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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New and Revised FDA Import Alerts for Jan. 26

January 29, 2018 |FDA

On Jan. 26 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 Jan. 25

January 26, 2018 |FDA

On Jan. 25 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 Jan. 24

January 26, 2018 |FDA

The Food and Drug Administration issued its weekly Enforcement Report for Jan. 24 that lists the status of recalls and field corrections for food, drugs, biologics and devices. The report covers both domestic and foreign firms.

New and Revised FDA Import Alerts for Jan. 24

January 25, 2018 |FDA

On Jan. 24 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 Jan. 22

January 23, 2018 |FDA

On Jan. 22 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Issues Draft Guidance on Compliance With Animal Food Preventive Controls Regs

January 23, 2018 |FDA

The Food and Drug Administration issued a draft guidance document intended to help animal food facilities develop food safety plans to comply with FDA’s Food Safety Modernization Act preventive controls for animal food regulations. The draft guidance includes information on the biological, chemical and physical hazards in the manufacturing, processing, packing and holding of animal food; the components of a food safety plan; and the importance of each component. It also details how to conduct a hazard analysis and develop a food safety plan, and identify and apply preventive controls, as well as how to comply with monitoring, verification and record-keeping requirements under the regulations. Comments on the draft guidance are due July 23, FDA said.

Topics:321 de minimis, Entry Type 86

Dairy Exporters to EU Must Apply for New Electronic List by March 1, FDA Says

January 23, 2018 |FDA

Exporters of dairy products to the European Union must sign up for a new electronic list by March 1 or else lose the ability to ship to the EU, the Food and Drug Administration said in a constituent update. On that date, FDA is fully transitioning to Dairy Listing Module, created in 2016 (see 1607260035), for EU dairy products, it said. Exporter lists for Chile and China have already transitioned to the electronic system, FDA said. “All currently listed firms that have not applied in DLM by” March 1 “will be removed from the EU dairy list and will not be able to obtain the export certificates necessary to ship dairy products to the EU.”

FDA's ITACS Down Due to Emergency Maintenance

January 23, 2018 |FDA

The Food and Drug Administration's Import Trade Auxiliary Communication System is down due to ongoing "emergency maintenance," CBP said in a CSMS message. "If documents or availability information need to be submitted while ITACS is down, they can be submitted to the local FDA office at the port of entry via that office’s preferred alternate communication method."

New and Revised FDA Import Alerts for Jan. 19

January 22, 2018 |FDA

On Jan. 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 Jan. 18

January 19, 2018 |FDA

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