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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 Announces First Approved Third-Party Certification Body for Food Safety Rules, VQIP
September 5, 2018 |FDA

The first third-party certification body under the Food Safety Modernization Act has been accredited and is available to perform food safety audits and issue food and facility certifications, the Food and Drug Administration announced Sept. 5. Approved by the American National Standards Institute, Perry Johnson Registrars Food Safety, Inc. of Troy, Michigan, will be able to certify under FDA’s produce safety regulations, human food preventive controls regulations, and juice and seafood hazard analysis and critical control point (HACCP) rules, FDA said. Certifications issued by certification bodies accredited through FDA’s Accredited Third Party Certification Program can also be used by importers to establish eligibility for participation in the Voluntary Qualified Importer Program, the agency said.

FDA to Begin Export Certification Program
August 31, 2018 |FDA

The Food and Drug Administration will begin a new export certification program for certain regulated food products starting Oct. 1, the agency said in an Aug. 31 news release. The program is a result of the FDA Food Safety Modernization Act, which added foods to the list of goods the FDA will certify as meeting certain requirements, the agency said. "The FDA’s export certification program for foods is intended to be complementary to export certification for foods currently issued by other U.S. government agencies," it said. "As the FDA launches its new export certification program for foods, the arrangements currently in place for certain food commodities with other U.S. government agencies will remain the same."