The U.S. could use the False Claims Act to more aggressively combat tariff evasion, attorneys at Ropes & Gray said in a Feb. 3 alert. Companies should "carefully scrutinize their import policies and procedures to ensure they are adhering to all applicable laws," the firm said, adding that importers should ensure that they have "appropriate avenues" for internal and external parties to bring confidential reports to the company's attention.
DOJ under President Donald Trump likely will pursue greater criminal enforcement of the most recent tariffs imposed on China to serve as a "general deterrent" and "punish instances of serious misconduct," attorneys at BakerHostetler said in a recent post. In response, foreign parties should be "mindful of their potential criminal exposure," partners Artie McConnell, Jennifer Solari and Michael Snarr said.
The U.S. District Court for the Southern District of New York on Jan. 3 dismissed a False Claims Act suit against Amazon, which alleged that the online retail giant conspired with Chinese manufacturers to avoid paying fees and tariffs on fur products. Judge Edgardo Ramos held that importer Henig Furs, the company that brought the suit on behalf of the U.S., failed to adequately allege that Amazon knowingly violated the FCA or was engaged in a conspiracy to violate the statute (United States, ex rel. Mike Henig v. Amazon.com, S.D.N.Y. # 19-05673).
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Womenswear company Alexis will pay nearly $7.7 million to settle a whistleblower False Claims Act case, which alleged that the company underpaid customs duties on its apparel imports, the U.S. Attorney's Office for the Southern District of Florida announced Aug. 9.
Wisconsin companies Precision Cable Assemblies and Global Engineered Products, along with their chief executives Ryan Schmus and Richard Horky, paid more than $10 million to settle charges they avoided millions of dollars in customs duties on Chinese goods, the U.S. Attorney's Office for the Eastern District of Wisconsin announced.
The U.S. District Court for the Southern District of New York last week ordered importer Delta Uniforms and its owner, George Iloulian, to pay over $1.3 million for avoiding customs duties on medical uniforms, footwear and other apparel. Judge Paul Gardephe said they violated the False Claims Act and must pay triple the amount of the evaded duties and a $557,880 civil penalty.
Germany-based private airline company Hahn Air Lines and its Minnesota-based subsidiary, Hahn Air USA, will pay $26.8 million to settle allegations the companies violated the False Claims Act by "knowingly failing to remit to the United States certain travel fees" the airline collected from commercial passengers flying to or within the U.S., DOJ announced.
Correction: Sen. Bill Cassidy, R-La., said at an April 17 Senate Finance Committee hearing on the administration's trade agenda that a whistleblower found “unsanitary conditions and rampant labor abuses” in the Indian shrimp industry, asking whether CBP would take action (see 2404170074).
U.S. Trade Representative Katherine Tai gave testimony April 17 to the Senate Finance Committee regarding President Joe Biden’s 2024 trade policy agenda. She touched mainly on trade deal enforcement, U.S. exporters’ access to new markets and the USTR’s new stance on digital trade, though she also discussed issues such as forced labor and the upcoming legislation on the Generalized System of Preferences benefits program.