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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New and Revised FDA Import Alerts for Aug. 25

August 26, 2015 |FDA

On Aug. 25 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

Other Modified FDA Import Alerts for the Week of Aug. 17-23

August 25, 2015 |FDA

During the week of Aug. 17-23, 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:

New and Revised FDA Import Alerts for Aug. 21-24

August 25, 2015 |FDA

On Aug. 21-24 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

New and Revised FDA Import Alerts for Aug. 20

August 21, 2015 |FDA

On Aug. 20 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Enforcement Report on Recalls & Field Corrections for Aug. 19

August 21, 2015 |FDA

The Food and Drug Administration issued its weekly Enforcement Report for Aug. 19 that lists the status of recalls and field corrections for food, drugs, biologics, and devices (here). The report covers both domestic and foreign firms.

New and Revised FDA Import Alerts for Aug. 19

August 20, 2015 |FDA

On Aug. 19 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Threatens Brazil Chocolate Exporter With Import Alert for Labeling Violations

August 20, 2015 |FDA

The Food and Drug Administration recently warned a Brazilian chocolate exporter that one of its products may be refused at the border due to labeling issues (here). In a warning letter dated Aug. 3, FDA told Chocolates Garoto that it may place its Talento brand White Chocolate with Crunchy Cereals and Raisins product on detention without physical examination for failing to list the major allergen wheat as an ingredient, among other things.

New and Revised FDA Import Alerts for Aug. 18

August 19, 2015 |FDA

On Aug. 18 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

New and Revised FDA Import Alerts for Aug. 17

August 18, 2015 |FDA

On Aug. 17 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA to Increase Fee for Copies of Medical Device Export Certificates

August 18, 2015 |FDA

The Food and Drug Administration is increasing fees it charges for issuing copies of export certificates for medical devices (here). Since 2003, the agency has charged $175 for new export certificates, which state in writing that a given product meets certain specified requirements, and $15 for all subsequent export certificates issued for the same product. Effective Sept. 1, FDA is now increasing the fee for subsequent certificates to $85.