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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 Posts Update on Sampling Program for Avocados, Fresh Herbs
February 23, 2018 |FDA

The Food and Drug Administration on Feb. 23 posted an update on its 2017-18 microbiological sampling program on processed avocados and guacamole and fresh herbs, including cilantro, basil and parsley. FDA announced the program in August, intending to collect 1,600 samples of each product. As of Jan. 1, FDA had collected 4.6% of its intended total of domestic samples of fresh herbs and 12.4% of its eventual number of import samples. None of the domestic samples had bacterial contamination, but FDA said four import samples of fresh herbs tested positive for salmonella and E. coli. For processed avocados and guacamole, on the other hand, three domestic samples tested positive for Listeria, while only one did from the import samples, with EPA having tested 6% to 7% of its eventual total samples for each. “It is important to note that no conclusions about overall contamination rates can be made until all of the data are collected, validated and analyzed,” FDA said. “The assignments are anticipated to last 18 months. The agency will post results on a quarterly basis and also post a comprehensive report once sampling and analysis is complete,” it said.

FDA Finds Salmonella More Prevalent in Imported Spices
February 21, 2018 |FDA

A recent Food and Drug Administration study found certain imported spices have a significantly higher prevalence of salmonella than those same spices when sold at retail, FDA said in a Feb. 15 constituent update. As part of an update to a 2013 risk profile on pathogens and filth in spices, FDA “collected data on the presence of Salmonella in 11 types of packaged, dried spices offered for retail sale to consumers. Except for dehydrated garlic and basil, Salmonella prevalence was significantly lower in retail samples than estimated prevalence for shipments of imported spice offered for entry to the U.S.,” FDA said. “The findings are consistent with public comments from the domestic food industry that responsible manufacturers apply a pathogen reduction treatment to many spices after entering the U.S., prior to retail sale.”