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 Oct. 31

November 3, 2014 |FDA

On Oct. 31 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 Oct. 30

October 31, 2014 |FDA

On Oct. 30 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 Oct. 29

October 31, 2014 |FDA

The Food and Drug Administration issued its weekly Enforcement Report for Oct. 29 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 Oct. 29

October 30, 2014 |FDA

On Oct. 29 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 Oct. 28

October 29, 2014 |FDA

On Oct. 28 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 Oct. 27

October 28, 2014 |FDA

On Oct. 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 Oct. 24

October 27, 2014 |FDA

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

FDA Sampling Finds Seafood Labeling Issues for Imported Snapper, Grouper

October 27, 2014 |FDA

Importers and wholesale distributors of cod- and catfish-related fish are generally labeling it as the correct species, but labeling issues persist for grouper and snapper, according to the results of recent DNA testing by the Food and Drug Administration (here). Of the cod and haddock sampled by FDA, 100% passed inspection. The same went for catfish and swai in the U.S. distribution chain, said FDA. But 11% of grouper samples and 37% of snapper samples collected by FDA between April 2012 and September 2013 were mislabeled, said the agency.

FDA Announces Learning Tool on Seafood Labeling

October 27, 2014 |FDA

The Food and Drug Administration announced a new online learning module to help industry properly label seafood products, in a constituent update to the food industry sent Oct. 24 (here). The series of videos (here) on FDA’s website include an overview of federal identity labeling requirements; a list of laws, regulations and guidance documents on seafood labeling, a description; a description of FDA’s role in ensuring the proper labeling of seafood; and tips for identifying mislabeled seafood. “The FDA encourages anyone involved in the processing, distribution, sale, or regulation of seafood sold in the U.S to use the module to help ensure the proper labeling of the seafood products for which they are responsible,” it said.

New and Revised FDA Import Alerts for Oct. 23

October 24, 2014 |FDA

On Oct. 23 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of: