What will happen if I mis-describe merchandise in order to avoid the BTA requirements?

When CBP detects this sort of violation, the consequences for smuggling can be substantial.  CBP has existing and sufficient enforcement authority in this type of matter.  All of the merchandise involved may be seized, and subject to forfeiture.  The violators may face significant penalty or liquidated damage claims. In certain cases, the violators may be criminally prosecuted. Upon conviction, the FDA may disbar someone from ever importing food items into the United States.  CBP may also apply significant civil monetary penalties to anyone who had knowledge, assisted, or aided in the unlawful importation of these violative goods.