I 
119TH CONGRESS 
1ST SESSION H. R. 1284 
To amend the Tariff Act of 1930 to increase civil penalties for, and improve 
enforcement with respect to, customs fraud, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2025 
Mr. BOST (for himself, Ms. SEWELL, Mr. MORAN, Ms. TENNEY, Ms. VAN 
DUYNE, Mr. MURPHY, Mr. MRVAN, Mr. BALDERSON, Mr. PALMER, Ms. 
BUDZINSKI, Mr. PANETTA, and Mr. CAREY) introduced the following bill; 
which was referred to the Committee on Ways and Means 
A BILL 
To amend the Tariff Act of 1930 to increase civil penalties 
for, and improve enforcement with respect to, customs 
fraud, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fighting Trade Cheats 
Act of 2025’’. 
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SEC. 2. INCREASE IN CIVIL PENALTIES FOR FRAUDULENT 
AND GROSSLY NEGLIGENT VIOLATIONS OF 
UNITED STATES CUSTOMS LAWS. 
Section 592 of the Tariff Act of 1930 (19 U.S.C. 
1592) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraph (2) as 
paragraph (3); and 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) PRESUMPTION.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1)(B), if a person purchases merchan-
dise from two or more affiliated persons after 
such persons are determined by U.S. Customs 
and Border Protection or a court of competent 
jurisdiction to have violated subsection (a) by 
means of fraud or gross negligence, there shall 
be a presumption that the purchaser had knowl-
edge of such violation with respect to purchases 
from the second or subsequent such affiliated 
person. 
‘‘(B) AFFILIATED PERSON DEFINED.—In 
subparagraph (A), the term ‘affiliated person’ 
has the meaning given that term in section 
771(33).’’; and 
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(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘A fraudulent viola-
tion’’ and inserting the following: 
‘‘(A) IN
GENERAL.—A fraudulent viola-
tion’’; 
(ii) in subparagraph (A) (as so des-
ignated), by inserting before ‘‘the domestic 
value’’ the following: ‘‘three times’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) ADDITIONAL
PENALTIES.—A per-
son— 
‘‘(i) that commits a fraudulent viola-
tion of subsection (a) shall be prohibited 
from importing merchandise into the 
United States during a period of five years 
beginning on the date of entry of a final 
judgment with respect to such violation; 
and 
‘‘(ii) that is an affiliated person of a 
person described in clause (i) shall be pro-
hibited from importing merchandise into 
the United States during the period de-
scribed in such clause. 
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‘‘(C) AFFILIATED PERSON DEFINED.—In 
subparagraph (B)(ii), the term ‘affiliated per-
son’ has the meaning given that term in section 
771(33).’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘A grossly negligent 
violation’’ and inserting the following: 
‘‘(A) IN
GENERAL.—A grossly negligent 
violation’’; 
(ii) by striking ‘‘(A) the lesser of—’’ 
and inserting the following: 
‘‘(i) the lesser of—’’; 
(iii) by striking ‘‘(i) the domestic 
value’’ and inserting the following: 
‘‘(I) three times the domestic 
value’’; 
(iv) by striking ‘‘(ii) four times’’ and 
inserting the following: 
‘‘(II) 10 times’’; 
(v) by striking ‘‘(B) if the violation’’ 
and inserting the following: 
‘‘(ii) if the violation’’; 
(vi) in clause (ii) of subparagraph (A) 
(as so redesignated), by striking ‘‘40 per-
cent of’’ and inserting ‘‘three times’’; and 
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(vii) by adding at the end the fol-
lowing: 
‘‘(B) ADDITIONAL
PENALTIES.—A per-
son— 
‘‘(i) that commits a grossly negligent 
violation of subsection (a) shall be prohib-
ited from importing merchandise into the 
United States during a period of two years 
beginning on the date of entry of a final 
judgment with respect to such violation; 
and 
‘‘(ii) that is an affiliated person of a 
person described in clause (i) shall be pro-
hibited from importing merchandise into 
the United States during the period de-
scribed in such clause. 
‘‘(C) AFFILIATED PERSON DEFINED.—In 
subparagraph (B)(ii), the term ‘affiliated per-
son’ has the meaning given that term in section 
771(33).’’. 
SEC. 3. PRIVATE ENFORCEMENT ACTION FOR CUSTOMS 
FRAUD. 
The Tariff Act of 1930 is amended by inserting after 
section 592A (19 U.S.C. 1592a) the following: 
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‘‘SEC. 592B. PRIVATE ENFORCEMENT ACTION FOR CUS-
TOMS FRAUD. 
‘‘(a) CIVIL ACTION.—An interested party the busi-
ness, property, or other financial interest of which is in-
jured by a fraudulent or grossly negligent violation of sec-
tion 592(a) may bring a civil action against any person 
that causes such injury, or any person that aids or abets 
that person in violating section 592(a), in any United 
States District Court located in a district in which the in-
terested party has suffered injury, without regard to the 
amount in controversy. 
‘‘(b) RELIEF.—Upon proof by an interested party in 
a civil action brought under subsection (a) that the busi-
ness, property, or other financial interest of the interested 
party has been injured by a fraudulent or grossly negligent 
violation of section 592(a), the interested party shall— 
‘‘(1)(A) recover compensatory damages equal to 
the amount of such injury plus an additional penalty 
equal to three times the amount of compensatory 
damages; and 
‘‘(B) be granted such equitable relief as may be 
appropriate, which may include an injunction 
against further importation into the United States 
of the merchandise imported into the United States 
in violation of section 592(a); and 
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‘‘(2) recover the costs of bringing the civil ac-
tion, including reasonable attorney’s fees. 
‘‘(c) INTERVENTION BY THE UNITED STATES.— 
‘‘(1) IN GENERAL.—The court shall permit the 
United States to intervene in an civil action brought 
under subsection (a), as a matter of right. The 
United States shall have all the rights of a party. 
‘‘(2) SHARING OF INFORMATION.—Upon a rea-
sonable request by the United States Government, 
any interested party that brings a civil action under 
subsection (a) shall provide to the United States 
Government— 
‘‘(A) a copy of the complaint; 
‘‘(B) any memoranda of law or briefing 
filed with a court in support of the complaint 
as of the date of the request; and 
‘‘(C) if the United States Government 
agrees to reimburse the interested party for all 
reasonable costs and expenses associated with 
responding to the request, any information ob-
tained by the interested party through discovery 
processes in the civil action as of the date of 
the request. 
‘‘(d) NULLIFICATION
OF
ORDER
IN
NATIONAL 
EMERGENCIES.—An order by a court under this section 
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is subject to nullification by the President under the au-
thority provided by section 203 of the International Emer-
gency Economic Powers Act (50 U.S.C. 1702). 
‘‘(e) INTERESTED PARTY DEFINED.— 
‘‘(1) IN GENERAL.—In this section, the term 
‘interested party’ means— 
‘‘(A) a manufacturer, producer, or whole-
saler in the United States of like merchandise 
or competing merchandise; 
‘‘(B) a certified union or recognized union 
or group of workers that is representative of an 
industry engaged in the manufacture, produc-
tion, or wholesale in the United States of like 
merchandise or competing merchandise; or 
‘‘(C) a trade or business association a ma-
jority of the members of which manufacture, 
produce, or wholesale like merchandise or com-
peting merchandise in the United States. 
‘‘(2) COMPETING
MERCHANDISE.—For pur-
poses of paragraph (1), the term ‘competing mer-
chandise’ means merchandise that competes with or 
is a substitute for merchandise being imported into 
the United States in violation of section 592(a). 
‘‘(3) LIKE
MERCHANDISE.—For purposes of 
paragraph (1), the term ‘like merchandise’ means 
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merchandise that is like, or in the absence of like, 
most similar in characteristics and uses with, mer-
chandise being imported into the United States in 
violation of section 592(a).’’. 
SEC. 4. EXCLUSION OF PERSONS THAT HAVE COMMITTED 
FRAUDULENT OR GROSSLY NEGLIGENT VIO-
LATIONS OF UNITED STATES CUSTOMS LAWS 
FROM PARTICIPATION IN THE IMPORTER OF 
RECORD PROGRAM. 
Section 114 of the Trade Facilitation and Trade En-
forcement Act of 2015 (19 U.S.C. 4320) is amended— 
(1) by redesignating subsections (c) and (d) as 
subsection (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) EXCLUSION.— 
‘‘(1) IN GENERAL.—The following persons shall 
be ineligible to participate in the importer of record 
program: 
‘‘(A) Any person determined by U.S. Cus-
toms and Border Protection or a court of com-
petent jurisdiction to have committed a fraudu-
lent or grossly negligent violation of section 
592(a) of the Tariff Act of 1930 (19 U.S.C. 
1592(a)). 
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‘‘(B) Any person that is an affiliated per-
son of a person described in subparagraph (A). 
‘‘(2) REVOCATION.—The Secretary shall revoke 
the importer of record number assigned to any per-
son under the importer of record program if the Sec-
retary subsequently determines that the person is a 
person described in subparagraph (A) or (B) of 
paragraph (1). 
‘‘(3) AFFILIATED PERSON DEFINED.— 
‘‘(A) IN
GENERAL.—For purposes para-
graph (1)(B), the term ‘affiliated person’ has 
the meaning given that term in section 771(33) 
of the Tariff Act of 1930 (19 U.S.C. 1677(33)). 
‘‘(B) DEEMED AFFILIATED PERSONS.—In 
order to prevent commercial fraud, protect the 
revenue, and help prevent the use of shell com-
panies by importers that seek to evade the cus-
toms and trade laws of the United States, a 
person may be deemed to be an affiliated per-
son for purposes of paragraph (1)(B) based 
upon information declared to U.S. Customs and 
Border Protection suggesting a formal or ongo-
ing relationship between that person and a per-
son described in paragraph (1)(A), including 
similarities in imported merchandise (including 
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article classification upon importation), common 
declared exporters and shippers, and historical 
import volumes.’’. 
Æ 
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