I think that Gibson had the proper paperwork as well. Their website has more information on this. They have a Press Release about it, and a public response page that includes a 35-ish minute video.
Scoutmaster wrote:
That's because simply using the wood isn't illegal. And likely because C. F. Martin had the correct paperwork and followed the rules to use the wood.
There, it says that they had propper documentation, and that even authorities in India were OK with what was being done. The problem seems to be that US authorities have a different interpretation of Indian trade law.
If I'm reading other comments and other sources correctly, Gibson wasn't happy with the finish when they ordered the parts from India, so they ordered them slightly thicker than needed, but still finished by Indian workers. Then, when the parts arrived in Memphis, Gibson workers refinished the pieces to a higher quality specification. I might be missing something there.
The government is also holding a significant amount of ebony fingerboards from the 2009 raid of the Gibson facility in Nashville, and has not filed any charges or prosecuted anyone. But they refuse to release the wood back to Gibson.
There's something wrong with this whole arrangement. We shouldn't have to have documentation filed with the Kings agents to make a guitar, and the King shouldn't be able to seize our assets if our paperwork isn't absolutely perfect. I don't see anywhere in the Constitution where it says Congress can tell a manufacturer what materials it can use to make it's products, or what special paperwork must be on file to make guitars out of (*Gasp*) wood.
Capricious interpretation of law is one sure business and economy killer. That kind of persecutional loophole should be amended out of the Lacey act, if the whole Lacey act isn’t repealed. Compliance with any duly constituted arm of the foreign government (even if they disagree amongst themselves) should be deemed sufficient compliance.
2009 was an interesting time for Madagascar rosewood and ebony. Wood was illegally being logged in national forests and laundered through Reunion and Mauritius before coming to the U.S. through another country.
The ebony fingerboards that the U.S. government is holding from the 2009 raid of Gibson was missing the plant products declaration required by the Lacey Act when it entered the U.S. The link is to a newspaper article on the results of the U.S. raid at the time.
According to the article, Gibson didn't have the paperwork necessary for that ebony. Why the U.S. government hasn't acted, I don't know. But you'll notice that the Gibson press release says only that they now have affidavits and documents stating that the ebony was legally exported under Madagascar law. Gibson doesn't touch the subject about whether they complied with the Lacey Act or Forest Stewardship Council regulations regarding the ebony.