(Roman) Catholics who care will be told this is because all observable properties are just incidental whereas the substantial nature changed, just imperceptibly.
Now, the exact details will vary outside Roman Catholicism, but you should generally expect that either they're deliberately vague (Eastern Orthodox and Anglican traditions) or they have the same sort of dubious philosophical out, and that's what this artwork is about.
So, it's not really necessary to the "bit" that you insist it's actually An Oak Tree at customs. Catholicism works around this question (obviously it's not OK to import thousand year old flesh or blood without a very difference license from bread and wine) because the bread and wine are just bread and wine up until the ritual is performed, you could do the same by just deciding a different glass of water on a shelf is "An Oak Tree" to skip the customs check.
I'm somehow really let down by the guy's failure to commit to the bit. It's not an artwork unless he commits to the bit… far as I can tell, he should have gone along with it as the customs officials were doing. What a killjoy :)