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 April 2

April 3, 2015 |FDA

On April 2 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 April 1

April 3, 2015 |FDA

The Food and Drug Administration issued its weekly Enforcement Report for April 1 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 April 1

April 2, 2015 |FDA

On April 1 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 March 31

April 1, 2015 |FDA

On March 31 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Announces Plans for Development of Animal Food Ingredient Standards

April 1, 2015 |FDA

The Food and Drug Administration on March 27 set out its plans (here) to establish standards and definitions for animal food ingredients, as required by the Food and Drug Administration Amendments Act of 2007. The agency’s Center for Veterinary Medicine will review the Association of American Feed Control Officials’ ingredients list, and publish a proposal to adopt the AAFCO standards and definitions as agency rules for any ingredients that are generally recognized as safe (GRAS) or that are approved additives, said FDA. The agency will then review the remaining ingredients on the AAFCO list and make GRAS or additive approval determinations accordingly, it said. If FDA doesn’t find that an animal food ingredient is GRAS or an allowed food additive during the review, manufacturers will have to request approval by submitting a food additive petition in order to continue legally using the ingredient, said the agency.

Other Modified FDA Import Alerts for the Week of March 23-29

March 31, 2015 |FDA

During the week of March 23-29, 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 March 30

March 31, 2015 |FDA

On March 30 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Debars Texas Man From Importing After Honey Smuggling Conviction

March 31, 2015 |FDA

The Food and Drug Administration issued an order barring a honey broker from importing food into the U.S. for four years, following the Texas man’s conviction for smuggling transshipped Chinese honey (here). Jun Yang owned and ran National Honey, Inc., which did business as National Commodities Company, acting as the middleman between foreign honey suppliers and U.S. customers. He was sentenced to three years in prison in 2013 for falsely declaring honey he sourced from China was actually imported from Malaysia and India in an effort to evade antidumping duties (see 13111809).

New and Revised FDA Import Alerts for March 27

March 30, 2015 |FDA

On March 27 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 March 26

March 27, 2015 |FDA

On March 26 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of: