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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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EPA Withdraws SNURs for 26 Chemicals
December 3, 2018 |FDA

The Environmental Protection Agency withdrawing significant new use rules issued for 26 chemical substances in August, after receiving comments opposing the SNURs in response to a direct final rule (see 1810020014). The agency will now consider the SNURs under a concurrently issued proposed rule, and “will address all adverse public comments in a subsequent final rule, based on the proposed rule.” The SNURs had been set to take effect Dec. 3.