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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FDA Issues Draft Guidance on Reconditioning Fish, Fishery Products by Segregation
September 16, 2019 |FDA

The Food and Drug Administration issued a draft guidance document Sept. 16 outlining agency policies on reconditioning adulterated fish and fishery products by segregation. For imported and domestic fish that have found to be adulterated, the owner of the fish may segregate the adulterated portion of a shipment based on a “production-related rationale” based on production records. If the root cause has not been identified and the adulterated portion can’t be segregated based on production records, then a more burdensome segregation by means of sampling and testing is also available, FDA said.

FDA Announces Accreditation of New Food Safety Certification Body
September 16, 2019 |FDA

The Food and Drug Administration announced that Global Standards S.C. has been named an accredited certification body for the purposes of the agency’s food safety programs. Accredited by the American National Standards Institute, Global Standards will now be able to certify compliance with FDA regulations on produce safety, preventive controls for human food, and hazard analysis and critical control point (HACCP) requirements for juice and seafood. “Certifications issued through this program can be used by importers to establish eligibility for participation in the Voluntary Qualified Importer Program (VQIP), which offers expedited review of food entering the U.S.,” FDA said. “In some cases, this certification may be required by the FDA for foods offered for import to the U.S.”

FDA Launches New FEI Number Search Portal
September 13, 2019 |FDA

The Food and Drug Administration on Sept. 13 debuted a new FDA Establishment Identifier (FEI) Portal, allowing importers to obtain an entity’s FEI for transmission on an entry, CBP said in a CSMS message. The FEI Portal “assists users in identifying FEI numbers associated with a specific address or identifying a specific address associated with an FEI number for a firm already in FDA’s firm inventory,” CBP said. Users may search either by FEI number or by a firm’s name and address.