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 Threatens Refusal of Entry for Korean Fish Processor

September 12, 2012 by Brian Feito|FDA

The Food and Drug Administration threatened to place Korean fish processor Yangpo Foods Co.’s products on detention without physical examination in a warning letter dated Sept. 5. According to the letter, FDA will refuse entry of the products unless Yangpo corrects its Hazard Analysis and Critical Control Point (HACCP) plan. Yangpo had responded in May to allegations stemming from an FDA on-site investigation, but FDA deemed Yangpo’s revised HACCP plans for canned mackerel and mackerel-pike to be deficient.

New and Revised FDA Import Alerts for Sept. 10

September 11, 2012 by Brian Feito|FDA

On Sept. 10 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

Other Modified FDA Import Alerts for the Week of Sept. 3-9

September 11, 2012 by Brian Feito|FDA

During the week of Sept. 3-9, the Food and Drug Administration modified the following existing Import Alerts (not otherwise listed on the FDA's new and revised import alerts page) on the detention without physical examination and/or surveillance of:

New and Revised FDA Import Alerts for Sept. 7

September 10, 2012 by Brian Feito|FDA

On Sept. 7 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 Sept. 6

September 7, 2012 by Brian Feito|FDA

On Sept. 6 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 Sept. 5

September 7, 2012 by Brian Feito|FDA

The Food and Drug Administration issued its weekly Enforcement Report for Sept. 5 that lists the status of recalls and field corrections for food, drugs, biologics, and devices. The report covers both domestic and foreign firms.

New and Revised FDA Import Alerts for Sept. 5

September 6, 2012 by Brian Feito|FDA

On Sept. 5 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 Sept. 4

September 5, 2012 by Brian Feito|FDA

On Sept. 4 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

Other Modified FDA Import Alerts for the Week of Aug. 27 - Sept. 2

September 5, 2012 by Brian Feito|FDA

During the week of Aug. 27 - Sept. 2, the Food and Drug Administration modified the following existing Import Alerts (not otherwise listed on the FDA's new and revised import alerts page) on the detention without physical examination and/or surveillance of:

FDA Threatens Penalties, Refusal of Admission for 2 Foreign Cigarette Distributors

September 5, 2012 by Brian Feito|FDA

The Food and Drug Administration sent warning letters to two persons that offer cigarette products for sale to consumers in the U.S., alleging the products are adulterated. In a letter sent to Madeleine Rausis of Switzerland on Aug. 23 (here), FDA alleged the websites http://www.smoke-cigs.com and http://www.tobacco4you.com offer cigarettes for sale in the U.S. that are marketed as “light,” “mild,” or “low,” and so are adulterated “modified risk tobacco products.” The websites also offered cigarettes that FDA considers to be adulterated because they contain an artificial or natural flavor that is a characterizing flavor of the products. FDA also sent a warning letter to Andy Winata of Indonesia Aug. 20 (here), affiliated with the websites http://www.kretekindonesia.com, http://www.inacigarette.com, and http://www.inacigar.com, alleging the offering for sale in the U.S. of “modified tobacco risk products” and clove cigarettes, which FDA considers to be flavored.