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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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FDA, Mexican Government Sign Agreement to Enhance Food Safety Collaboration
October 5, 2020 |FDA

FDA has signed an agreement to expand its food safety collaboration with its Mexican regulatory counterparts, the agency announced Oct. 5. The “statement of intent” signed by FDA and the Mexican National Service of Agro-Alimentary Public Health Safety and Quality (SENASICA) and Federal Commission for the Protection from Sanitary Risks (COFEPRIS) “embraces the use of new and emerging technologies to strengthen the Participants’ respective technical and predictive capabilities; leverages food safety programs at SENASICA and COFEPRIS and their work with local industry; and further enhances collaborations with other key partners in the United States and Mexico, among others,” FDA said. The statement also says FDA, SENASICA and COFEPRIS intend to expand the scope of their 2014 agreement on produce safety to cover other foods.

FDA to Hold Virtual Public Meeting on Proposed Record Keeping for High-Risk Foods
October 2, 2020 |FDA

FDA will hold three virtual public meetings on its recent proposal to mandate additional traceability records for certain foods deemed high-risk (see 2009220041), the agency said in a notice released Oct. 2. The all-day meetings will be held Nov. 6, Nov. 18 and Dec. 2. At the meetings, FDA will “provide information and facilitate comment so that stakeholders can better evaluate and provide input on the proposed rule,” the agency said. “There will be an opportunity for questions, as well as an opportunity for open public comment.” Advance registration for the meetings is required; information about registering is in the notice. Electronic comments must be submitted on or before Jan. 21, 2021.