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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 Releases New FAQs, Compliance Tools for Traceability Rule for High-Risk Foods
June 29, 2023 |FDA

FDA recently added new frequently asked questions and other information to its website to help industry comply with upcoming requirements of its Food Safety Modernization traceability rule for high-risk foods, the agency said this week. The new FAQs “address questions to help clarify how the rule applies to specific situations and are largely based on questions received” from industry, FDA said. Also included are “commodity risk" scores for a list of “foods and associated commodity-hazard pairs,” new supply chain examples to “illustrate how the rule is applied in different scenarios for different commodities,” and more foreign language translations of compliance tools, FDA said. The compliance date for the final rule, issued in November (see 2211150064), is in January 2026.