Foley & Lardner LLP partner Gregory Husisian commented on the U.S. Department of Justice’s intent to target tariff fraud in The Wall Street Journal article, “Battling Tariff Fraud Is a Little-Known Front in Trump’s Trade War.”
As U.S. trade policy continues to evolve, Husisian noted the legal gray area companies can use to skirt tariffs without violating the law. For example, he said that a company could change a product’s classification if it legitimately falls into two different categories – such as labeling a merchandise cart as a hand cart instead of a type of moveable furniture.
Husisian said that high-level company officials are now paying attention to tariff-related discussions in a way that had not previously. “I’ll have CEOs sit in on phone calls on tariff risk management,” he noted.
He added that DOJ enforcement of customs-related False Claims Act matters will likely sharply increase, given more money is now at stake with higher tariffs in place.
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