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.

Date Range:

Author:

Topic:

Refine Category Search

Clear Terms

Search Primer

Multi-word term: Place inside quotes to ensure an exact match together (e.g. "China import").

Term list: Separate terms with spaces, not commas or semicolons to find either word (e.g. AD/CVD antidumping).

Acronyms: Use all capital letters (e.g., ACE).

Required term: If a term must be included in any resulting articles, prefix it with a plus sign (e.g., CBP +releases).

Excluded term: If a term should be excluded from any articles being found, prefix it with a minus sign (e.g., -ruling).

Singular form: Use the singular form when doing multi-word terms (e.g. "russian export control" instead of "russian export controls").

Shortest word form: When you have different word forms in a quoted term, include the shortest version if it is the last part of the expression (e.g., "entity list" instead of "entity listing" or "entity listed").

Other Modified FDA Import Alerts for the Week of July 15-22

July 23, 2013 by Brian Feito|FDA

During the week of July 15-22, 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:

New and Revised FDA Import Alerts for July 19

July 22, 2013 by Brian Feito|FDA

On July 19 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Agenda Says FSVP Proposal Coming July 2013, But Rule Still Under OMB Review

July 22, 2013 by Brian Feito|FDA

The Food and Drug Administration published its tentative schedule for upcoming rulemakings, as part of the Spring 2013 Unified Agenda. According to the plan, proposed rules on the Foreign Supplier Verification Program and third-party food safety auditor accreditation, required by the Food Safety Modernization Act, are to be published in July 2013. As of July 22, both proposed rules are still under Office of Management and Budget Review.

New and Revised FDA Import Alerts for July 18

July 19, 2013 by Brian Feito|FDA

On July 18 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 July 17

July 19, 2013 by Brian Feito|FDA

The Food and Drug Administration issued its weekly Enforcement Report for July 17 that lists the status of recalls and field corrections for food, drugs, biologics, and devices. The report covers both domestic and foreign firms.

FDA Posts Draft Guidance on Examples of Illegal Delay, Denial and Limiting of Drug Facility Inspectors

July 19, 2013 by Brian Feito|FDA

The Food and Drug Administration posted its draft guidance on circumstances that constitute delaying, denying, limiting, or refusing a drug facility inspection, as required be Food and Drug Administration Safety Improvement Act (FDASIA). Under the 2012 law, FDA can seek criminal penalties for delaying, limiting, or refusing drug facility inspections, and can deem the associated product adulterated in such instances.

New and Revised FDA Import Alerts for July 17

July 18, 2013 by Brian Feito|FDA

On July 17 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 July 16

July 17, 2013 by Brian Feito|FDA

On July 16 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

FDA Will Charge Reinspection Fees, May Block Imports from Dominican Republic Acidified Food Facility

July 17, 2013 by Brian Feito|FDA

The Food and Drug Administration may block imports from Dominican Republic-based Sabila SRL because of violations of acidified foods and current good manufacturing practice regulations, it said in a July 1 warning letter sent to the company. An FDA inspection in December 2012 found the problems, which include deficient records, poor pest control, and insufficient plumbing, the warning letter said. Because the issues are materially related to food safety, FDA will charge reinspection fees when it goes back to see if the problems have been fixed. The warning letter said the firm should consider informing its U.S. agent of the potential fee liability.

New and Revised FDA Import Alerts for July 15

July 16, 2013 by Brian Feito|FDA

On July 15 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of: