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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 Updates Guidance on Food Facility Registration
November 18, 2014 |FDA

The Food and Drug Administration posted the latest version of its guidance on registration of domestic and foreign food facilities. In the sixth edition of its “Questions and Answers Regarding Food Facility Registration” (here), FDA provided information on how it will treat farms that only pack or hold food produced by another farm under different ownership, in light of an ongoing rulemaking that would exempt such farms from registration requirements. FDA said it “does not intend to prioritizing the registration requirement” under these circumstances.

FDA Issues November Interstate Certified Shellfish Shippers List
November 12, 2014 |FDA

The Food and Drug Administration issued the Interstate Certified Shellfish Shippers List (ICSSL) for November (here). 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, South Korea, Mexico and New Zealand under the uniform sanitation requirements of the National Shellfish Program.

Yale Professor to Take Over as Director of FDA Food Office
November 12, 2014 |FDA

Susan Mayne will take over in January 2015 as director of the Food and Drug Administration’s Center for Drug Evaluation for Research, said FDA in a constituent update (here). Mayne will replace Michael Landa, who has led the center since 2010. Mayne is currently chair of the Department of Chronic Disease Epidemiology at the Yale School of Public Health.