Trade, tariffs and industry

Executive Order 13785: Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws

President: Donald J. Trump

Directed risk-based bonds for certain importers and stronger customs and intellectual-property enforcement plans.

Status: In effect. Is Executive Order 13785 still in effect? Yes. Executive Order 13785 remains in effect. See Federal Register record.

What does Executive Order 13785 do?

EO 13785 directed Homeland Security, with Treasury, Commerce and the US Trade Representative, to develop within 90 days a plan for risk-based security from importers who might not pay antidumping or countervailing duties. It also directed CBP to plan enforcement against customs violations, improve lawful information sharing with intellectual-property rights holders, and asked Justice to prioritize significant trade-law offenses. The order relied on existing customs authority; it did not itself impose a universal new bond or establish a new criminal offense. The reviewed official records show subsequent regulatory planning, but not a single measure that can be treated as complete implementation of every directive.

Administration position: The order cited unpaid duties as its rationale; actual bond decisions required a CBP risk assessment and governing law.
SignedMarch 31, 2017
Lead agencyHomeland Security / CBP
Plan deadline90 days

Before and after

Before the order

CBP already administered antidumping and countervailing duty collection under customs law.

After the order

The order called for targeted security and enforcement plans under existing law.

Who had to do what

Agency / officeActionTiming / position
DHS with Treasury, Commerce and USTRDevelop risk-based bond plan for covered importersWithin 90 days
CBPDevelop trade and customs enforcement strategyWithin 90 days
JusticePrioritize significant trade-law prosecutionsUnder existing statutes

What happened next

EO 13785 signed.