 $7.7 Million Penalty for Underpaying Customs Duties |
Source |
American Shipper |
Post Date |
09/03/2024 |
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The Department of Justice reports that a U.S. company has paid a total of $7.7 million to settle a civil lawsuit alleging that it underpaid customs duties on imported apparel.
The U.S., which intervened in this case on behalf of a whistleblower, had alleged that between Jan. 1, 2015, and Dec. 31, 2022, the company violated the False Claims Act by materially misreporting to U.S. Customs and Border Protection the value of imported apparel, thereby avoiding the full amount of customs duties and fees owed.
The company admitted that it (1) failed to apportion the value of assists, in the form of fabric and garment trims, to the customs value of the imported goods, (2) found, corrected, and reported to CBP other entry documentation issues, including certain discrepancies between customs forms and associated sales-related documentation, (3) identified instances involving classification errors relating to sections of the textile chapters of the HTSUS, and (4) identified entries with incorrect port of entry codes.
The DOJ states that as the importer of record the company acknowledged and accepted responsibility for these errors. Further, the company and its senior management (1) fully cooperated with the DOJ? investigation, including by voluntarily and timely submitting information and records that helped determine associated losses, (2) worked with trade counsel to implement a robust set of internal and external procedures and corrective actions to prevent any future violations, ensure accurate reporting in the future, and apply rigorous discipline to the company? import protocols, and (3) represented that they seek the highest level of import compliance as a corporate goal.
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