Can someone help me understand the tariff sitch as of 2/20/26?

[anguilla1980]

So as of today the SCOTUS, as I understand it, said that many of the reciprocal tariffs imposed by the US administration were illegal. Meaning for us I believe, that the 15% reciprocal on items like our swords from Japan is void. (Don't get me started on how they shouldn't have applied to 100+ year old antiques anyway)

 

BUT, then he just a few hours later today, imposed a new 10% tariff citing a different legal framework that allows him to impose them for 150 days or something like that under section 122.

 

Help me make it make sense here lol. So if I have a sword that I expect to ship next week or the week after, I'm looking at 10% instead of 15%, right? 

 

Will UPS/FedEx/etc. automatically have to refund the tariffs they collected illegally since last summer, or do we need to call and initiate that refund? 

 

Thanks! 

Edited February 21 by anguilla1980

[eternal_newbie]

The answer is that nobody knows for sure, and there will be a great many lawsuits, class actions and appeals before any of this is even close to being sorted out. Until then, it will depend entirely on whomever is transporting and selling the goods you're interested in and how they choose to respond, and some element of luck regarding which customs agent ends up processing your package.

[anguilla1980]

I think you are believing it to be more ambiguous than it is. 

 

I get that the shipping companies are the ones who collect upon import clearance into the US, as they have been and we just pay online. But I see not how "who" is selling the swords has anything to do with it. The shipping companies have clear procedures to follow when completing the paperwork when the shipment is generated by the seller in Japan - just like any other country or even us when we export. IE; they classify it for what it is and the price, then the shipper applies the US customs import product code category to it. 

Edited February 21 by anguilla1980

[atm]

The US Supreme Court decision invalidated the tariffs issued under the International Emergency Economic Powers Act. These tariffs are separate from the 15% tariff the US and Japan negotiated in their trade agreement following the issuance of the IEEPA tariffs. For now, that trade agreement stands and should continue to dictate the tariff collected on nihonto imported from Japan. One open question is whether Japan will continue to honor this trade agreement since it was based in large part on avoiding the higher (and now invalidated) IEEPA tariff on Japanese imports.

 

@eternal_newbie is right. The situation has been inconsistent ever since the IEEPA tariffs were first announced. Shipping companies have different processes to collect tariffs (or refused shipments altogether), some sellers under-declare the value of a shipment—leading to less tariff collected, and customs agents vary in enforcement—one reason why some have been importing swords via their airline luggage. I expect all of this to continue for the foreseeable future.

[anguilla1980]

Thank you, appreciate the clarification. 

[John C]

15 hours ago, anguilla1980 said:

But I see not how "who" is selling the swords has anything to do with it.

Alex:

I give my two cents here since I have been doing some ordering from Japan. As Rohan noted, it can depend on the seller. There are options for them to ship the item having already paid the fees. On the stuff I have gotten, under shipping it usually says something like "includes all duties and fees" etc. Sure it costs more for shipping and I suspect they are charging a little more than necessary, though the transactions have been seemless so far and actually faster than USPS. I've had stuff shipped DHL, USPS Speedpak, and USPS priority mail international. 

 

John C.

[anguilla1980]

I wanted to provide an update to this thread as it's the most recent one on the topic in the forum, and I just received a sword a couple of weeks ago. To be clear, this was a shipment to the USA. 

 

It was shipped by AOI Art via UPS. Here is the UPS tracking link so you can see all of the hoops it went through. It was categorized correctly as:
"HS Code 9706.10 (Antique Japanese sword, made more than 250 years ago)"

 

Then someone at UPS along the way added this "Made in Japan" notation to the paperwork:


The UPS automated system emailed/texted me 3 times for my social security number, which I provided immediately via the link each time. But it just keeps doing it until their system finally applies it upon arrival and submission to customers. Annoying, but whatever. 

On March 4th when my government import charges were assessed, the exchange rate was 1 USD ≈ 157.11 JPY and based on the declared JPY value of my sword, I was assessed exactly a 10.83% fee. On top of this was a $40.33 UPS brokerage fee, which is a fixed tiered fee, not % based. 

An effective duty of 10.83% strongly suggests the shipment was processed under a standard collectible / weapon tariff category (possibly HTS 9307.00.00 — Swords and similar arms), not the duty-free antique category (HS 9706).

As such, after paying online as usual to avoid further delays, I then sent the email to UPS (who knows if anything will come of it, but it never hurts to try): usspdutydiscrepancyreview@ups.com
 

*formatting condensed to save space, and XXX used to protect the innocent :D 
 

At a minimum, I should get a response back confirming exactly what HTS classification it was actually brought in under that triggered that 10.83% charge. At best, who knows, maybe I can get the free reversed. You never win the lottery unless you buy a ticket right lol. 
 

--------------------------------------------

Dear UPS Post Entry Duty Discrepancy Review Team,

I am writing to request a review of import duties assessed on the following shipment.

Tracking Number: 1Z7V869VDH17427509
UPS Invoice Number: 209344XXXX
Import Date: March 4, 2026
Importer: XXXXXXXXXX XXXXXXX
Delivery Address: XXXX XXXXXX XX XXXXXX

The shipment contained an antique Japanese sword purchased from AOI Art in Tokyo, Japan. The commercial invoice provided by the shipper declares the item as:

“HS Code 9706.10 – Antique Japanese sword, made more than 250 years ago.”

The declared value on the invoice is XXX,XXX JPY.

Despite this classification, I was assessed XXXXXX in government import charges, resulting in a total payment of XXXXXXX including UPS brokerage and partner government agency fees. 

Because the item was declared as an antique exceeding 100 years of age under HS 9706, I would like to request a Post Entry Duty Discrepancy Review to determine whether the shipment was entered under an incorrect tariff classification or whether the HS code provided on the commercial invoice was not applied during customs processing.

For clarity and verification, I would also appreciate it if UPS could provide the customs entry summary and the HTS classification used for the entry, including the duty rate and calculation used to determine the government charges.

I have attached the following documents for your review:

• Commercial invoice from AOI Art showing HS Code 9706.10 and describing the item as an antique Japanese sword more than 250 years old
• UPS payment receipt showing the assessed government charges
• Shipment documentation

If the entry classification was incorrect, I respectfully request that UPS initiate the appropriate Post Entry Correction or refund process with U.S. Customs and Border Protection.

Please let me know if any additional documentation is required to complete the review.

Thank you for your assistance.

Sincerely,

XXXXXXXXXXXXXXXX

--------------------------------------------

[John C]

12 minutes ago, anguilla1980 said:

Then someone at UPS along the way added this "Made in Japan" notation to the paperwork:

No need to put it through shinsa now, I guess. 

 

John C.

[Schneeds]

1 hour ago, anguilla1980 said:

The UPS automated system emailed/texted me 3 times for my social security number, which I provided immediately via the link each time. But it just keeps doing it until their system finally applies it upon arrival and submission to customers. Annoying, but whatever. 

 

What possible reason would UPS have need of your social security number?  I'm not giving that to anyone. 

[anguilla1980]

23 minutes ago, Schneeds said:

 

What possible reason would UPS have need of your social security number?  I'm not giving that to anyone. 

 

As a tax ID for US customs. Since I didn't buy this as a business, my SS is my tax ID. 

Edited March 15 by anguilla1980

[Marcin]

For tariffs I expect all to be refundable. Anyone who payed please keep receipts.

Trump was looking for another legal basis to impose tarrifs again but it would apply for new imports.

All thx to some wine importer.

Yet still tariffs for bananas to protect domestic production? What „banana and rice”  enjoyers thought about it?

Edited March 21 by Rawa

[cluckdaddy76]

Here has been my experience. In the last year, I have made three purchases. Two were tsuba and I paid no tariff using code 970610. My last purchase, a kozuka, was after the first set of tariffs were implemented but then found unlawful. Whatever the new tariff is that was out on all countries, I did have to pay a tariff on this last purchase which is shipping out now.  I used the same code that I had used for the tsuba, but this time it was not free.

 

Jason

[matsuya]

Any updates? I made from my first ever purchase through Aoi Art.

[Hokke]

18 minutes ago, matsuya said:

Any updates? I made from my first ever purchase through Aoi Art.

I think you will likely have the answer, not us. Did Aoi charge you any additional fee over shipping? When your package arrives, please update us as to your experience, i.e. if any additional paperwork was necessary or fees incurred at the time of package delivery. 

[matsuya]

I meant if any updates with the letter to UPS. I just made the purchase and so far only charged the price that was listed.

[matsuya]

Can you provide the exact description Aoi Art used for the customs form and what documentation was provided? I’ve handled thousands of UPS International shipments from the US and have to ensure the descriptions are very detailed to ensure customs classify them correctly.

 

I’d like to make Aoi Art aware of it.

[anguilla1980]

4 hours ago, matsuya said:

I meant if any updates with the letter to UPS. I just made the purchase and so far only charged the price that was listed.

No, despite multiple emails, UPS has been non-responsive. 

[matsuya]

11 hours ago, anguilla1980 said:

No, despite multiple emails, UPS has been non-responsive. 

Can you provide the exact description Aoi Art used for the customs form and what documentation was provided? I’ve handled thousands of UPS International shipments from the US and have to ensure the descriptions are very detailed to ensure customs classify them correctly.

 

I’d like to make Aoi Art aware of it.

[anguilla1980]

Just now, matsuya said:

Can you provide the exact description Aoi Art used for the customs form and what documentation was provided? I’ve handled thousands of UPS International shipments from the US and have to ensure the descriptions are very detailed to ensure customs classify them correctly.

 

I’d like to make Aoi Art aware of it.

 

I did. No need to "make Aoi aware" of anything; he did it all correctly. 

[matsuya]

3 minutes ago, anguilla1980 said:

 

I did. No need to "make Aoi aware" of anything; he did it all correctly. 

Classifying it is one thing, that doesn’t determine how customs classify it. What was put in the description?

[anguilla1980]

Just now, matsuya said:

Classifying it is one thing, that doesn’t determine how customs classify it. What was put in the description?

 

Correct. However, as UPS never responded, I can only speculate how US Customs classified it per my above post:

"An effective duty of 10.83% strongly suggests the shipment was processed under a standard collectible / weapon tariff category (possibly HTS 9307.00.00 — Swords and similar arms), not the duty-free antique category (HS 9706)."

[matsuya]

41 minutes ago, anguilla1980 said:

 

I did. No need to "make Aoi aware" of anything; he did it all correctly. 

Looking over your post again. The description Aoi Art provided was "HS Code 9706.10 (Antique Japanese sword, made more than 250 years ago)

 

This isn't adequate and also missing the subcategory.

 

It should have at least contain: "Antique Japanese Sword (Katana), 1575, Bizen Province, for collector purposes only. Not a weapon"

 

Correct HTS Code is: 9706.10.00.60

 

Documentation should include a copy of the NBTHK paper and anything else that indicates year made.

 

US Customs have a reason now to be overly strict on their classification, so using the right info is necessary.

 

 

[anguilla1980]

So it looks like AOI left off the .00.60 sub code.

 

Included documentation stating everything else you mentioned in the form of an appraisal, the NBTHK, etc. was provided. 

[matsuya]

8 minutes ago, anguilla1980 said:

So it looks like AOI left off the .00.60 sub code.

 

Included documentation stating everything else you mentioned in the form of an appraisal, the NBTHK, etc. was provided. 

Was the nbthk, etc outside of the package? I'll see if I can get a rep to look at your shipment. At least for outbound shipments from the US, the shipper would have to revise the invoice. I've never dealt with something that has been delivered though, it's always been during transit.

 

I'm also trying to get as much info to give to Aoi Art and anyone else that needs it.

Edited May 4 by matsuya

[anguilla1980]

21 minutes ago, matsuya said:

Was the nbthk, etc outside of the package? I'll see if I can get a rep to look at your shipment. At least for outbound shipments from the US, the shipper would have to revise the invoice. I've never dealt with something that has been delivered though, it's always been during transit.

 

I believe the appraisal and NBTHK were on top of the inside when I unpacked it, and I have scans of all the external paperwork, and that's where it included a statement to what you mentioned "Antique Japanese Sword (Katana), 1575, Bizen Province, for collector purposes only. Not a weapon" along with the handwritten country of origin, the usual customs duplicates, etc. 

 

So that could have been an additional fail on Aoi's part, not including a photocopy of the appraisal and NBTHK externally. 

Edited May 4 by anguilla1980

[matsuya]

8 minutes ago, anguilla1980 said:

 

I believe the appraisal and NBTHK were on top of the inside when I unpacked it, and I have scans of all the external paperwork, and that's where it included a statement to what you mentioned "Antique Japanese Sword (Katana), 1575, Bizen Province, for collector purposes only. Not a weapon" along with the handwritten country of origin, the usual customs duplicates, etc. 

 

So that could have been an additional fail on AIO's part, not including a photocopy of the appraisal and NBTHK externally. 

Yes, should have been included with the commercial invoice outside the package. 

[Marcin]

44 minutes ago, matsuya said:

Looking over your post again. The description Aoi Art provided was "HS Code 9706.10 (Antique Japanese sword, made more than 250 years ago)

 

This isn't adequate and also missing the subcategory.

 

It should have at least contain: "Antique Japanese Sword (Katana), 1575, Bizen Province, for collector purposes only. Not a weapon"

 

Correct HTS Code is: 9706.10.00.60

 

Documentation should include a copy of the NBTHK paper and anything else that indicates year made.

 

US Customs have a reason now to be overly strict on their classification, so using the right info is necessary.

 

 

Aoi also gives their estimation. NBTHK is still best official proof.
If blade have mei and NBTHK confirmation it should be easy.

[matsuya]

2 hours ago, Rawa said:

Aoi also gives their estimation. NBTHK is still best official proof.
If blade have mei and NBTHK confirmation it should be easy.

Need to provide as much as possible in the commercial sleeve so customs broker can’t play dumb.

[cluckdaddy76]

The duty-free code 9706 is no longer free since the old tariffs were shut down and the new ones went in a few months ago. I just received a tsuba last week and had to pay the tariff. A couple months before that I bought a kozuka and also had to pay. The previous year under the first tariffs I used the same 9706.10 code and did not have to pay anything extra. 

 

Jason

[matsuya]

1 hour ago, cluckdaddy76 said:

The duty-free code 9706 is no longer free since the old tariffs were shut down and the new ones went in a few months ago. I just received a tsuba last week and had to pay the tariff. A couple months before that I bought a kozuka and also had to pay. The previous year under the first tariffs I used the same 9706.10 code and did not have to pay anything extra. 

 

Jason

Do you still have the commercial paperwork?

Edited May 4 by matsuya