International Trade Today is a service of Warren Communications News.
Subscriber Login

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. 

to
Refine Category Search
Clear Terms

Search Primer

Multi-word term: Place inside quotes to ensure an exact match together (e.g. "China import").

Term list: Separate terms with spaces, not commas or semicolons to find either word (e.g. AD/CVD antidumping).

Acronyms: Use all capital letters (e.g., ACE).

Required term: If a term must be included in any resulting articles, prefix it with a plus sign (e.g., CBP +releases).

Excluded term: If a term should be excluded from any articles being found, prefix it with a minus sign (e.g., -ruling).

Singular form: Use the singular form when doing multi-word terms (e.g. "russian export control" instead of "russian export controls").

Shortest word form: When you have different word forms in a quoted term, include the shortest version if it is the last part of the expression (e.g., "entity list" instead of "entity listing" or "entity listed").

Other Modified FDA Import Alerts for the Week of Sept. 7-13
September 15, 2015 |FDA

During the week of Sept. 7-13, 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 Eliminates Export Option for Small Shipments of Illegal Prescription Drugs
September 15, 2015 |FDA

The Food and Drug Administration on Sept. 15 issued a final rule that makes it easier for the agency to destroy small shipments of illegal prescription drugs imported via international mail or express courier (here). The new regulations would allow FDA to destroy drug shipments valued at $2,500 or less that have been refused admission to the U.S., without giving the consignee the option of exporting the drugs. FDA is still required to give notice to the owner or consignee and the opportunity to request a hearing. The final rule takes effect Oct. 15.

FDA Animal Food Rule Similar to Human Food Regs, With Later Compliance Dates, Higher Small Business Bar
September 11, 2015 |FDA

The Food and Drug Administration issued its final rule setting new current good manufacturing practice and preventive controls requirements for animal food (here). Set to be published in the Sept. 17 Federal Register alongside FDA’s final rule on preventive controls for human food (see 1509100021), the final rule sets CGMP requirements and mandates a written preventive controls plan similar to that for human food for animal food facilities require to register with FDA. The new regulations include exemptions, including for small businesses. Importers of animal foods would have to verify their foreign suppliers’ compliance with these CGMP and preventive controls regulations as part of the Foreign Supplier Verification Program.