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 Nov. 25

November 26, 2013 by Brian Feito|FDA

On Nov. 25 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

Other Modified FDA Import Alerts for the Week of Nov.18-25

November 26, 2013 by Brian Feito|FDA

During the week of Nov. 18-25, 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 Import Exams Down in FY 2012, Says Agency Report

November 26, 2013 by Brian Feito|FDA

The Food and Drug Administration physically examined 1.9 percent of food and feed import lines in fiscal year 2012, said the agency in its 2013 Annual Report on Food Facilities, Food Imports, and FDA Foreign Offices. That’s down from 2.3 percent in FY 2011, and 2.1 percent in FY 2010, according to past versions of the report, which is required by the Food Safety Modernization Act. The total number of physically examined food and feed import lines, including through field exams and sampling, stood at 207,839 in FY 2012, well down from a total of 243,400 in FY 2011 and only slightly higher than the FY 2010 total of 206,723, even as the total number of food import lines rose from 9,974,948 in FY 2010 to 11,136,599 in FY 2012. According to FDA, the average cost of physical inspection is about $160 per field exam and about $3,100 per sample analyzed.

New and Revised FDA Import Alerts for Nov. 22

November 25, 2013 by Brian Feito|FDA

On Nov. 22 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 Nov. 21

November 22, 2013 by Brian Feito|FDA

On Nov. 21 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 Nov. 20

November 21, 2013 by Brian Feito|FDA

On Nov. 20 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 Nov. 19

November 20, 2013 by Brian Feito|FDA

On Nov. 19 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 Nov. 18

November 19, 2013 by Brian Feito|FDA

On Nov. 18 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

Other Modified FDA Import Alerts for the Week of Nov. 11-18

November 19, 2013 by Brian Feito|FDA

During the week of Nov. 11-18, 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 Extends Deadline for Comments on FSVP, Third-Party Audit Proposals

November 19, 2013 by Brian Feito|FDA

The Food and Drug Administration is extending until Jan. 27 the due dates for its proposed rules on the Foreign Supplier Verification Program (FSVP) (here) and accreditation of third-party food safety auditors (here). The due date for comments on the two Food Safety Modernization Act (FSMA) proposals was originally Nov. 26, but FDA is giving commenters more time to consider the relationship between the FSVP and third-party auditor rules on one hand (see 13102519), and the agency’s proposal on risk-based preventative controls for animal food on the other (see 13102519).