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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 Sets Fees for Import and Facility Reinspections for FY21; Invoices Remain on Hold
July 31, 2020 |FDA

FDA set potential fiscal year 2021 fees for import reinspections, domestic and foreign facility reinspections, and recall activities the agency performs if a firm fails to comply with a mandatory recall order, though it still isn't invoicing for services associated with the fees, it said in a notice released July 31. The agency set FY21 fees of $263/hour for domestic services involving travel and $310/hour if foreign travel is required.

FDA Proposes to Require PGA Message Set Filing in ACE for Veterinary Devices
July 31, 2020 |FDA

FDA is proposing changes to its regulations that would require electronic filing in ACE of partner government agency (PGA) data for veterinary devices. The agency’s proposed rule would require filers of entries of veterinary devices to transmit the (1) FDA Country of Production; (2) complete FDA Product Code; (3) full intended use code; (4) and telephone number and email address of the importer of record. “These data elements are currently required to be submitted for the electronic filing of entries containing food contact substances, drugs, biological products, [human cells, tissues or cellular- or tissue-based products (HCT/Ps)], medical devices for human use, radiation-emitting electronic products, cosmetics, and tobacco products,” FDA said. Comments are due Oct. 18.

FDA Sets VQIP Trusted Trader Program Fee for FY21
July 30, 2020 |FDA

FDA will set the fiscal year 2021 fee for its Voluntary Qualified Import Program at $17,000, it said in a notice. The fee, which is up from $16,681 last year, is required from food importers to begin participation in the VQIP trusted trader program for the period beginning Oct. 1, 2020, FDA said. The fee will remain in effect through Sept. 30, 2021, it said. FDA has only approved one participant for VQIP's FY20 program period, and experts have said the program's high cost, coupled with unclear benefits, are behind the lack of concrete interest among food importers (see 2004100055).