Sponsors (38)
The bill sharply strengthens government and private enforcement against customs fraud to protect U.S. producers, tariff revenue, and jobs, but it does so by creating substantial new liability, compliance costs, agency discretion, and potential supply-chain disruptions that could disproportionately harm legitimate small importers and raise consumer prices.
Domestic manufacturers, producers, wholesalers and workers can sue importers who fraudulently evade customs laws and obtain compensatory and treble damages, injunctions blocking violating merchandise, and recover costs and reasonable attorneys’ fees — giving direct financial remedy and deterrence against unfair competition.
U.S. producers, taxpayers, and domestic industries gain stronger CBP enforcement tools — presumptions easing proof against repeat purchasers, the ability to deem affiliates from declared data, and mandatory revocation of importer-of-record numbers — which reduce customs fraud, protect tariff revenue, and help safeguard jobs.
Fee-shifting for prevailing plaintiffs and the United States’ right to intervene lower the net cost of meritorious claims and enable federal coordination in complex trade-fraud suits, encouraging private enforcement that supplements government action.
Legitimate small importers and purchasers face presumptions of knowledge and broad agency authority to identify affiliates, which can wrongly subject compliant businesses to liability, revoke importer privileges, and raise due-process and fairness concerns.
Small importers, consumers, and taxpayers face much higher financial exposure because of steep civil penalties and treble-damage remedies; these increased liability risks can disproportionately burden smaller businesses and are likely to be passed through in higher consumer prices.
Broader import prohibitions and revocation of importer-of-record numbers can disrupt supply chains by blocking otherwise-compliant imports for extended periods, causing shipping delays, sudden compliance costs, and higher input prices for U.S. businesses.
Based on analysis of 4 sections of legislative text.
Strengthens penalties for customs fraud/gross negligence, adds 2–5 year import bans for violators and affiliates, creates a private right to sue with treble damages, and revokes importer-of-record eligibility.
Introduced February 13, 2025 by Mike Bost · Last progress February 13, 2025
This bill tightens U.S. customs enforcement against fraudulent or grossly negligent import practices by increasing civil penalties, creating short-term import bans for violators and their affiliates, and expanding Customs authority to revoke importer-of-record status. It also creates a new private right of action that allows injured domestic parties (including manufacturers, unions, and trade associations) to sue violators for compensatory and treble damages, seek injunctions to stop further imports, and recover costs and attorney’s fees. The changes add a rebuttable presumption that purchasers who buy from multiple previously determined violating affiliated sellers knew about the violation for second and later purchases, broaden the definition and treatment of affiliated persons, and permit CBP to deem additional persons affiliated based on import patterns and declarations to prevent evasion. Courts must allow the United States to intervene in private suits and orders can be nullified by the President under applicable emergency authority.