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The FIGHTING for America Act to crack down on fentanyl smuggling and imports of products made with forced labor

Senator Casey has led efforts to crack down on fentanyl producers in China and traffickers bringing drugs across the border

Washington, D.C. – Today, U.S. Senators Bob Casey (D-PA), Rob Wyden (D-OR), Cynthia Lummis (R-WY), Sherrod Brown (D-OH), and Susan Collins (R-ME) introduced bipartisan legislation to crack down on illicit goods including fentanyl, counterfeits, and products made with forced labor entering the country by tightening import restrictions on packages. In recent years, shipments to consumers from foreign corporate giants have quadrupled, with these retailers abusing the customs process to avoid tariffs and inspection. The Fighting Illicit Goods, Helping Trustworthy Importers, and Netting Gains (FIGHTING) for America Act would change this loophole, help Customs and Border Protection (CPB) target shipments containing illicit goods, and help prevent fentanyl from entering the country undetected.  

“Far too many families across Pennsylvania have lost a loved one to the fentanyl crisis. We need to fight back against foreign corporations and traffickers that take advantage of holes in our trade laws to allow dangerous goods—including fentanyl and products made with forced labor—to enter our country undetected and free of tariffs, duties, or inspection,” Senator Casey said. “This legislation is a critical step to crack down on fentanyl crossing our borders, and I will continue to fight like hell to stop the fentanyl crisis.”

“Foreign corporate giants are inundating our borders with millions of low-value packages, making it tough for customs agents to stop dangerous goods like fentanyl from falling into Americans’ hands,” Senator Wyden said. “Americans should feel confident that anything arriving on their doorstep is safe, legal, and ethically produced. Our legislation would crack down on foreign companies abusing the law and make sure they play by the rules.”

“Whether through the southwest border or in packages mailed into the United States, China is using any tool available to get illicit drugs across our border,” Lummis said. “It is time for CBP to crack down on shipments from China to ensure drugs and products made using slave labor are encountered before making it into our communities.”

“Countries like China are exploiting the de minimis loophole to cheat our trade laws and flood our country with packages containing fentanyl and other illicit substances,” Senator Brown said. “By cracking down on this loophole and providing law enforcement with more resources, this bipartisan legislation will begin to level the playing field for Ohio workers and Ohio manufacturers and retailers – while helping to stop the deadly flow of fentanyl into Ohio communities.”

“Chinese companies continue to abuse U.S. trade laws. It is necessary that we tighten customs oversight of low-value imports entering the United States to combat these abuses of tariff-free entry procedures,” Senator Collins said. “This bipartisan bill would strengthen CBP enforcement, improve data collection, and streamline the import approval process to address unlawful imports and protect domestic industries while ensuring fair trade practices.”

The FIGHTING for America Act would help CPB more effectively stop unlawful imports by tightening the rules for de minimis entry, a customs process which allows packages under $800 to enter the country tariff free and under a streamlined process. Currently, Chinese corporate giants are taking advantage of the de minimis process, to avoid paying tariffs on textiles, shoes and apparel or evade trade penalties imposed to protect U.S. manufacturers from Chinese trade cheating. The increased volume of low-value packages also increases the risk that illicit goods including fentanyl can cross our borders unnoticed. This legislation would improve the oversight of the de minimums entry process by requiring CBP to collect more information about commercial packages, increasing penalties for bad actors, and facilitating the targeting and seizure of illicit goods including fentanyl.

Senator Casey has been traveling around Pennsylvania meeting with law enforcement and families of victims of fentanyl overdoses as he pushed for passage of the FEND Off Fentanyl Act and continues to push for passage of his Stop Fentanyl at the Border Act. Casey’s bill would increase staffing and technology to detect and stop the flow of fentanyl coming across the southwest border. It would enable U.S. Customs and Border Protection (CBP) to hire more Officers and Border Patrol Agents as well as provide funding to purchase Non-Intrusive Inspection systems, which scan vehicles and cargo at the border to provide detailed images of their interiors, and create an inspection program to increase seizure of firearms, which Mexican cartels frequently purchase in the United States and use to support their fentanyl production operations and other violent criminal enterprises.

Last month, Senator Casey applauded the Senate passage of the Preventing the Financing of Illegal Synthetic Drugs Act, a bill that will direct the U.S. Government Accountability Office (GAO) to investigate how transnational criminal organizations finance synthetic drug trafficking and help the federal government target them more effectively.

Senator Casey has also consistently pushed to crack down on Chinese trade cheating. In June 2023, Senator Casey cosponsored the Import Security and Fairness Act to tighten trade laws to crack down on companies that seek to avoid import duties. Earlier this year, Senator Casey championed provisions in the Intelligence Authorization Act to stop fentanyl at the border, prevent Chinese cyberattacks, and thwart Chinese efforts to evade U.S. regulations. In March 2024, Senator Casey raised alarms about SHEIN, a Chinese corporation allegedly utilizing forced labor. He urged Wall Street executives to investigate SHEIN’s alleged unethical practices before allowing the corporation access to U.S markets.

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