Executive Order 13785-Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws
Issued 2017-03-31 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive order directs federal agencies to develop stronger methods for collecting duties that importers owe when they bring foreign goods into the United States. According to the order, as of May 2015, $2.3 billion in antidumping and countervailing duties remained uncollected from importers, many of whom lack assets in the United States. The order instructs the Secretary of Homeland Security to create a plan requiring certain importers who pose a revenue risk to provide bonds or other security to guarantee payment of these duties.
The order affects importers who have a history of failing to pay antidumping or countervailing duties fully or on time. It also directs agencies to develop strategies for combating violations of trade and customs laws more broadly, including improving methods for stopping counterfeit goods at the border. Additionally, it calls for Customs and Border Protection to share information about abandoned counterfeit merchandise with trademark and copyright holders, and asks the Attorney General to make prosecuting significant trade law violations a high priority.
This action matters because it aims to address what the order describes as unfair competition facing U.S. employers when foreign importers evade trade duties, while also seeking to collect revenue legally owed to the federal government. The order works within existing statutory authority by directing agencies to develop implementation plans consistent with current trade law provisions.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13785 ("Executive Order 13785-Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws") restructures or establishes federal entities. The stated purpose: "promote the efficient and effective administration of United States trade laws, it is hereby ordered as follows: Section 1." The President has authority to manage the executive branch under Article II, including creating task forces, councils, and working groups within the White House. However, creating independent agencies with binding regulatory authority, or fundamentally restructuring congressionally created departments, typically requires legislative authorization.
The Reorganization Act historically provided a framework for executive reorganization subject to congressional review. Current reorganization authority is more limited. The constitutionality depends on whether this order creates White House advisory bodies (acceptable) or attempts to restructure agencies in ways that conflict with their enabling statutes (questionable).
Official Summary
Administration of Donald J. Trump, 2017 Executive Order 13785—Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws March 31, 2017 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