Ceratizit USA LLC, a Charlotte, North Carolina-based distributor of tungsten carbide products, has agreed to pay $54.4 million to resolve allegations that it violated the False Claims Act by knowingly and improperly failing to pay duties owed on tungsten carbide products imported from the People’s Republic of China.
Tungsten carbide is a hard, wear-resistant material used in the manufacturing of cutting tools and other components.
“Import duties are a powerful tool for protecting American industry,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “This settlement once again demonstrates that the Department of Justice will zealously pursue those who seek an unfair advantage in U.S. markets by evading customs duties.”
To enter goods into the United States, an importer must declare, among other things, the country of origin of the goods, the classification of the goods, whether the goods are subject to duties, and the amount of duties owed. CBP collects applicable duties, including Section 301 tariffs imposed by the Office of the U.S. Trade Representative. Section 301 tariffs protect U.S. industry by imposing trade sanctions on foreign countries that violate U.S. trade agreements or engage in other unreasonable acts that burden U.S. commerce. During the relevant time period, Chinese-manufactured tungsten carbide products were subject to Section 301 tariffs.
“We need customs duties to protect our industries and to raise money,” said U.S. Attorney Jerome F. Gorgon Jr. for the Eastern District of Michigan. “We will use the law to support our companies and to make cheaters pay.”
The settlement resolves allegations that, from August 2020 through March 2024, Ceratizit knowingly misrepresented the country of origin on Chinese-manufactured tungsten carbide products.
“Attempts at duty evasion have always existed, regardless of the tariff environment,” said Commissioner Rodney S. Scott of U.S. Customs and Border Protection (CBP). “These schemes are vast and complex, but CBP professionals are well-trained and positioned to detect, deter, and disrupt tariff evasion schemes to ensure that duties are paid.”
More specifically, the United States alleged that Ceratizit knew these products had been manufactured in China and transshipped to Taiwan before being shipped to the United States. Ceratizit allegedly misrepresented to CBP that the products originated in Taiwan rather than China to avoid paying applicable Section 301 tariffs. The settlement also resolved allegations that, from June 2015 through March 2024, Ceratizit knowingly misclassified tungsten carbide products by using an incorrect Harmonized Tariff Schedule code to reduce the duties owed to CBP. Finally, the settlement resolves allegations that certain merchandise imported by Ceratizit was not marked with the country of origin and that the company failed to pay marking duties owed to CBP before distributing the unmarked products to consumers in the United States.
The settlement with Ceratizit resolves a civil lawsuit filed by Mark Stover under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and to share in a portion of the government’s recovery.
The lawsuit was filed in the Eastern District of Michigan and is captioned United States ex rel. Stover v. Ceratizit USA, et al. No. 2:22-cv-12291 (E.D. Mich.). As part of today’s resolution, Mr. Stover will receive approximately $9,750,000 of the settlement proceeds.
On Aug. 29, 2025, the Department of Justice launched a cross-agency Trade Fraud Task Force to enhance efforts to combat and prevent trade fraud that deprives the government of vital revenue, threatens critical domestic industries, undermines consumer confidence, and weakens national security. The Task Force augments existing coordination mechanisms within the Department of Justice, leveraging expertise from both the Civil and Criminal Divisions, as well as the Department of Homeland Security, to aggressively pursue enforcement actions against any parties who seek to evade tariffs and other duties, as well as smugglers who seek to import prohibited goods into the American economy. The Justice Department encourages whistleblowers to utilize the qui tam provisions of the False Claims Act to alert the government to credible allegations of fraud.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Eastern District of Michigan, with assistance from CBP’s Office of the Associate Chief Counsel.
The matter was handled by Trial Attorney James Nealon and Assistant U.S. Attorney Jonny Zajac for the Eastern District of Michigan.
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