Episode 372 -- DOJ Applies False Claims Act to Tariff and Trade Violations
Hot Topics in International Trade - Tariff Mitigation Strategies
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As of June 19, 2025, U.S. import tariffs vary widely depending on the product and country of origin. Goods from China face layered duties, including Section 301 tariffs ranging from 7.5% to 100% (with electric vehicles hit...more
Supply chain services have never been more important than they are today, even when compared to prior supply chain crises. The transportation and logistics sector, particularly trucking, stands at the epicenter of those...more
A Q&A with Adrienne Braumiller, and Olivia Van Pelt. Question 1: How are you advising businesses in your jurisdiction when protecting themselves from the impact of trade wars and sanctions, and what strategies can...more
On May 31, 2025, the Office of the United States Trade Representative (USTR) issued a Federal Register notice extending specific product exclusions from Section 301 tariffs on Chinese imports. This extension affects 164...more
Tariff and trade violations are on DOJ’s radar screen. No question but starting with Customs and Border Patrol we can expect that regulatory investigations and enforcement actions will increase. Along with that — you can...more
In the prior post, I cited three significant risk areas for False Claims Act (“FCA”) risks and trade compliance: (1) Valuation; (2) Misclassification and (3) Country of Origin. On April 18, 2025, the United States filed a...more
We are knee deep in mitigation strategies regarding maneuvering around the Trump Administration tariffs. Strategy considerations such as: A bonded warehouse or an FTZ (taking advantage of duty deferral) Country of origin...more
In the first major enforcement action involving the importation of illegal tobacco products by the new administration, and on the heels of the appointment of the new acting director of the U.S. Food and Drug Administration...more
The United States has intervened and filed a superseding complaint in a False Claims Act case originally filed by a whistleblower in the Eastern District of California. The Government’s complaint alleges that an importer and...more
The United States and the Republic of China announced a significant step toward easing longstanding trade tensions, with both nations agreeing to lower a series of tariffs imposed during the ongoing trade dispute. The...more
On May 12, President Trump issued an executive order, “Modifying Reciprocal Tariff Rates to Reflect Discussions with the People’s Republic of China” (the Order), temporarily lowering reciprocal tariffs on Chinese imports that...more
Potential clarity on reciprocal tariff expectations may be emerging after framework trade deals announced with China and the United Kingdom. On May 12, 2025, the White House issued a Fact Sheet and Executive Order (“EO”)...more
On May 12, the United States and the People’s Republic of China announced a temporary 90-day agreement to roll back some of the reciprocal tariffs increases imposed in April. The agreement decreases the China reciprocal...more
Presidential authority & legal foundations for US tariff policies The legal framework governing tariffs in the US is rooted in the US Constitution, which grants Congress the power to levy tariffs. However, this authority has...more
As we discussed in this April 7 blog post, the US Department of Justice (DOJ) can pursue civil penalties for tariff evasion under the False Claims Act (FCA), including against companies that are aware of tariff evasion by...more
Some importers are finding, to their surprise, that the Trump Administration’s 25% tariffs on aluminum and steel create an exemption from the 125% tariffs on Chinese goods. The Trump tariff agenda has been complex, to say...more
On May 1st U.S. Customs and Border Protection (“Customs”) issued additional guidance on import duties on certain automobiles through Cargo Systems Messaging Service # 64916414 (the “CSMS”). The CSMS stated the following:...more
On April 24, 2025, the U.S. Department of Homeland Security issued a notice regarding changes to the Harmonized Tariff Schedule of the United States (HTSUS) eliminating the Section 321 de minimis exemption for goods from...more
While some enforcement areas have taken a pause this year, False Claims Act enforcement—especially around customs duties—is moving and likely to get busier. Just last week the U.S. Department of Justice filed a complaint...more
Between tariffs, tightening export controls, evolving sanctions, and ramped up enforcement, the cost and complexity of compliance is rising for oil and gas supply chains. ACI’s Trade & Sanctions Compliance for the Oil and...more
With the Trump administration’s new tariffs, some companies may be looking for ways to compensate for increased costs of imports. Companies operating in the international supply chain must be aware that any attempts to...more
Postal and de minims imports are ground zero for e-commerce, drug interdiction, customs duty evasion, and the geopolitical tensions between the United States and China. This type of international traffic lies squarely at the...more
In fewer than three months, the Trump administration has upended decades of US trade policy and practice in the wake of the administration’s America First Trade Policy articulated in the January 20, 2025, Presidential...more
On April 3, 2025, President Trump issued the full details of the automotive tariffs, including the exact Harmonized Tariff Schedule (HTS) subheadings to which the automotive tariffs apply. This completed the implementation of...more