CBP to Implement Executive Order: Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws

U.S. Customs and Border Protection has announced that it will begin to implement the Executive Order “Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws.” The Executive Order, March 31st, promotes the efficient and effective administration of U.S. customs and trade laws by establishing enhanced measures to collect duties and a heightened enforcement posture for trade violations that threaten the safety and economic security of the United States.

The Executive Order authorizes the Secretary of Homeland Security, through the Commissioner of CBP to:

• Develop implementation plans within 90 days to require importers who CBP has determined pose a risk to the revenue of the United States to provide security for antidumping and countervailing-duty liability through bonds;

• Develop and implement a strategy and plan for enabling interdiction and disposal of inadmissible goods, including through methods other than seizure.

Additionally, the Executive Order enhances CBP’s authorization to share with rights holders information to determine Intellectual Property Rights infringements or violations, and information regarding merchandise voluntarily abandoned that violates trade laws. The Order also directs the Attorney General to develop prosecution practices and allocate resources to treat significant trade law violations as a high priority.

CBP will lead the Department of Homeland Security’s efforts to implement the provisions set forth in the Executive Order, in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Representative.

The Executive Order aligns with CBP’s operational approach to enhance U.S. economic competitiveness and security by combating U.S. trade violations through detection, determent and disruption of illicit trade practices.

On a typical day, CBP screens more than 74,000 truck, rail, and sea cargo containers at 328 U.S. ports of entry—with imported goods worth approximately $6.3 billion. In Fiscal Year 2016, CBP seized more than 31,500 of counterfeit shipments and collected more $40 billion in duties, taxes, and fees, making CBP the U.S. government’s second largest source of revenue.

For additional information on the Executive Order, visit www.dhs.gov/executiveorders.