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Husch Blackwell LLP

The Risks of Trade-Related FCA Enforcement

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In March 2025, in a similar blog post to this one, Nithya Nagarajan and Robert Romashko forecasted that False Claims Act (“FCA”) enforcement would increase under the current tariff-focused trade policy regime. Sure enough,...more

Troutman Pepper Locke

With New Tariffs, Recent Settlements May Foreshadow Future DOJ Enforcement

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The Trump administration’s implementation of tariffs on August 7, 2025, will have profound implications for companies engaged in international supply chains. These tariffs are poised to increase business costs, affecting a...more

Blank Rome LLP

The Frontline is Everywhere: What General Counsel Need to Know About the Department of Justice’s Strategic Pivot Toward Customs...

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Introduction - The U.S. Department of Justice (“DOJ”) has announced a significant realignment of resources that will fundamentally reshape criminal enforcement of international trade rules. By combining senior prosecutors...more

McDermott Will & Schulte

DOJ complaint underscores Trump administration’s use of the FCA to enforce US trade laws

A recent complaint – U.S. ex rel. Joyce v. Global Office Furniture, LLC, et al. – marks one of the Trump administration’s first publicly filed False Claims Act (FCA) enforcement actions focused on tariff evasion. In its July...more

Morrison & Foerster LLP

DOJ Deploys Specialized Criminal Unit to Target Tariff Evaders

The United States Department of Justice (DOJ) has deployed its Market Integrity and Major Frauds Unit to target tariff evasion, a clear sign of the escalation of trade enforcement. The Criminal Division’s specialized unit,...more

Mintz

Dodging Duties: The Ninth Circuit Affirms an Expansive Application of the False Claims Act Consistent with Trump Administration...

Mintz on

On June 23, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a district court judgment in a case in which the jury found the defendant knowingly made false statements on customs forms to avoid paying...more

DLA Piper

Ninth Circuit Holds Private Parties Can Bring Claims Against Importers Under the False Claims Act for Antidumping Duty Evasion

DLA Piper on

The United States Court of Appeals for the Ninth Circuit has issued a significant ruling with potentially far-reaching consequences for companies that import merchandise, including but not limited to those subject to...more

Husch Blackwell LLP

CBP Issues Guidance on Prioritization of Articles “Subject to” More Than One Tariff Under EO 14289

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On May 15, 2025, U.S. Customs and Border Protection (“CBP”) issued further guidance via the Cargo Systems Messaging Service (“CSMS”) for determining the order in which the various tariffs will apply to an article when that...more

Foley Hoag LLP - White Collar Law &...

Are There Legitimate Ways to Achieve More Advantageous Tariff Classifications?

With recent increases in U.S. tariffs and the increasing complexity of determining applicable duties for different products, importers are looking for ways to reduce their tariff exposure. Since a product’s tariff treatment...more

Foley Hoag LLP - White Collar Law &...

Can I Avoid New U.S. Tariffs by Routing Goods Through Different Countries? (Spoiler Alert: No)

With the recent surge in tariffs and imposition of differentiated tariffs for different countries of origin (i.e., higher tariffs for goods originating from China than from neighboring countries and potentially other...more

Sheppard Mullin Richter & Hampton LLP

Not What You Think: Some Trump Tariffs Exempt Your Goods from Other Trump Tariffs

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

Pillsbury Winthrop Shaw Pittman LLP

Comparing Developments in U.S. and EU Strategies to Combat Forced Labor

In recent years, a multinational focus on preventing forced labor within supply chains has shaped due diligence requirements for companies worldwide. Recent changes to global policies and potential shifts in enforcement...more

Torres Trade Law, PLLC

Trump Tariff Survival Guide

With U.S. trade policy constantly evolving and Customs enforcement increasing, importers face more pressure than ever to ensure customs compliance from the beginning. One misstep – whether it is a misclassified product, an...more

Husch Blackwell LLP

Customs Issues Guidance on Reporting Requirements for Reciprocal Tariffs and New Section 232 FAQs

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On April 8, 2025 U.S. Customs and Border Protection (“CBP”) issued a Cargo Systems Messaging Service (“CSMS”) Message # 64680374which sets forthadditional guidance on the reporting of reciprocal tariffs set to take effect on...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … The Global and Reciprocal Tariffs Announcement

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On April 2, 2025, President Trump implemented the steepest American tariffs in over a century. The implications for numerous multinational companies — including importers, manufacturers, distributors, and retailers — will be...more

Bass, Berry & Sims PLC

DOJ Settlement Highlights Customs, FCA Risks for Importers

On March 25, 2025, the U.S. Department of Justice (DOJ) announced an $8.1 million settlement in a civil case under the False Claims Act (FCA) related to alleged customs evasion by a California importer of wood flooring. The...more

Venable LLP

Key Trade Issues to Watch in 2025: A Preview Series

Venable LLP on

As we look ahead to the new year and the many changes it will bring, the Venable International Trade and Logistics Group will be issuing a series of brief client alerts previewing key trade areas and issues to watch in 2025....more

ArentFox Schiff

Navigating the Complexities of Forced Labor Laws: ArentFox Schiff's 2024 Guide for Global Businesses

ArentFox Schiff on

In the last few years, changes to the United States enforcement stance on the forced labor import ban authorized by 19 U.S.C. § 1307 and passage of the Uyghur Forced Labor Prevention Act (UFLPA) have fundamentally changed the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Seven Myths About the US Law Banning Imports Made With Forced Labor | Insights

Key Points - - In light of the vigorous enforcement of the Uyghur Forced Labor Prevention Act, boards in their oversight role should ensure that their companies conduct heightened diligence on their supply chains, including...more

Foley & Lardner LLP

What Every Multinational Company Needs to Know About … The Uyghur Forced Labor Prevention Act Due Diligence and Compliance (Part...

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In our previous biweekly update, What Every Multinational Needs to Know About … The Uyghur Forced Labor Prevention Act, Part I, we summarized the UFLPA requirements and the basic expectations that U.S. Customs and Border...more

Jenner & Block

Ten Questions Answered About Implementation of the Uyghur Forced Labor Prevention Act

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Can you prove the absence of forced labor in your supply chain? As of June 21, 2022, US Customs and Border Protection (CBP) will presume that all goods manufactured in whole or in part in the Xinjiang Uyghur Autonomous Region...more

Wiley Rein LLP

What Companies Need to Know: Uyghur Forced Labor Act Signed Into Law

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After more than a year of debate in the U.S. Congress as to the scope and enforceability, the Uyghur Forced Labor Prevention Act (UFLPA or Act) passed Congress with strong bipartisan support. President Biden has publicly...more

Skadden, Arps, Slate, Meagher & Flom LLP

Legislation Targeting Imports From Xinjiang Region Moves to President Biden’s Desk

On December 16, 2021, the U.S. Congress passed legislation that effectively prohibits imports of goods made either wholly or in part in the Xinjiang Uyghur Autonomous Region (Xinjiang) of China. The prohibition relies on a...more

Pillsbury - Global Trade & Sanctions Law

U.S. Government Moves to Block Imports from Xinjiang, Triggering Due Diligence Challenges for Companies

On September 14, 2020, U.S. Customs and Border Protection (CBP) issued five Withhold Release Orders (WROs) for a range of goods produced in the Xinjiang region of China.  Under 19 U.S.C. § 1307, CBP can initiate enforcement...more

ArentFox Schiff

Trump Administration Cracks Down on Counterfeit and Other Goods Imported Contrary to Law - US Government Announces First Step in...

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Last week, the Trump Administration announced a plan to crack down on the sales of contraband and counterfeit goods online. The steps will affect a number of parties in the supply chain from importers and sellers to customs...more

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