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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 Recommends New Maximum for Fluoride in Imported Bottled Water
April 29, 2015 |FDA

The Food and Drug Administration is recommending that importers and manufacturers of bottled water do not add fluoride at concentrations greater than 0.7 mg per liter, in a letter to industry dated April 27 (here). The agency recommendation does not affect the current allowable maximum of 0.8 mg of fluoride per liter in imported bottled water set in FDA’s performance standard for bottled water at 21 CFR 165, it said.

Other Modified FDA Import Alerts for the Week of April 20-26
April 28, 2015 |FDA

During the week of April 20-26, 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 Facing Importer Outreach Challenge With FSVP Compliance Two Years Away
April 24, 2015 by Brian Feito|FDA

With deadlines for regulations implementing the Food Safety Modernization Act fast approaching and importer compliance with the Foreign Supplier Verification Program required in about two years, the Food and Drug Administration is faced with the increasingly imminent challenge of getting the word out to importers and foreign suppliers tasked with new responsibilities, said FDA officials at a meeting on FSMA implementation on April 23 in Washington, D.C.