Allied Stone Inc., a Dallas, Texas-based supplier of countertop and cabinetry products, and its President, Jia “Jerry” Lim, have agreed to pay a total of $12.4 million to resolve allegations that they violated the False Claims Act by knowingly and improperly evading, or conspiring to evade, antidumping and countervailing duties owed to the United States on quartz surface products imported from the People’s Republic of China (China).
“This settlement reflects our commitment to hold accountable those who evade or conspire to evade duties owed on imported goods, including antidumping and countervailing duties that level the playing field for American manufacturers,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The Department of Justice will zealously pursue those who seek an unfair advantage in U.S. markets by evading or conspiring with others to evade duties owed.”
“This case demonstrates that the United States Attorney’s Office for the Northern District of Texas and its partners will use every tool available to ensure compliance with our nation’s trade policy, including customs, duties, and tariffs on foreign imports meant to level the playing field,” said Acting U.S. Attorney Nancy E. Larson for the Northern District of Texas. “This settlement sends a message that U.S. companies cannot turn a blind eye to the evasion of customs duties.”
“Providing false information to CBP violates the law, and it is imperative that violators face consequences,” said acting Executive Assistant Commissioner Susan S. Thomas of the Office of Trade, U.S. Customs and Border Protection. “CBP will always work alongside the Department of Justice to ensure a level playing field for U.S. businesses.”
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, including antidumping and countervailing duties assessed by the Department of Commerce. Antidumping duties protect against foreign companies “dumping” products on U.S. markets at prices below cost, while countervailing duties offset foreign government subsidies. During the relevant time period, quartz surface products from China were subject to both antidumping and countervailing duties.
The settlement resolves allegations that Allied Stone and Mr. Lim knowingly evaded or conspired to evade duties on Chinese quartz surface products that were imported between Sept. 29, 2018 and Feb. 7, 2023. Among other things, the United States alleged that Allied Stone and Mr. Lim misrepresented, caused to be misrepresented, or conspired in the misrepresentation of Chinese quartz surface products as other merchandise subject to lesser duties, such as marble or crystallized glass, to improperly avoid applicable antidumping and countervailing duties. The United States also alleged that Allied Stone and Mr. Lim failed to declare and pay, and failed to ensure that others (including manufacturers and third-party entities serving as the official importers of record) were declaring and paying, applicable antidumping and countervailing duties owed to the United States on entries of Chinese quartz surface products.
The settlement with Allied Stone and Mr. Lim resolves a civil lawsuit filed by relator Melinda Hemphill 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 Northern District of Texas and is captioned United States ex rel. Melinda Hemphill v. Allied Stone Inc., et al., No. 21-cv-2955 (N.D. Tex.). As part of today’s resolution, Ms. Hemphill will receive approximately $2,170,875 of the settlement proceeds.
The 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 Northern District of Texas, with assistance from CBP’s Office of Associate Chief Counsel, Gulf Southwest Region and from Trade Regulatory Audit within CBP’s Office of Trade.
Trial Attorney Gavin Thole of the Justice Department’s Civil Division, Assistant U.S. Attorney for the Northern District of Texas Najib Gazi, and former Assistant U.S. Attorney Richard Guiltinan for the Northern District of Texas handled the case.
The claims resolved by the settlement are allegations only and there has been no determination of liability.