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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 Aug. 24-30
September 1, 2015 |FDA

During the week of Aug. 24-30, 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 Says Pilot Began On Schedule, 'Active' for Drugs in Philadelphia
August 28, 2015 |FDA

The Food and Drug Administration’s pilot test of its partner government agency (PGA) message set in the Automated Commercial Environment began as scheduled on Aug. 19, said an agency spokesman. The pilot, which is currently open to entries of “medical products” at the ports of Philadelphia, Baltimore, and Otay Mesa, has already been “active” in Philadelphia, “where a number of pharmaceutical imports have been admitted into U.S. commerce through the new system,” he said. FDA has said it plans to start its pilot with pharmaceutical products before expanding to entries of medical devices and eventually all other FDA regulated products (see 1504220072). The agency issued a notice soliciting participants for the pilot on Aug. 27 (see 1508260014).