Jens 'n' Frens
Idle thoughts of a relatively libertarian Republican in Cambridge, MA, and whomever he invites. Mostly political.

"A strong conviction that something must be done is the parent of many bad measures."
  -- Daniel Webster



Wednesday, August 31, 2011 :::
 

This story has been making the rounds in the conservative parts of the blogosphere, but doesn't seem to be getting a lot of attention in the mainstream media (the WSJ notwithstanding, apparently):
Federal agents swooped in on Gibson Guitar Wednesday, raiding factories and offices in Memphis and Nashville, seizing several pallets of wood, electronic files and guitars. The Feds are keeping mum, but in a statement yesterday Gibson's chairman and CEO, Henry Juszkiewicz, defended his company's manufacturing policies, accusing the Justice Department of bullying the company. "The wood the government seized Wednesday is from a Forest Stewardship Council certified supplier," he said, suggesting the Feds are using the aggressive enforcement of overly broad laws to make the company cry uncle.

It isn't the first time that agents of the Fish and Wildlife Service have come knocking at the storied maker of such iconic instruments as the Les Paul electric guitar, the J-160E acoustic-electric John Lennon played, and essential jazz-boxes such as Charlie Christian's ES-150. In 2009 the Feds seized several guitars and pallets of wood from a Gibson factory, and both sides have been wrangling over the goods in a case with the delightful name "United States of America v. Ebony Wood in Various Forms."
That sounds like an asset forfeiture case. If you think it odd that for certain legal purposes a corporation is treated as a "person", wait until the feds file a lawsuit against your car or your house.
It isn't just Gibson that is sweating. Musicians who play vintage guitars and other instruments made of environmentally protected materials are worried the authorities may be coming for them next.

If you are the lucky owner of a 1920s Martin guitar, it may well be made, in part, of Brazilian rosewood. Cross an international border with an instrument made of that now-restricted wood, and you better have correct and complete documentation proving the age of the instrument. Otherwise, you could lose it to a zealous customs agent—not to mention face fines and prosecution.
Brazilian rosewood is illegal to trade because its habitat is threatened by farmers looking to grow crops. As has been pointed out elsewhere - too many are being cut down by Brazilians to farm, so the US is protecting it by ensuring that there is little or no economic incentive not to clear-cut the forests and replace them with crops that can be sold internationally.

There's more on the difficulty of documenting whether your guitar is legal, but there's also this story:
Consider the recent experience of Pascal Vieillard, whose Atlanta-area company, A-440 Pianos, imported several antique Bösendorfers. Mr. Vieillard asked officials at the Convention on International Trade in Endangered Species how to fill out the correct paperwork—which simply encouraged them to alert U.S. Customs to give his shipment added scrutiny.

There was never any question that the instruments were old enough to have grandfathered ivory keys. But Mr. Vieillard didn't have his paperwork straight when two-dozen federal agents came calling.
He was allowed to plead down to a lesser offense.

Read the whole thing, and note that Michelle Obama is probably as guilty of violating this law as Gibson is.


::: posted by Steven at 12:36 AM


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Idle thoughts of a relatively libertarian Republican in Cambridge, MA, and whomever he invites. Mostly political.


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