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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 Updates Internal Guidance on Acceptable Seafood Names
July 13, 2020 |FDA

The FDA released an update to its compliance policy guide for agency staff on use of the Seafood List to determine acceptable names for domestic and imported seafood. “When an acceptable name is provided in The Seafood List and the name used on the seafood product labeling is not an acceptable name provided in The Seafood List, the labeling may be misleading. In these situations, FDA will consider the circumstances in determining whether the seafood product is misbranded,” FDA said. “When an acceptable name for a seafood species is not provided in The Seafood List, FDA will consider the circumstances of the situation to determine whether the seafood product is misbranded,” it said.

FDA Releases Updated List of EUAs Issued During COVID-19 Pandemic
July 13, 2020 |FDA

The FDA released an updated list of Emergency Use Authorizations (EUAs) it has issued for medical devices as a result of the COVID-19 pandemic. “These Authorizations contain, among other things, conditions on the emergency use of the authorized products,” the agency said. The EUAs follow from FDA’s determination that, due to the pandemic, “circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of the virus that causes COVID-19, personal respiratory protective devices, and medical devices, including alternative products used as medical devices,” it said.