Trump Signs Executive Order Addressing AD/CV Duty Collection
President Donald Trump signed two executive orders on trade on March 31, said a White House official. The first requires a country-by-country report on the causes of U.S. trade deficits, according to a report by the Associated Press (here). The report will be due in 90 days. The second executive order will address shortfalls in collections of antidumping and countervailing duties, the AP report said. That order will establish more effective bonding requirements, among other measures, the AP report said. The executive orders were not available as of press time.
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The executive order on duty collectons “operationalizes the new tools Congress put in place in the Customs enforcement bill that we enacted last year,” said House Ways and Means Committee Chairman Kevin Brady, R-Texas, in a statement. “The President’s action will strengthen our ability to hold accountable those cheaters who evade our trade laws and engage in unfair trade practices. His strong leadership on this issue will help level the playing field for American workers,” Brady said. The Trade Facilitation and Trade Enforcement Act of 2015 required that CBP develop a program to adjust bond amounts for importers based on risk assessments (see 1602170074). CBP Executive Assistant Commissioner Brenda Smith was present at a ceremony held the afternoon of March 31 to announce the executive orders (here).
Sen. Sherrod Brown, D-Ohio, called on the Trump administration to ensure the report on trade deficits leads to action on trade enforcement, in a statement issued before the orders were signed. “There’s no question we need to reexamine failed trade agreements of the past as we work to renegotiate better deals for the future. But studies aren’t going to create jobs or boost paychecks in Ohio -- we need action. So the real test will be whether President Trump uses the findings to take bold action to crack down on cheating, like Chinese steel overcapacity, and stop factories from moving overseas,” Brown said. “President Trump made big promises to Ohioans on trade, and I’m ready and willing to work with him to make good on these promises and to hold him accountable if he falls short.”
The United Steelworkers labor union said it “strongly supports” the executive orders in the run-up to their signing (here), but also said the orders will need to be acted on. "Customs should be doing its job and providing the resources to enforce our trade laws,” it said. Action on this issue should not solely focus on collecting federal revenues. The priority of our government here should be fair trade to protect every job,” the labor union said. “Today's announcements have to be followed by serious, continued and comprehensive action."
The Committee to Support U.S. Trade Laws also expressed support for the executive orders, in a statement issued before the orders were signed. The CSUSTL “deeply appreciates the President’s pronounced commitment to strict enforcement of trade remedy laws -- from prompt initiation of new cases to the critical task of collecting remedial duties if the dumping or subsidies continue,” it said. “Customs and Border Protection has been working hard to improve collections but too often finds that the importer of record has ‘gone out of business’ or adopted a new identity, leaving few, if any, assets and inadequate surety bond coverage behind,” CSUSTL President Thomas Sneeringer said. “The Administration is sharply focused on finding new tools and protections to stop these scofflaws from acting with [impunity] and we appreciate it,” he said.