Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws

Executive Order 13785 of March 31, 2017

Establishing Enhanced Collection and Enforcement
of Antidumping and Countervailing Duties and Violations
of Trade and Customs Laws

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to promote the efficient and
effective administration of United States trade laws,
it is hereby ordered as follows:

Section 1. Policy. Importers that unlawfully evade
antidumping and countervailing duties expose United
States employers to unfair competition and deprive the
Federal Government of lawful revenue. As of May 2015,
$2.3 billion in antidumping and countervailing duties
owed to the Government remained uncollected, often from
importers that lack assets located in the United
States. It is therefore the policy of the United States
to impose appropriate bonding requirements, based on
risk assessments, on entries of articles subject to
antidumping and countervailing duties, when necessary
to protect the revenue of the United States.

Sec. 2. Definitions. For the purposes of this order:

    (a) the term “importer” has the meaning given in
section 4321 of title 19, United States Code; and
    (b) the term “covered importer” means any
importer of articles subject to antidumping or
countervailing duties for which one of the following is
true: U.S. Customs and Border Protection (CBP) has no
record of previous imports by the importer; CBP has a
record of the importer's failure to fully pay
antidumping or countervailing duties; or CBP has a
record of the importer's failure to pay antidumping or
countervailing duties in a timely manner.

Sec. 3. Implementation Plan Development. Within 90 days
of the date of this order, the Secretary of Homeland
Security shall, in consultation with the Secretary of
the Treasury, the Secretary of Commerce, and the United
States Trade Representative, develop a plan that would
require covered importers that, based on a risk
assessment conducted by CBP, pose a risk to the revenue
of the United States, to provide security for
antidumping and countervailing duty liability through
bonds and other legal measures, and also would identify
other appropriate enforcement measures. This plan shall
be consistent with the requirements of section 4321 and
section 1623 of title 19, United States Code, and
corresponding regulations.

Sec. 4. Trade and Suspected Customs Law Violations
Enforcement. (a) Within 90 days of the date of this
order, the Secretary of Homeland Security, through the
Commissioner of CBP, shall develop and implement a
strategy and plan for combating violations of United
States trade and customs laws for goods and for
enabling interdiction and disposal, including through
methods other than seizure, of inadmissible merchandise
entering through any mode of transportation, to the
extent authorized by law.

    (b) To ensure the timely and efficient enforcement
of laws protecting Intellectual Property Rights (IPR)
holders from the importation of counterfeit goods, the
Secretary of the Treasury and the Secretary of Homeland
Security shall take all appropriate steps, including
rulemaking if necessary, to ensure that CBP can,
consistent with law, share with rights holders:

(i) any information necessary to determine whether there has been an IPR
infringement or violation; and

(ii) any information regarding merchandise voluntarily abandoned, as
defined in section 127.12 of title 19, Code of Federal Regulations, before
seizure, if the Commissioner of CBP reasonably believes that the successful
importation of the merchandise would have violated United States trade
laws.

Sec. 5. Priority Enforcement. The Attorney General, in
consultation with the Secretary of Homeland Security,
shall develop recommended prosecution practices and
allocate appropriate resources to ensure that Federal
prosecutors accord a high priority to prosecuting
significant offenses related to violations of trade
laws.

Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    March 31, 2017.