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 Enforcement Report on Recalls & Field Corrections for May 27

May 28, 2020 |FDA

The Food and Drug Administration issued its weekly Enforcement Report for May 27 that lists the status of recalls and field corrections for food, cosmetics, tobacco products, drugs, biologics and devices. The report covers both domestic and foreign firms.

FDA Postpones Effective Date of New Labeling, Advertising Requirements for Cigarettes

May 28, 2020 |FDA

The Food and Drug Administration is postponing until Oct. 16, 2021, the effective date of a recently issued final rule that sets new required cigarette health warnings for cigarette packages and advertisements. Required by the 2009 Tobacco Control Act, the regulations require that each cigarette package and advertisement bear color graphics depicting the negative health consequences of smoking, as well as new textual warning statements. The final rule specifies the 11 new textual warning label statements and accompanying color graphics. It had been set to take effect June 18, 2021, but a federal court issued an order postponing that date, as well as all related compliance dates, while it considers a lawsuit challenging the new regulations.

New and Revised FDA Import Alerts for May 26

May 27, 2020 |FDA

On May 26 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Extends VQIP Application Deadline to July 31

May 26, 2020 |FDA

The Food and Drug Administration has extended the application period for fiscal year 2021 participation in the Voluntary Qualified Importer Program through July 31, it said on its website. “The application period is being extended because the FDA understands that current travel restrictions and advisories related to the COVID-19 public health emergency have hindered the ability of accredited Certification Bodies (CBs) to conduct onsite regulatory audits and issue certifications to foreign entities, which are required as part of the VQIP application,” FDA said. The application period had been set to end May 31 (see 2002030027). The new deadline will still “allow time for the agency to review applications before the start of the annual benefits period that will begin on October 1, 2020,” FDA said.

New and Revised FDA Import Alerts for May 21

May 22, 2020 |FDA

On May 21 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

New and Revised FDA Import Alerts for May 20

May 21, 2020 |FDA

On May 20 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Enforcement Report on Recalls & Field Corrections for May 20

May 21, 2020 |FDA

The Food and Drug Administration issued its weekly Enforcement Report for May 20 that lists the status of recalls and field corrections for food, cosmetics, tobacco products, drugs, biologics and devices. The report covers both domestic and foreign firms.

New and Revised FDA Import Alerts for May 19

May 20, 2020 |FDA

On May 19 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

New and Revised FDA Import Alerts for May 18

May 19, 2020 |FDA

On May 18 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

New and Revised FDA Import Alerts for May 15

May 18, 2020 |FDA

On May 15 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of: