On April 2, 2025, President Donald Trump announced a new tariff regime under the International Emergency Economic Powers Act of 1977 (“IEEPA”), citing national security concerns. This regime includes a 10 percent baseline tariff for all countries and higher “reciprocal tariffs” for approximately 90 countries, effective April 5, and April 9, 2025, with additional potential tariffs threatened in the future. The new tariffs would significantly impact corporations, particularly those with supply-chain exposure in China and other Southeastern Asian countries.
As part of the new regime, the Trump administration has already signaled an intent to aggressively pursue customs fraud cases. In a mid-February keynote address at the Federal Bar Association’s (FBA) annual qui tam conference in Washington, DC, Deputy Assistant Attorney General of the Commercial Litigation Branch Michael Granston emphasized that the Department of Justice (DOJ) intends to make “illegal foreign trade practices” a major focus of the next four years. Bearing in mind the national security rationale for the tariff regime and its centrality to President Trump’s agenda, companies should take seriously the possibility that the federal government may seek both criminal charges and civil enforcement actions against violators.
Corporate entities should understand their supply-chain risks and strategize how to minimize exposure for tariff evasion. Companies can run...
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