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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 Issues September Interstate Certified Shellfish Shippers List
September 17, 2013 by Brian Feito|FDA

The Food and Drug Administration issued the Interstate Certified Shellfish Shippers List (ICSSL) for September. 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.

FDA Plans Update to Low-Acid Canned Food Forms
September 17, 2013 by Brian Feito|FDA

The Food and Drug Administration said it plans to update forms required by processors of Low-Acid Canned Foods. Old FDA Forms 2541a and 2541c will be replaced by four new forms that are specific to different industry manufacturing practices, FDA said. The changes will make It easier for processors to submit information on manufacturing processes to FDA, the agency said. The switch to the new forms won’t happen until FDA has had a chance to request and review comments. Until then, low-acid canned food manufacturers should continue to use the old forms, FDA said.

FDA Sets October Meetings on FSVP and Third-Party Audit Proposals in Miami and Long Beach
September 17, 2013 by Brian Feito|FDA

The Food and Drug Administration announced two more public meetings where the agency will discuss its proposed rules on the Foreign Supplier Verification Program (FSVP) and third-party auditors. FDA will use the meetings to get input from the public and respond to questions about the proposals. The agency already scheduled one meeting in Washington, D.C., Sept. 20-21 (see 13081513). The next meeting will be in Miami Oct. 10-11. After that, a third meeting will be held in Long Beach, Calif. Oct. 22-23, FDA said.