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EAPA Litigation

Under the Enforce and Protect Act, CBP investigates whether a company is evading particular antidumping and countervailing duty orders. Litigation on determinations made under the relatively new statute have centered on due process protections for respondents, CBP's evidentiary basis for its decisions and the interplay of decisions made on the scope of the applicable AD/CVD orders from both CBP and the Commerce Department. The Court of Appeals for the Federal Circuit issued a key decision for all EAPA cases in Royal Brush Manufacturing v. United States, when it found CBP to have violated a respondent's due process protections by failing to provide it with access to the business proprietary information used in the proceeding. 

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New and Revised FDA Import Alerts for Dec. 10
December 11, 2025 |FDA

On Dec. 10, the FDA posted new and revised versions of the following Import Alerts (after not having posted new ones for a number of days) on the detention without physical examination of:

New and Revised FDA Import Alerts for Dec. 8
December 9, 2025 |FDA

On Dec. 8, the FDA posted new and revised versions of the following Import Alerts (after not having posted new ones for a number of days) on the detention without physical examination of:

FDA Releases Final Guidance on Promotional Labeling for Prescription Biological Reference Products
December 9, 2025 |FDA

The FDA says final guidance for the industry is available on promotional labeling and advertising considerations for prescription biological reference products, biosimilar products, and interchangeable biosimilar products, according to a Federal Register notice. The guidance addresses questions that manufacturers, packers, distributors and their representatives may have when developing FDA-regulated promotional labeling and advertisements for prescription reference products, biosimilar products, and interchangeable biosimilar products licensed under the Public Health Service Act, the FDA said.

FDA to Maintain Collection of Traceability Records
December 8, 2025 |FDA

The FDA is informing the Office of Management and Budget that it intends to continue to collect information related to the agency's efforts to maintain traceability records for certain foods. The FDA Food Safety Modernization Act requires the FDA to establish additional recordkeeping requirements for facilities that manufacture, process, pack or hold foods that the agency designates as high-risk to facilitate the rapid and effective traceability of such foods. The foods are on the Food Traceability List on the FDA's website.

New and Revised FDA Import Alerts for Dec. 4
December 5, 2025 |FDA

On Dec. 4, the FDA posted new and revised versions of the following Import Alerts (after not having posted new ones for a number of days) on the detention without physical examination of: