Background

The Department of Justice reports that two subsidiaries of a U.S. company have agreed to pay $6.8 million to resolve their civil liability under the False Claims Act for failing to declare the correct country of origin and value on entries of plastic resin imported from China and, as a result, failing to pay the proper duties owed on those entries.

The DOJ states that this settlement reflects that the companies took a number of significant steps entitling them to credit for cooperating with the government. This includes making a timely voluntary self-disclosure of the potential violations; performing a thorough and independent internal investigation; preserving, collecting, and disclosing facts not known to the government but relevant to its investigation; conducting an analysis of potential damages that was shared with the government; and implementing appropriate remedial actions, including disciplining personnel and making improvements to compliance procedures.

A senior DOJ official said recently that trade will be a priority for FCA enforcement under the Trump administration.

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