U.S. Customs and Border Protection will begin to implement “Establishing Enhanced Collection and Enforcement of Antidumping and Countervailing Duties and Violations of Trade and Customs Laws.” The Executive Order, signed on March 31, 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 men and women of CBP are committed to enforcing the trade laws of the United States to defend the economic competitiveness of domestic industries against unfair trade practices and dangerous counterfeits that could harm consumers,” said Acting Commissioner Kevin K. McAleenan. “This Executive Order gives CBP and our partners at U.S. Immigration and Customs Enforcement important and powerful new tools to further level the playing field for critical U.S. industries.”

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.

For more information about compliance notifications from CBP, check out our blog: Beware of Customs Bearing Gifts: Informed Compliance Letters!