Fighting Trade Cheats Act of 2026
Sponsored By: Senator Katie Britt
Introduced
Summary
This bill would strengthen U.S. customs enforcement by _raising penalties and expanding enforcement against customs fraud_. It would create new civil penalties, let injured U.S. parties sue, and cut bad actors out of the importer-of-record program.
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- Would increase monetary penalties and add import bans for fraudulent and grossly negligent violations. Fraudulent violators and their affiliates face a 5-year import ban. Gross negligence gets a new tiered penalty tied to multiples of domestic value including a 3x baseline and a possible 10x multiple, plus a 2-year import ban for violators and affiliates.
- Would create a private right of action for injured parties such as U.S. manufacturers, producers, wholesalers, certified unions, and trade associations. Plaintiffs could seek compensatory damages plus an additional penalty equal to three times those damages, injunctive relief to stop imports, and recovery of costs and attorney fees. The federal government may intervene and access case materials.
- Would bar persons who commit fraudulent or grossly negligent violations and their affiliates from the importer-of-record program and let the Secretary revoke numbers or deem affiliations based on evidence and import patterns.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Private lawsuits for U.S. manufacturers
This bill would let certain U.S. manufacturers, unions, and trade groups sue importers for customs fraud or gross negligence. Plaintiffs could sue in the federal district where they were harmed. A winning plaintiff could recover actual damages plus an extra penalty equal to three times those damages. Plaintiffs could also get injunctions to stop imports, costs, and reasonable attorney's fees. The United States could intervene and request filings and discovery.
Higher fines for import violations
This bill would raise civil penalties for customs violations. For fraudulent violations the penalty would be three times the merchandise's domestic value. For grossly negligent violations the penalty would be the lesser of three times and ten times the domestic value. Penalties would apply per violating entry and would take effect upon enactment.
New import bans and program rules
This bill would bar people and companies found to have committed fraudulent customs violations from importing for five years after entry of final judgment. It would bar people found grossly negligent from importing for two years after entry of final judgment. The ban would also apply to affiliated persons, and CBP could deem affiliation using declared import data like common shippers or matching classifications. The Secretary could revoke importer-of-record numbers, and a purchaser who buys from two or more affiliated violators would be presumed to have knowledge starting with the second purchase.
Sponsors & CoSponsors
Sponsor
Katie Britt
AL • R
Cosponsors
Sen. Baldwin, Tammy [D-WI]
WI • D
Sponsored 2/9/2026
Sen. Tillis, Thomas [R-NC]
NC • R
Sponsored 2/9/2026
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 2/9/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov