Navigating DOJ Customs and Tariff Investigations: Guidance for Chinese Companies Operating Globally

Heightened customs and tariff enforcement are creating significant compliance risks for Chinese companies. US Customs and Border Protection has intensified scrutiny of imports. On June 3, 2026, the White House signed the Strengthening Customs Enforcement Executive Order, imposing sweeping new restrictions on foreign Importers of Record, including anti-shell company provisions and beneficial ownership disclosure requirements that directly affect Chinese companies selling into the US and relying on third parties to facilitate importation of merchandise. Meanwhile, the United States Trade Representative formally launched a Section 301 investigation into Vietnam, targeting transshipment of Chinese-origin goods through third countries.

These developments come on top of an already aggressive enforcement posture. The US Department of Justice (DOJ) Department of Homeland Security Trade Fraud Task Force is pursuing “aggressive” enforcement actions against importers while encouraging whistleblowers to bring False Claims Act (FCA) cases. In the past 12 months, DOJ has secured over $600 million in FCA settlements specifically involving Chinese-origin products, including cases involving aluminum extrusions routed through shell entities and tungsten carbide products transshipped via Taiwan, both triggered by competitor whistleblowers. Chinese companies should closely monitor the evolving enforcement landscape and proactively assess and mitigate potential risks.

Join us for our Navigating DOJ Customs and Tariff Investigations webinar as we discuss the following topics:

• Recent enforcement trends and the growing FCA risks for Chinese companies: What do the recent nine-figure settlements involving Chinese-origin goods signal about DOJ’s enforcement priorities? Why are competitors emerging as the primary whistleblower trigger?
• The June 3 Strengthening Customs Enforcement Executive Order (EO) and other government initiatives driving enhanced anti-fraud enforcement: How do the new IOR eligibility restrictions, anti-shell company provisions, and 180-day implementation timeline change the landscape for Chinese exporters?
• Key risk areas for Chinese companies, including country-of-origin declarations, transshipment through third countries (particularly in light of the Vietnam 301 investigation), customs valuation, tariff classification, and supply chain restructuring strategies
• FCA application in customs and tariff fraud cases illustrated through recent enforcement actions—from corporate penalties exceeding $500 million to individual criminal liability for company executives
• DOJ enforcement trends in the criminal and civil space, including the creation of the new National Fraud Enforcement Division
• Practical considerations for Chinese companies operating in today’s heightened enforcement environment: What questions should companies be asking now, and which aspects of existing import arrangements warrant immediate reassessment?

Morgan Lewis’s comprehensive two-volume treatise is frequently cited by federal and state courts as an authority on the FCA. Find out more about our FCA practice. 

CREDIT

CLE credit in CA, FL, IL, NY*, PA, TX, and VA is currently pending approval. Credit in CT and NJ is pending approval (via reciprocity). CLE credit is not available for the viewing of recorded sessions.

*This program qualifies for Newly Admitted Attorneys.

Those seeking CLE credit in any other state may be provided with a General Certificate of Attendance and may apply independently.

CE Credit: This webinar has been accredited to provide 1 hour of Continuing Education for Licensed Customs Brokers in accordance with 19CFR111 Subpart F.

GENERAL QUESTIONS?

Please contact Gabe Aviles.

CLE QUESTIONS?

Please contact: CLECreditRequest@morganlewis.com.