ARTICLE
10 December 2024

A "Trade Crimes" Law

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Buchanan Ingersoll & Rooney PC

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Antidumping investigations provide relief to U.S. manufacturers that have been injured as a result of unfairly priced imports.
United States International Law

Antidumping investigations provide relief to U.S. manufacturers that have been injured as a result of unfairly priced imports. However, there is growing concern that certain bad actors are attempting to undermine such relief by committing customs fraud. On December 3, the U.S. House of Representatives passed a bill that would direct the Justice Department to set up a task force to investigate and prosecute "trade crimes."

The "Protecting American Industry and Labor from International Trade Crimes Act" would require the U.S. Department of Justice to investigate such crimes as "violations of law that are implicated by criminal activities in furtherance of the evasion of duties, tariffs, and other import- and export-related fees" including those arising from successful antidumping investigations.

A Senate version of the bill was introduced in August by a group of Democrats and Republicans including Finance Committee members Sheldon Whitehouse (R-RD), Bill Cassidy (R-LA) and Sherrod Brown (D-OH).

The Coalition for a Prosperous America, an advocacy group that supports tough on China trade policies, said in a statement: "Companies based in the People's Republic of China (PRC) frequently commit trade crimes such as fraud, duty evasion, and transshipment, which undermine U.S. companies and harm American workers. The passage of this bill will enhance U.S. capabilities for detecting, investigating, and prosecuting such violations, making it clear that trade-related crimes will no longer go unpunished."

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