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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 March 9-15
March 17, 2015 |FDA

During the week of March 9-15, 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 Plans Less, More Targeted Sampling of Raw Milk Cheese in 2015, Says CIAA
March 11, 2015 |FDA

The Food and Drug Administration intends to cut down on sampling of raw milk cheeses in 2015, but there “could be more targeted samplings, education efforts, and foreign inspections,” according to a bulletin (here) sent out by the Cheese Importers Association of America on March 3 following a meeting with FDA officials. FDA recently resumed its raw milk cheese sampling pilot program, according to the CIAA (see 1501200018). As of Feb. 16, the agency has taken 1,342 samples, of which 1,065 were on imported product, said the cheese industry group. The agency’s goal has been to take 1,600 samples, but FDA “is not planning to take another 1,600 samples in 2015,” said the CIAA.

Other Modified FDA Import Alerts for the Week of March 2-8
March 10, 2015 |FDA

During the week of March 2-8, 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: