PENNSYLVANIA
Three importers and their owners – Ameri-Source International Inc., Ameri-Source Specialty Products Inc., Ameri-Source Holdings Inc., Ajay Goel and Thomas Diener – and a related importer, SMC Machining LLC, incorporated agreed to pay $3 million to resolve a lawsuit brought by the federal government under the False Claims Act, according to officials.
The companies are all based in Pennsylvania.
The lawsuit alleged that the defendants engaged in a scheme to evade customs duties on imports of small-diameter graphite electrodes from the People’s Republic of China.
Small-diameter graphite electrodes are columns of synthetic graphite with diameters of around 16 inches or less that are used as fuel in electric arc and ladle furnaces, such as those used in steel manufacturing.
“We are committed to protecting U.S. jobs and industries from those who seek an unfair advantage in the U.S. marketplace,” said U.S. Attorney David J. Hickton of Pennsylvania. “This office’s aggressive criminal and civil enforcement efforts to combat and prosecute the evasive practices of both the corporations and individuals who perpetrated this scheme demonstrate our resolve to ensure a level playing field for all.”
This case was brought to light by whistleblower Graphite Electrode Sales Inc. under the False Claims Act.
Graphite Electrode Sales Inc. will receive approximately $480,000 as its share of today’s settlement.
The whistleblower act permits private parties to sue on behalf of the government those who falsely claim federal funds or, as in this case, those who avoid paying funds owed to the government or cause or conspire in such conduct.
The United States may intervene in and take over the lawsuit, as it has done here.
The act also allows the whistleblower to receive a share of any funds recovered through the lawsuit.
The Department of Commerce assesses and the U.S. Department of Homeland Security’s Customs and Border Protection collects duties to protect U.S. manufacturers from unfair competition abroad by leveling the playing field for domestic products.
The particular duties at issue in this case are antidumping duties, which protect domestic manufacturers against foreign companies’ “dumping” products on U.S. markets at prices below cost.
Imports of PRC-manufactured small-diameter graphite electrodes have been subject to antidumping duties since Aug. 21, 2008.
The settlement announced today resolves claims that Ameri-Source International Inc. evaded antidumping duties on 15 shipments of small-diameter graphite electrodes from China from December 2009 to March 2012.
The federal government contended that Ameri-Source International misclassified the size of the electrodes to avoid paying the duties.
There are no antidumping duties on larger diameter graphite electrodes.
The federal government also alleged that Goel, Diener and the other companies conspired in the misrepresentation to evade duties.
Ameri-Source International also waived indictment and pleaded guilty today to two counts of smuggling goods into the United States.
In federal court, Ameri-Source International admitted that on April 27, 2011 and June 9, 2011, the company falsely declared imported cargo from China as being graphite rods greater than 16 inches in diameter.
Judge Joy Flowers Conti immediately sentenced the corporation to pay a $250,000 criminal fine within 10 days and applied the payment of the $3 million to the loss of antidumping duties of $2,137,420.00.