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 March 1

March 2, 2016 |FDA

On March 1 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. 29

March 1, 2016 |FDA

On Feb. 29 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. 26

February 29, 2016 |FDA

On Feb. 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 Feb. 25

February 26, 2016 |FDA

On Feb. 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 Feb. 24

February 26, 2016 |FDA

The Food and Drug Administration issued its weekly Enforcement Report for Feb. 24 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. 24

February 25, 2016 |FDA

On Feb. 24 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Meeting Scheduled on FSMA Planning, FSVP Rules for Food Importers

February 25, 2016 |FDA

The Food and Drug Administration scheduled a March 21 meeting to discuss import safety regulations and programs, the agency said in a notice (here). Topics will include the Foreign Supplier Verification Program final rule for importers (see 1511130006), the agency said. The agency also plans to discuss "comprehensive planning effort for the next phase of the FDA Food Safety Modernization Act implementation relating to import safety programs, which includes establishing the operational framework for these programs and plans for guidance documents, training, education, and technical assistance," it said. Comments are due March 7 and early registration by March 14 is "strongly recommended," said FDA (here).

New and Revised FDA Import Alerts for Feb. 23

February 24, 2016 |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 Extends Comment Period for Proposed 'Gluten-Free' Recordkeeping Requirements

February 23, 2016 |FDA

The Food and Drug Administration is extending until April 25 the period for comments on proposed requirements for manufacturers of hydrolyzed and fermented foods bearing “gluten-free” claims. FDA’s Nov. 18 proposed rule would require manufacturers keep records that prove their hydrolyzed and fermented foods labeled “gluten-free” comply with certain thresholds, by showing the food or any ingredient is below the limit before fermentation or hydrolysis occurs (see 1511180013). Comments on the proposed rule were originally due Feb. 16.

New and Revised FDA Import Alerts for Feb. 22

February 23, 2016 |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: