Friday, August 26, 2011

Regulation of the Day: Obama Declares War on Wood



You might not expect a far-left president to declare war on musicians, but musicians - and instrument manufacturers - are part of the economy.

And, as such, they shall be regulated:
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.

Source: Wall Street Journal
The issue seems to be whether or not Gibson used illegally harvested wood in their guitar fretboards - which was the reason for a similar raid in 2009. But in true Obama fashion, nobody seems to know for certain if that's what is behind this latest raid. How's THAT for creating a climate of economic uncertainty?

Oh, and this isn't just about Big Guitars, Big Business, or big anything. If you own a guitar, you could find yourself in the Obama administration's crosshairs:
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.

...

It's not enough to know that the body of your old guitar is made of spruce and maple: What's the bridge made of? If it's ebony, do you have the paperwork to show when and where that wood was harvested and when and where it was made into a bridge? Is the nut holding the strings at the guitar's headstock bone, or could it be ivory? "Even if you have no knowledge—despite Herculean efforts to obtain it—that some piece of your guitar, no matter how small, was obtained illegally, you lose your guitar forever," Prof. Thomas has written. "Oh, and you'll be fined $250 for that false (or missing) information in your Lacey Act Import Declaration."

Source: Wall Street Journal
And it's not going to be limited to musicians or guitar manufacturers. See, under the newly revised Lacey Act, if you've got wood, you've got problems... er, so to speak:
The Lacey Act is a United States (U.S.) law that originally related to illegal trade in wildlife. In 2008, amendments to the U.S. Lacey Act were passed. Effective 22 May 2008, the law makes it illegal to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken or traded in violation of the laws of the U.S., a U.S. State, or relevant foreign law. The U.S. government can use this law to impose significant penalties on individuals and companies who are found guilty of such acts. This new law, and the new import declaration it requires, will affect manufacturers and exporters who ship a variety of products made from wood to the U.S., including paper, furniture, lumber, flooring, plywood and other products made out of wood.

Source: Rainforest Alliance
To be clear, this has very little to do with new products. If you own an old table and you don't have the correct paperwork, better not transport it.

And by the way, what the hell is a "relevant foreign law"?