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The U.S. trade enforcement system is undergoing a major shift, as the traditional regulatory model that has long relied on administrative fines and back tax payments is being gradually replaced. Following the official establishment of the Global Trade and Commercial Enforcement Section (GTCES) by the U.S. Department of Justice, enforcement actions targeting underdeclared commodity values, misclassification, evasion of anti-dumping and countervailing duties, falsified origins and fraudulent certifications have expanded from administrative customs reviews to criminal investigations.

Notably, the U.S. newly adopted "penetrative enforcement" model extends its investigative scope beyond importers themselves to all participants across the full supply chain, including overseas manufacturers, freight forwarders, customs brokers, warehousing and logistics companies. For freight forwarding enterprises with long-standing U.S.-focused businesses, the urgency of client qualification vetting, documentary authenticity verification and compliant declaration management has risen sharply. Substantial changes have taken place in U.S. trade enforcement rules; any enterprise that takes chances or aids non-compliant operations may face far graver legal consequences than before.

Previously, U.S. Customs mostly handled trade violations through administrative probes, tax back payments and fines, which some companies treated as quantifiable compliance costs. However, this regulatory mindset is undergoing a fundamental transformation. On July 14, the U.S. Department of Justice officially announced the launch of the Global Trade and Commercial Enforcement Section under the National Fraud Enforcement Section, tasked exclusively with investigating and prosecuting criminal cases involving import, trade and customs fraud. This marks an accelerated shift of U.S. trade enforcement from an administration-dominated era to a cycle centered on criminal liability.

GTCES is not a temporary body. It was upgraded from the Trade Fraud Task Force jointly set up by the U.S. Department of Justice and Department of Homeland Security in August 2025. U.S. authorities disclosed that within less than one year of operation, the task force recovered, forfeited and seized funds and assets worth over 1 billion U.S. dollars, which served as the key rationale for its upgrade to a permanent law enforcement agency.

In an official statement, Colin McDonald, Assistant Attorney General of the U.S. Department of Justice, stated that many companies previously treated customs violations as a mere "cost of doing business." The intervention of criminal law enforcement sends a clear message: trade fraud constitutes a serious economic crime, rather than merely an administrative infraction.

According to information released by U.S. authorities, GTCES’s core mandates include investigating acts such as evading tariffs via false declarations, unlawful imports of restricted goods, violations of product safety regulations and circumvention of forced labor bans. It is empowered to pursue liable parties through federal criminal proceedings. Severe cases may trigger charges under Title 18 of the U.S. Code relating to smuggling, trade fraud and conspiracy, with responsible parties facing a maximum prison sentence of 20 years.

Meanwhile, the U.S. Department of Justice and Department of Homeland Security jointly issued the Trade Fraud Enforcement Resource Guide, further clarifying key categories of targeted violations as follows:

1. Tariff and Tax Fraud

This category encompasses intentional understatement of commodity values, erroneous tariff classification, evasion of anti-dumping and countervailing duties, falsification of certificates of origin, origin laundering via third-country transshipment, fraudulent claims of preferential treatment under free trade agreements, and deceptive export tax rebate applications.

2. Supply Chain Participant Violations

Relevant misconduct includes using shell importers to evade liability, customs brokers assisting in the submission of false declaration documents, and deliberately choosing ports with looser enforcement standards to conduct non-compliant customs clearance.

3. Product Safety and Regulatory Fraud

Acts covered include falsified consumer product safety and environmental certification documents, concealment of product safety defects, circumvention of food import supervision, and import of unlicensed or counterfeit pharmaceuticals and medical devices.

4. Trade Control Violations

Such violations cover falsifying supply chain information to bypass forced labor bans, illegal imports of timber and wild flora and fauna products, and intentional non-disclosure of sensitive goods subject to export controls or sanctions.

Of particular note, the U.S. Department of Justice has explicitly confirmed that enforcement targets span the entire supply chain, including overseas manufacturers, importers, freight forwarders, customs brokers, warehousing firms and downstream distributors. Any party that knowingly or constructively participates in shipping, booking, customs clearance or other supporting activities despite actual or constructive knowledge of false declarations, under-valued shipments, incorrect classification and other violations risks being subject to criminal investigation.

International logistics enterprises now face drastically heightened compliance standards. The previous practice of resolving violations solely through administrative penalties can no longer adapt to the new enforcement landscape. Amid the U.S.’s intensified supervision over tariffs, country of origin, supply chain security and product compliance, freight forwarders, customs brokers and cross-border trading enterprises must prioritize client background checks, documentary authentication, commodity classification verification, certificate of origin validation and end-to-end supply chain compliance management to mitigate risks of being drawn into criminal investigations.

With GTCES fully operational, U.S. trade enforcement has entered a new phase where administrative regulation and criminal liability run parallel. Businesses engaged in U.S.-bound trade will now confront not only customs inspections and tax demand notices but also the prospect of direct judicial investigation and criminal prosecution. Compliance is evolving from an administrative requirement into an essential survival baseline for all supply chain stakeholders.

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