Furniture Manufacturer Grosfillex, Inc. Agrees to Pay $4.9 Million to Resolve Allegations That It Evaded Customs Duties on Imports From China

PHILADELPHIA – United States Attorney David Metcalf announced today that Grosfillex, Inc., a French company that manufactures and imports outdoor furniture, and whose North American headquarters is in Robesonia, Berks County, Pennsylvania, has agreed to pay $4.9 million to resolve allegations that it violated the False Claims Act and other statutes by evading antidumping and countervailing duties (AD/CVD) on items made of extruded aluminum originating from the People’s Republic of China (PRC).

The U.S. Department of Commerce assesses, and U.S. Customs and Border Protection (CBP) collects, antidumping and countervailing duties to level the playing field for domestic producers. Antidumping duties protect against foreign companies “dumping” products on U.S. markets at prices below cost, while countervailing duties offset foreign government subsidies.

The settlement announced today resolves allegations that Grosfillex knowingly submitted, and caused to be submitted, false customs forms to CBP claiming that certain furniture parts made of extruded aluminum were not subject to AD/CVD. For a subset of such parts, the United States alleged that Grosfillex attempted to camouflage the aluminum extrusions by packaging the parts as sham furniture “kits.”

In addition, for a different subset of such parts, Grosfillex knowingly failed to correct customs forms it had submitted previously, even after learning that the forms falsely stated to CBP that certain extruded aluminum parts were not subject to AD/CVD.

“This settlement should serve as a warning that the United States Attorney’s Office for the Eastern District of Pennsylvania will use every tool available to combat fraud in international trade,” said U.S. Attorney Metcalf. “We will pursue those who seek an unfair advantage in U.S. markets by attempting to evade paying the customs, duties, or tariffs on foreign imports meant to level the playing field for U.S. manufacturers.”

“The investigation into Grosfillex, Inc. highlights our relentless dedication to enforcing our nation’s trade laws and protecting the integrity of our economy. By uncovering and dismantling intricate schemes to defraud the government, we ensure that all businesses operate on a fair and level playing field,” said Edward V. Owens, Special Agent in Charge of Homeland Security Investigations (HSI) Philadelphia. “The successful settlement of this case is a testament to the outstanding collaboration between HSI, CBP and the U.S. Department of Justice. We remain vigilant in our efforts to identify and hold accountable those who attempt to exploit our trade system for their benefit.”

The settlement also resolves a lawsuit originally brought by Edward Wisner, a former Grosfillex employee, filed 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 share in a portion of the government’s recovery. The civil lawsuit was filed in the Eastern District of Pennsylvania and is captioned United States ex rel. Wisner v. Grosfillex, Inc., No. 20-cv-511. As part of the resolution, Mr. Wisner will receive approximately $963,000. He is represented in this matter by attorney David J. Caputo of Youman & Caputo LLC in Philadelphia.

The resolution obtained in this matter was the result of a coordinated effort between the United States Attorney’s Office for the Eastern District of Pennsylvania and the U.S. Department of Justice Civil Division, Commercial Litigation Branch, Fraud Section, with investigative assistance from CBP and HSI.

The matter is being handled in the U.S. Attorney’s Office by Assistant United States Attorney Mark J. Sherer.

The claims resolved by the settlement are allegations only and there has been no determination of liability.