Tariff Enforcement Defense

In light of the Trump Administration’s sweeping imposition of tariffs on trading partners—both as a revenue-raising measure and to encourage on-shoring of manufacturing—the enforcement risks for companies with global supply chains have substantially increased.

The U.S. Department of Justice (DOJ) is devoting significant new resources to civil and criminal enforcement of tariff-related violations, as are the Departments and agencies responsible for the collection of and enforcement of tariffs (duties), fees and taxes due on imports (e.g., U.S. Customs & Border Protection (CBP) and the U.S. Departments of Commerce (DOC), Homeland Security (DHS) and the Treasury).

The DOJ and DHS have also announced a cross-agency Trade Fraud Task Force that will “augment the existing coordination mechanisms within the Department of Justice and leverage expertise from both the Civil and Criminal Divisions, as well as the Department of Homeland Security, to aggressively pursue enforcement actions against any parties who seek to evade tariffs and other duties, as well as smugglers who seek to import prohibited goods into the American economy.”

In response to these developments, Akin has assembled a dedicated Tariff Enforcement Defense team to provide strategic customs and trade compliance and litigation support to clients navigating this rapidly evolving enforcement landscape, with members of Akin’s Chambers USA-ranked:

Nationwide Band 1 Customs practice;
Nationwide Band 2 White Collar Defense & Government Investigations practice;
Nationwide Band 1 Trade Policy & Trade Remedies practice; and
Nationwide Band 1 Lobbying & Public Policy practice.

Our team includes former senior government officials from the key enforcement and regulatory agencies responsible for customs and tariff evasion-related investigations, including CBP, DOC, DHS, DOJ, the U.S. Trade Representative and other key Executive Branch stakeholders responsible for tariff and trade enforcement.

Our team also includes former political officials with significant experience navigating tariff legislation on Capitol Hill, such as former staff to the Senate Finance Committee and the House Ways & Means Committee, giving clients unique access and insight into tariff and trade enforcement dynamics. This depth and experience enable us to handle complex regulatory matters and seamlessly transition to high-profile enforcement actions and litigation.

We have significant experience addressing issues associated with customs fraud, undervaluation, misclassification, transshipment, antidumping and countervailing duty evasion, and country-of-origin misrepresentation. By combining deep regulatory experience and insight with seasoned white collar defense capabilities, we offer clients comprehensive support for: