policies about this kind of donation. Although the ban prohibits African elephant ivory, it takes a trained laboratory tech to tell the difference between Asian and African ivory.
Sotheby’s New York has long discontinued selling and eBay does not allow listing of any type of ivory. Craigslist posting are policed, and flea markets and estate sales are diligently watched as well. Just don’t think of doing anything with anything that looks like ivory, except to admire it in your own collection, CH.
What are the types of ivory?
Ivory is a generic term for such objects as those created from:
- Teeth and tusks, such as those from whales and seals, used for objects called scrimshaw
- Objects made from prehistoric mammal tusks, even bone that appears to be ivory
I myself counsel against dealing in ANYTHING that vaguely resembles ivory, such as bone or celluloid, which is often used in inlay in fine furniture, as well as in those Mahjong and chess sets.
Be careful of:
- jewelry with any addition of ivory
- furniture and musical instruments with the embellishment of ivory
- clocks with ivory marquetry
- antique firearms
- anything that has more than 200 grams of ivory embellishment
Acutely determining weight for sure is a problem. So don’t sell. This warning applies to estate sale operators and dealers as well, because ivory-appearing objects can be confiscated and you can be severely prosecuted. It doesn’t make ANY difference WHO is selling: as a business, as in individual, or as someone liquidating an estate of any kind, even in a garage sale, do NOT sell anything resembling ivory, or anything that seems to have ivory looking elements in the design. The California Department of Fish and Game is particular vigilant, by the way.
Good reason exists for this ban. Elephant poaching in Africa reached a critical crisis which caused the importation and selling of new goods. By 2013, California Fish and Game led the charge, and cracked down on sales. By 2014, President Obama expanded this action to the Federal level. In 2016, the US Government banned all sales.
Clients ask me about the sale of pianos, which may or may not have ivory keys, depending on the age. This is also tricky: MOST musical instruments, called ‘preexisting’ (not made recently) contain less than 200 grams. But NOT all. I suggest contacting a professional piano technician if you are in doubt.
The fabulous artistry of CH’s inherited Netsukes is rare, delightful, and a piece of Japanese history. Enjoy, but do not THINK of selling.
Hi,
I think you have a wonderful article, but are not correct on putting a value on an item made from Ivory. It is true that you cannot sell it, which, logically would say it has a cash value of zero. However, for the purpose of donation the IRS recognizes value of items which are illegal to sell but nevertheless has artistic value. This came from an IRS case where a family inherited a Robert Rauschenberg masterpiece which had in it, a stuffed bald eagle (ironically the eagle was killed and stuffed by Teddy Roosevelt). It is illegal to buy or sell bald eagles or even their feathers, so the family hired an appraiser who appraised the value of the painting at zero. The IRS disagreed and, although it could not be sold, put a value on it of $63 million. and slapped the family with a multi million dollar tax fine. Eventually there was a compromise and they were allowed to donate the painting to MOMA and the fine and tax liability was lifted, but they were not allowed to take a tax donation as their penalty. In the same way, IRS looks at all items which cannot be sold but they still have value. Insurance is the same. It ivory has an insurance replacement value since they are works of art. If someone inherits a significant ivory collection, they could be liable for taxes on that inheritance. You are completely correct. Don’t think of selling if you don’t have proof of age, think of gifting to family or to a charity.
All this is very interesting. I bought a collection at an auction about two years. The pieces are very well carved and even the bottoms have feet carved in. I paid $500.00 for about 15 pieces. I have had them in storage for about 6 years now and just recently got them out. I am still trying to find out if they are real or not.
Send pics to
alex@stjamesscollection.com
and we will let you know what you purchased.
I bought them more then 10 years ago. Sorry. Just after my husband died and he has been gone 12 years now.
HI,
My father lived in Japan and purchased many ivory carvings and netsukes. They are around 50 years old. Some of the figures have browned as they age. Some are still pure white. It is almost like they are a resin, although beautifully carved down to the fingernails and tread on the shoes. Some are all natural color and some of the larger pieces have been delicated painted. My assumption is that the painted almost white figurines may be resin and the natural brown are ivory. I would appreciate any thoughts.
Thank you
Pingback: Scrimshaw Honored Prince of Wales - Elizabeth Appraisals