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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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Other Modified FDA Import Alerts for the Week of Oct. 12-18
October 20, 2015 |FDA

During the week of Oct. 12-18, 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 Allows More Time for Comments on Nutrition Facts Label Changes
October 20, 2015 |FDA

The Food and Drug Administration will allow a few more days for comments on its proposed changes to nutrition facts labels, after technical difficulties on the regulations.gov website prevented submission of comments on the original due date of Oct. 13, said FDA (here). The proposals would modify the information required and format of nutrition facts labels, and add new recordkeeping requirements for manufacturers (see 14022713 and 1507270075). Comments are now due Oct. 23.

Other Modified FDA Import Alerts for the Week of Oct. 5-11
October 14, 2015 |FDA

During the week of Oct. 5-11, 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: