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EO 13785Executive OrderTrump 45 · R Quiet signal

Executive Order 13785

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

This executive order directs federal agencies to strengthen collection of unpaid antidumping and countervailing duties on imports, develop risk-based bonding requirements for importers with poor compliance records, enhance enforcement against customs and trade law violations including counterfeit goods, and prioritize prosecution of trade-related offenses. It responds to $2.3 billion in uncollected duties as of 2015.

Federal Register Open PDF 82 FR 16719

Impact dates

  1. Implementation plan for covered importer bonding requirements due

  2. Strategy and plan for combating trade and customs law violations due

Key directives

  • Secretary of Homeland Security to develop bonding plan for covered importers within 90 days, in consultation with Treasury, Commerce, and USTR
  • CBP to conduct risk assessments to identify importers posing revenue risk
  • CBP to develop and implement strategy for combating trade and customs law violations within 90 days
  • Secretary of Treasury and Homeland Security to ensure CBP can share IPR infringement and abandoned merchandise information with rights holders
  • Attorney General to develop recommended prosecution practices and allocate resources for high-priority trade law prosecutions

Who is ordered

Timeline

Immediate

  • EO issuance establishes policy direction on bonding requirements and enforcement priorities

Near term (90d)

  • Development of implementation plan for covered importer bonding (Sec. 3)
  • Development and implementation of strategy for combating trade and customs law violations (Sec. 4(a))

Long term

  • Potential rulemaking to enable CBP information sharing with IPR holders (Sec. 4(b))
  • Development of recommended prosecution practices for trade law violations (Sec. 5)
  • Ongoing enhanced collection of antidumping and countervailing duties

Risks & tensions

  • Bonding requirements may increase costs for importers and potentially disrupt supply chains; unclear how 'risk assessment' criteria will be operationalized
  • Information sharing with IPR holders on abandoned merchandise involves balancing enforcement efficiency against due process and privacy concerns
  • Dependent on appropriations and existing legal authorities, limiting unilateral executive reach
  • May face WTO compliance scrutiny if bonding measures are deemed excessive or discriminatory
Executive Order 13785: Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws · Executive Orders