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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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New Import Alert Allows FDA to Take Broader Approach on Filth Issues for Imports, Agency Says
March 8, 2022 |FDA

A new import alert recently issued by FDA on imported foods contaminated by filth “provides the agency with a pathway for regulatory action on entries that are violative for filth and not subject to any of the more specific filth related” import alerts, an FDA spokesperson said by email March 8. “Previous alerts were for very specific products and/or countries. In addition to refusing individual shipments, the agency can now apply Detention Without Physical Examination to a broad range of filth related issues,” the spokesperson said.

FDA Creates New Import Alert for Imported Foods Contaminated by Filth
March 7, 2022 |FDA

FDA created a new import alert March 4 for imported foods contaminated with filth. Import Alert 99-46, titled “Detention Without Physical Examination of Imported Human Foods due to Filth,” will apply to specific firms and products adulterated due to filth. “Countrywide Detention Without Physical Examination (DWPE) recommendations due to filth are covered in other applicable import alerts (IA),” FDA said.