S. 3808

119 S3808 IS: Fighting Trade Cheats Act of 2026
 U.S. Senate
 2026-02-09
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 3808  IN THE SENATE OF THE UNITED STATES   February 9, 2026   Mrs. Britt  (for herself,  Ms. Baldwin ,  Mr. Tillis , and  Mr. Fetterman ) introduced the following bill; which was read twice and referred to the  Committee on Finance    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.
1.
Short title
This Act may be cited as the   Fighting Trade Cheats Act of 2026  .
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 paragraph (1)(B), if a person purchases merchandise 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 knowledge 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
(2)
in subsection (c)—
(A)
in paragraph (1)—
(i)
by striking  A fraudulent violation  and inserting the following:
(A)
In general
A fraudulent violation
 ;
(ii)
in subparagraph (A) (as so designated), by inserting before  the domestic value  the following:  three times ; and
(iii)
by adding at the end the following:
(B)
Additional penalties
A person—
(i)
that commits a fraudulent violation 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 prohibited from importing merchandise into the United States during the period described in such clause.
(C)
Affiliated person defined
In subparagraph (B)(ii), the term  affiliated person  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 percent of  and inserting  three times ; and
(vii)
by adding at the end the following:
(B)
Additional penalties
A person—
(i)
that commits a grossly negligent violation of subsection (a) shall be prohibited 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 prohibited from importing merchandise into the United States during the period described in such clause.
(C)
Affiliated person defined
In subparagraph (B)(ii), the term  affiliated person  has the meaning given that term in section 771(33).
 .
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:
592B.
Private enforcement action for customs fraud
(a)
Civil action
An interested party the business, property, or other financial interest of which is injured by a fraudulent or grossly negligent violation of section 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 interested 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 business, 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
(2)
recover the costs of bringing the civil action, 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 reasonable 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 obtained by the interested party through discovery processes in the civil action as of the date of the request.
(d)
Interested party defined
(1)
In general
In this section, the term  interested party  means—
(A)
a manufacturer, producer, or wholesaler 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, production, or wholesale in the United States of like merchandise or competing merchandise; or
(C)
a trade or business association a majority of the members of which manufacture, produce, or wholesale like merchandise or competing merchandise in the United States.
(2)
Competing merchandise
For purposes of paragraph (1), the term  competing merchandise  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 merchandise that is like, or in the absence of like, most similar in characteristics and uses with, merchandise being imported into the United States in violation of section 592(a).
 .
4.
Exclusion of persons that have committed fraudulent or grossly negligent violations of United States customs laws from participation in the importer of record program
Section 114 of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4320 ) is amended—
(1)
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
(2)
by inserting after subsection (b) the following:
(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. Customs and Border Protection or a court of competent jurisdiction to have committed a fraudulent or grossly negligent violation of section 592(a) of the Tariff Act of 1930 ( 19 U.S.C. 1592(a) ).
(B)
Any person that is an affiliated person of a person described in subparagraph (A).
(2)
Revocation
The Secretary shall revoke the importer of record number assigned to any person under the importer of record program if the Secretary 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 paragraph (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 companies by importers that seek to evade the customs and trade laws of the United States, a person may be deemed to be an affiliated person for purposes of paragraph (1)(B) based upon information declared to U.S. Customs and Border Protection suggesting a formal or ongoing relationship between that person and a person described in paragraph (1)(A), including similarities in imported merchandise (including article classification upon importation), common declared exporters and shippers, and historical import volumes.
 .