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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 Publishes Small Business Guide on Omega-3 Food Labeling Claims
February 23, 2016 |FDA

The Food and Drug Administration on Feb. 19 announced (here) a new guide (here) to help small businesses comply with regulations that recently took effect on omega-3 fatty acid content claims in food labeling. A FDA final rule issued in 2014 prohibits statements on labels that a food is “high in,” “rich in” or an “excellent source of” the omega-3 fatty acids docosahexaenoic acid (DHA) and eicosapentaenoic acid (EPA), and restricts similar claims for alpha-linolenic acid (ALA) (see 14042829). The final rule took effect Jan. 1, 2016.

FDA Posts List of Valid ACE Unit of Measure Codes
February 23, 2016 |FDA

The Food and Drug Administration recently posted a list of valid unit of measure codes for filings in the Automated Commercial Environment (here) to its ACE/ITDS webpage (here). Use of a code not included on the list will result in an ACE entry rejection, said FDA. Each level of packaging should be declared, and the same code cannot be declared more than once, it said. The list also includes examples for each commodity type.

Topics:Automated Commercial Environment (ACE)
FDA Plans Workshop to Discuss Upcoming Drug Supply Chain Pilots
February 16, 2016 |FDA

The Food and Drug Administration announced a public workshop April 5-6 at FDA headquarters in Silver Spring, Md. to discuss upcoming pilots required under the Drug Supply Chain Security Act. According to the agency’s notice (here), FDA is interested in getting input from drug supply chain members on “issues related to utilizing the product identifier for product tracing, improving the technical capabilities of the supply chain, and identifying the system attributes that are necessary to implement the requirements established” by the 2013 law. Requests to register are due by March 11. Written comments related to the workshop are due April 21.