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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 Issues August Interstate Certified Shellfish Shippers List
August 14, 2014 by Brian Feito|FDA

The Food and Drug Administration issued the Interstate Certified Shellfish Shippers List (ICSSL) for August. The ICSSL is published monthly for the information and use by food control officers, the seafood industry and other interested persons. The shippers listed have been certified by regulatory authorities in the U.S., Canada, Chile, South Korea, Mexico and New Zealand under the uniform sanitation requirements of the National Shellfish Program.

FDA Allows Vitamin D3 as Food Additive in Meal Replacement Beverages
August 11, 2014 by Brian Feito|FDA

The Food and Drug Administration will allow use of vitamin D3 as a food additive in certain meal replacement beverages, it said in a final rule that takes effect Aug. 12. The agency says it will allow Vitamin D3 as a nutrient supplement, subject to limitations on the total amount, in meal replacement beverages that are not intended for special dietary use in reducing or maintaining body weight and for use in foods that are sole sources of nutrition for enteral feedings. Objections and requests for hearings are due Sept. 11.

FDA Threatens Seafood Importer With Import Alert, Seizures
August 8, 2014 by Brian Feito|FDA

A New York seafood importer faces import alert and possible seizures after the Food and Drug Administration found it to be in violation of seafood hazard analysis and critical control point (HACCP) regulations, according to an agency warning letter dated July 22. FDA says it refused admission of an entry imported by H.A.R. Maspeth Corp. after routine sampling detected salmonella. A subsequent inspection found that the company isn’t taking action to ensure the dried squid it imports is processed in accordance with seafood HACCP rules, said FDA. The agency warned H.A.R. Maspeth that if the violations aren’t corrected, the company’s seafood imports may be detained without physical examination or seized. FDA also said it may assess fees to cover the costs of any reinspection to verify compliance.