Ford could face $1B federal penalty after years-long dispute over Transit Connect vans

This is a story about a backseat and lots of money.

So sit down and get comfortable because the detail reads like a film script.

Ford Motor Co. could face up to $1.3 billion in import penalties on its Ford Transit Connect vans, according to a document the automaker filed with the Securities and Exchange Commission on Thursday.

This is on top of a $196 million penalty Ford paid in 2020 to U.S. Customs and Border Protection related to Transit Connect, the company confirmed to the Free Press. The payment was treated as a special item in Ford financial documents.  

The legal battle is part of a years-long tariff dispute in U.S. courts between Ford and federal customs officials that seems to be coming to a close with potentially painful consequences for the Dearborn automaker.  

The tariffs involve Transit Connect vehicles used as cargo vans by customers. If the vans are purchased as passenger vans, they’re subject to a 2.5% tax; cargo vans are subject to 25% duty.

The Ford Transit Connect van has been the focus of a tariff fight since 2013. This 2019 Ford Transit Connect Wagon is similar to the vehicle noted in the legal battle.

“The Transit Connect program was designed and executed to comply with long-standing tariff rules. Nonetheless, after the Supreme Court declined to rehear the case, Ford paid increased duties on vehicles that had previously been imported to the U.S., plus interest,” Ford spokesman Ian Thibodeau told the Free Press on Thursday. “We will rightly continue to vigorously defend Ford’s actions here and contest any (additional) duties and penalty.”

Ford is accused of strategically trying to skirt tariff laws.

The latest Ford filing with the federal regulatory agency is called a prepenalty notice that alerts investors to the financial vulnerability. The vans in question were built in Turkey.

Warning 

After the company’s June 30, quarterly earnings period ended, Ford filed regulatory documents that noted the customs agency ruled in 2013 that “Transit Connects imported as passenger wagons and later converted into cargo vans are subject to the 25% duty applicable to cargo vehicles, rather than the 2.5% duty applicable to passenger vehicles.”

Ford challenged the ruling in the U.S. Court of International Trade, which ruled in Ford’s favor in August 2017. But then Customs appealed to the U.S. Court of Appeals for the Federal Circuit and prevailed in June 2019.

The U.S. Supreme Court denied Ford’s petition to hear the case on June 29, 2020, and the company paid increased duties for certain prior imports, plus interest, and disclosed to investors that Customs (CBP) might push for penalties.

On Thursday, Ford said in its regulatory filing that its prepenalty notice “includes a demand for additional duties of $181 million and indicates that CBP is contemplating the issuance of a claim for a monetary penalty. If such a claim is brought, CBP indicated that the penalty it may seek could be as much as $652 million to $1.3 billion. In the event a penalty is ultimately imposed against us, the amount would be based on our level of culpability as determined by the courts. We intend to vigorously defend our actions and contest payment of any amounts set forth in the prepenalty notice.”