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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 Jan. 26 - Feb. 1
February 3, 2015 |FDA

During the week of Jan. 26 - Feb. 1, 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 Adds Guidance Search Tool to Website
January 20, 2015 |FDA

The Food and Drug Administration has added a new guidance search feature to its website, it said in a constituent update dated Jan. 16 (here). With the new tool (here), users can search FDA guidance documents by key word, and limit search results by product, date issued, issuing organization (i.e., FDA product center), subject, and whether the guidance is in draft form or final. The tool also allows searches by document type, including agency manuals, bulletins, compliance policy guides, industry letters, and import alerts, although the import alert search did not return any results as of press time.