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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CBP to Turn Off ACS for Stand-Alone Prior Notice by March 9, Require FSVP Filing May 30

March 1, 2017 |FDA

CBP intends "to shut off [Automated Commercial System] Prior Notice Stand-alone transactions by March 9," the Food and Drug Administration said in a presentation at the March 1 Port of Newark quarterly brokers meeting. Also, the FDA noted that Foreign Supplier Verification Program information must be submitted through ACE starting May 30 for certain food products. A new application program interface for software vendors to incorporate a product code builder into software packages is also in the works, the FDA said. The interface is the result of requests for a product code query meant to help prevent rejections due to invalid codes, it said.

New and Revised FDA Import Alerts for Feb. 27

February 28, 2017 |FDA

On Feb. 27 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 Feb. 24-25

February 27, 2017 |FDA

On Feb. 24-25 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 Feb. 23

February 24, 2017 |FDA

On Feb. 23 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 Feb. 22

February 24, 2017 |FDA

The Food and Drug Administration issued its weekly Enforcement Report for Feb. 22 that lists the status of recalls and field corrections for food, drugs, biologics and devices (here). The report covers both domestic and foreign firms.

New and Revised FDA Import Alerts for Feb. 22

February 23, 2017 |FDA

On Feb. 22 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 Feb. 17

February 21, 2017 |FDA

On Feb. 17 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 Feb. 16

February 17, 2017 |FDA

On Feb. 16 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA to Begin Issuing Electronic Export Certificates

February 17, 2017 |FDA

The Food and Drug Administration will on Feb. 20 begin issuing electronic PDF versions of export certificates for food, it said (here). The electronic certificates of free sale will be issued electronically online to “make the process of issuing COFS more efficient for both exporters and the agency,” it said. The certificates will be issued in the Certificate Application Process (CAP) web-based application (here). The new electronic certificate (here) will also “have a new look,” FDA said. Exporters unable to use the new PDF system may contact FDA for assistance, the agency said.

New and Revised FDA Import Alerts for Feb. 15

February 16, 2017 |FDA

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