Importers Agree to Pay $6.8M to Resolve False Claims Act Liability Relating to Voluntary Self-Disclosure of Unpaid Customs Duties

Manchester, New Hampshire, based Global Plastics LLC (Global Plastics) and Melville, New York, based Marco Polo International LLC (Marco Polo), both subsidiaries of MGI International LLC, have agreed to pay $6.8 million to resolve their civil liability under the False Claims Act for knowingly failing to pay customs duties on certain plastic resin imported from the People’s Republic of China (PRC). In connection with the settlement, the United States acknowledged that MGI International and its subsidiaries took a number of significant steps entitling them to credit for cooperating with the government.

To enter goods into the United States, an importer must declare, among other things, the country of origin of the goods, the value of the goods, whether the goods are subject to duties, and the amount of duties owed. U.S. Customs and Border Protection (CBP) collects applicable duties.

In 2024, MGI and its subsidiaries disclosed to CBP and the U.S. Attorney’s Office for the District of New Hampshire that, beginning in May 2019, Global Plastics and Marco Polo failed to declare the correct country of origin and value on certain entries of plastic resin products manufactured in the PRC and, as a result, failed to pay the proper duties owed to CBP.   

“The Department will pursue those who gain an unfair trade advantage in U.S. markets, including those who knowingly evade or underpay duties owed on foreign imports,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “As today’s settlement reflects, when importers fail to pay customs duties owed, they can mitigate the consequences by making timely self-disclosures, cooperating with investigations, and taking appropriate remedial measures.”

“Companies doing business in the United States must play by the rules, including paying full custom duties owed for imports,” said Acting U.S. Attorney Jay McCormack for the District of New Hampshire. “This resolution demonstrates that when companies self-disclose misconduct, cooperate fully with the government’s investigation, and take meaningful corrective action, they can receive credit for those admissions. We will continue to hold accountable those who attempt to avoid paying what they owe to the federal government, while also recognizing responsible corporate behavior.”

“When companies use unfair trade practices and fraudulent methodologies to avoid paying customs duties, it robs the American people of revenue and undermines our economy,” said acting Executive Assistant Commissioner Susan S. Thomas of the Office of Trade, U.S. Customs and Border Protection. “I am proud that CBP was able to work with the Department of Justice to help ensure a level playing field for law abiding businesses.”

MGI cooperated with the United States’ investigation by, among other things: making a timely voluntary self-disclosure of the potential violations; performing a thorough and independent internal investigation;  preserving, collecting, and disclosing facts not known to the government but relevant to its investigation; conducting an analysis of potential damages that was shared with the government; and implementing appropriate remedial actions, including disciplining personnel and making improvements to compliance procedures. As a result, MGI, Global Plastics, and Marco Polo received credit under the Department’s guidelines for taking disclosure, cooperation, and remediation into account in False Claims Act settlements.

This resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of New Hampshire, with assistance from the CBP’s Office of Chief Counsel.

This matter was handled by Assistant United States Attorney Raphael Katz of the District of New Hampshire and Senior Trial Counsel Art J. Coulter of the Civil Division’s Commercial Litigation Branch, Fraud Section.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.