82 FR 16719 - Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws

Executive Office of the President

Federal Register Volume 82, Issue 64 (April 5, 2017)

[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Presidential Documents]
[Pages 16719-16720]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06967]




                        Presidential Documents 



Federal Register / Vol. 82 , No. 64 / Wednesday, April 5, 2017 / 
Presidential Documents

[[Page 16719]]


                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:

[[Page 16720]]

(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.

[FR Doc. 2017-06967
Filed 4-4-17; 11:15 am]
Billing code 3295-F7-P