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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 Threatens Seafood Importers With Refusal of Entry
August 18, 2014 by Brian Feito|FDA

The Food and Drug Administration threatened two seafood importers with import refusal for violations of seafood hazard analysis and critical control point (HACCP) requirements, in two warning letters sent in late July. FDA said New York-based Taiyo Seafood NY ready-to-eat tuna and frozen vacuumed packed tuna Ahi products are adulterated because the company didn’t adequately monitor sanitation at its facility and did not verify that its imported tuna complied with HACCP regulations (here). The agency sent a another letter to Wang Globalnet of Vernon, California, that said the company failed to verify its imported dried anchovy product complied with HACCP rules (here). Wang also failed to renew its registration by the applicable deadline, said FDA. The agency told both companies that it may place affected products on import alert and refuse them entry. FDA also said it may collect fees form each company to cover the cost of any reinspection to verify compliance.

FDA Issues August Interstate Certified Shellfish Shippers List
August 14, 2014 by Brian Feito|FDA

The Food and Drug Administration issued the Interstate Certified Shellfish Shippers List (ICSSL) for August. The ICSSL is published monthly for the information and use by food control officers, the seafood industry and other interested persons. The shippers listed have been certified by regulatory authorities in the U.S., Canada, Chile, South Korea, Mexico and New Zealand under the uniform sanitation requirements of the National Shellfish Program.