Gibson Raid
Tuesday, September 13 2011 @ 08:40 PM CDT

Here's some interesting info re the raid by federal agents on the Gibson manufacturing plant:

"We've been researching the situation regarding the raid on Gibson and feel we must speak out. Regardless of what anyone thinks about Gibson, its guitars, its pricing, etc., this issue goes well beyond a single company to something that can potentially affect virtually all retailers, suppliers, sellers, and buyers (yes, even you) in the music industry. This industry is so small and geographically dispersed that no one in Washington seems very interested, so the only avenue for relief is in the court of public opinion—and an informed public that makes its views known to their representatives. We'll have more on that aspect later.

The heavy-handed nature of the raid on Gibson notwithstanding, if the company knowingly imported endangered wood they should be prosecuted under environmental laws. However, it seems no such laws were violated. Brian Majeski is the editor of The Music Trades magazine, which has "no dog in the fight" when it comes to manufacturing, but instead reports on industry trends, sales, and retailing. As a result, he has the interests of the industry at heart, not that of any one manufacturer. He is also someone who does his research, and some excepts from his recent editorial in The Music Trades state the situation very succinctly (emphasis ours).

"There are no laws on the books in the U.S. prohibiting the use of Indian or Madagascar rosewood and ebony. That didn't stop the industrious John M. Rayfield, a special agent at the Fish and Wildlife service, from concluding that Gibson's use of these woods violated Indian law. The law he cites in his affidavit, 'W.E.F. 23.08.2010 Government of India, Ministry of Commerce and Industry,' has nothing to do with overharvesting, illegal logging, or anything else related to the environment. Rather, it specifies labor content levels for wood thicker than 6 millimeters that is exported from India. In other words, Gibson stands accused of using U.S. instead of Indian labor to produce its guitars. Had the company imported a finished guitar from India, using the same rosewood and ebony, it would have been in compliance with Lacey. Importing semi-finished component parts caused the violation. In practice, the Indian authorities have a different interpretation of their law: For decades they have allowed the export of millions of fingerboard blanks without challenge.

"There isn't a guitar manufacturer of any scale in the U.S. that doesn't use some Indian rosewood or ebony for fingerboards, and all of them, to the best of our knowledge, import the same kind of semi-finished blanks that were seized from the Gibson plant. Thus, by the logic of Rayfield's affidavit, they are all potentially in violation of Lacey. Lacey applies to sellers, buyers, intermediaries, and anyone else who comes into contact with 'illegal' wood, so retailers and consumers could be on the hook as well. If that isn't sufficiently unsettling, remember that Lacey is 'a fact-based, rather than a document-based statute.' Translation: Having the right paperwork won't save you from fines, confiscation of product, or even imprisonment, and the world of music is populated with unsuspecting felons."

In the hours after the raid, our best guess was that there was probably some kind of technicality that was violated, but that the response to it was over-the-top and an abuse of power. It seemed that the likely conclusion would be Gibson saying "Oops, sorry, we did fail to dot the i," pay a hefty fine, and go about its business.

However, while it's not up to us to judge Gibson's innocence or guilt—that's the function of the judicial process—we have yet to see any evidence related to the recent raid that Gibson violated the letter or the spirit of environmental regulations intended to protect endangered species.

Looking past Gibson's immediate issues, we can only assume that Guitar Center, Musician's Friend, Sweetwater, etc. must now be concerned that they could come to work one day and find armed Federal agents pulling guitars off walls at gunpoint, or see employees hauled off to jail for having shipped them across state lines. Respected vintage guitar dealer George Gruhn is sufficiently intimidated by the Lacey Act that he has reportedly simply given up on the 40% of his business that deals with overseas sales and purchases. Also reportedly, Willie Nelson will no longer tour with his favorite guitar due to concerns of confiscation.

Do your own research and come to your own conclusions, then make your opinions known to your representative in Congress. None of us want to see environmental regulations flouted, but we also don't want to see American music industry companies raided without clear and obvious justification, or guitars confiscated without due process—a central tenet of our judicial system. If you don't know how to contact your representative, sign up at www.congress.org, which makes it very easy to let them know what you think.

But do let them know. We have. (And now so has NAMM, which is attempting to open a dialog with Washington to clarify the Lacey Act with regard to musical instruments.)"


The Editors of Harmony Central:

Craig Anderton
Jon Chappell
Phil O'Keefe
Wendy Jarrett
Chris Loeffler
Carrie Brown

Re:Gibson Raid
Tuesday, September 13 2011 @ 09:33 PM CDT

Thanks for this, Bob. This information is very interesting... a bit frightening... and, like most things regarding some government actions in today's world... bewildering.

Re:Gibson Raid
Tuesday, September 13 2011 @ 09:55 PM CDT

A classic case of control. Not protection. The US justice department is saying that they can interpret Indian law better than India.

Re:Gibson Raid
Tuesday, September 13 2011 @ 10:05 PM CDT

When a policeman is waiting to catch a known drug dealer, sometimes something as routine as a traffic violation can get them in the door. I'm sure this is no different.

Gibson is still another mega-corporation, just because they sell musical instruments someone played during your impressionable teenage years, that shouldn't garner our sympathy. When it comes to environmental regulations, I'd rather the government be heavy-handed, even against the industry that provides for my entertainment. Be patient with rushing to judge the feds, Gibson ain't what it used to be. I worked for them, lasted a month.

Re:Gibson Raid
Wednesday, September 14 2011 @ 04:59 AM CDT

Quote by: Elevator_Funk Be patient with rushing to judge the feds, Gibson ain't what it used to be. I worked for them, lasted a month.

I've heard this, too.
I'm concerned about where this can go, but I hear your point.

Re:Gibson Raid
Wednesday, September 14 2011 @ 07:36 AM CDT

Quote by: guitapick Quote by: Elevator_Funk Be patient with rushing to judge the feds, Gibson ain't what it used to be. I worked for them, lasted a month. I've heard this, too. I'm concerned about where this can go, but I hear your point.

Yes............."Lets get Smalllllllllllllllllllllllllll"
http://www.heritageguitar.com/history.html

Re:Gibson Raid
Wednesday, September 14 2011 @ 08:32 AM CDT

If Gibson looses this will give Gibson a reason to send all the manufacturing over seas. Go USA!

* Post Removed *
Wednesday, September 14 2011 @ 08:43 AM CDT

* This message has been removed *

Re:Gibson Raid
Wednesday, September 14 2011 @ 10:39 AM CDT

Quote by: Elevator_Funk When a policeman is waiting to catch a known drug dealer, sometimes something as routine as a traffic violation can get them in the door. I'm sure this is no different. Gibson is still another mega-corporation, just because they sell musical instruments someone played during your impressionable teenage years, that shouldn't garner our sympathy. When it comes to environmental regulations, I'd rather the government be heavy-handed, even against the industry that provides for my entertainment. Be patient with rushing to judge the feds, Gibson ain't what it used to be. I worked for them, lasted a month.

I agree. we know nothing except what's been published in a few op-ed pieces. i imagine this will blow over and from now on Gibson (and other manufacturers) will just tweak their process to fit the law.

I'm thinking that Willy Nelson is a paranoid stoner drama queen. Still love him though.

Re:Gibson Raid
Wednesday, September 14 2011 @ 11:23 AM CDT

Quote by: FEEL If Gibson looses this will give Gibson a reason to send all the manufacturing over seas. Go USA!

I couldn't pay rent on my job at Gibson. Go USA!!!