Ford Motor Company Agrees to Pay $365M to Settle Customs Civil Penalty Claims Relating to Misclassified and Under-Valued Vehicles

Ford Motor Company has agreed to pay the United States $365 million to resolve allegations that it violated the Tariff Act of 1930 by misclassifying and understating the value of hundreds of thousands of its Transit Connect vehicles, the Justice Department announced today.

The settlement resolves allegations that Ford devised a scheme to avoid higher duties by misclassifying cargo vans. Specifically, the government alleged that from April 2009 to March 2013, Ford imported Transit Connect cargo vans from Turkey into the United States and presented them to U.S. Customs and Border Protection (CBP) with sham rear seats and other temporary features to make the vans appear to be passenger vehicles. These temporary rear seats were never intended to be, and never were, used to carry passengers. Rather, the government alleged, Ford included these seats and features to avoid paying the 25% duty rate applicable to cargo vehicles. By classifying the vans as vehicles for the transport of passengers, Ford instead paid a duty rate of just 2.5%. Ford submitted entry papers to CBP declaring these vehicles as classifiable under tariff heading 8703 as “Motor cars and other motor vehicles principally designed for the transport of persons.” After customs clearance, each of these Transit Connect vehicles was immediately stripped of its rear seats and returned to its original identity as a two-seat cargo van.

The settlement also resolves allegations that, from April 2009 through August 2013, Ford avoided paying import duties by under-declaring to CBP the value of certain Transit Connect vehicles.

“When companies misclassify imports to avoid paying what they owe, they will be held accountable,” said Acting Associate Attorney General Benjamin C. Mizer. “Today’s settlement is a victory for American taxpayers and for our efforts to combat trade fraud and ensure compliance with United States trade laws. Companies that attempt to evade customs duties with sham representations and workarounds will not be rewarded.”

“Importers have an obligation to truthfully declare the nature of their products and pay the duties that are owed,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The government will not permit companies to evade duties by adding sham features to their products and then misclassifying them.”

“This settlement, which is one of the largest customs penalty settlements in recent history, demonstrates that U.S. Customs and Border Protection will pursue even the largest companies to ensure that all importers follow the rules; our intent is to enforce the customs laws fairly, which means that non-compliance is not an option for anyone,” said Senior Official Performing Duties of the Commissioner Troy A. Miller of CBP. “The partnership between CBP and the Justice Department provides a critical safeguard to protect the revenue of the United States.”

To combat trade fraud, including avoidance of import duties, the Justice Department created a Trade Fraud Task Force. The Task Force partners with CBP and other law enforcement agencies to ensure compliance with United States trade laws.

The resolution obtained in this matter was the result of a coordinated effort between CBP and the Civil Division’s Commercial Litigation Branch’s International Field Office and National Courts Section.

Attorneys Beverly Farrell and Justin Miller of the Civil Division’s International Trade Field Office and Claudia Burke, Joshua Kurland, Patricia McCarthy and Frank White of the Civil Division’s National Courts Section handled this matter.

The claims resolved by this settlement are allegations only. There has been no determination of liability.