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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Other Modified FDA Import Alerts for the Week of Oct. 29 - Nov. 4

November 6, 2012 by Brian Feito|FDA

During the week of Oct. 29 - Nov. 4, 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 Nov. 2

November 5, 2012 by Brian Feito|FDA

On Nov. 2 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. 1

November 2, 2012 by Brian Feito|FDA

On Nov. 1 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 Oct. 31

November 2, 2012 by Brian Feito|FDA

The Food and Drug Administration issued its weekly Enforcement Report for Oct. 31 that lists the status of recalls and field corrections for food, drugs, biologics, and devices. The report covers both domestic and foreign firms.

New and Revised FDA Import Alerts for Oct. 31

November 1, 2012 by Brian Feito|FDA

On Oct. 31 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:

GAO Faults FDA Third-Party Certification Plans for VQIP, says FDA Should Assess Foreign Food Sectors

November 1, 2012 by Brian Feito|FDA

FDA plans for third-party certification, which serves as a key component of the Voluntary Qualified Importer Program, faces numerous challenges, the Government Accountability Office said in a report released Oct. 31. The report, “FDA Can Better Oversee Food Imports by Assessing and Leveraging Other Countries’ Oversight Resources,” recommended instead adapting FDA’s comparability assessment tool, currently in development, to determine whether exported food products are safe for domestic consumption. FDA disagreed with GAO’s conclusions.

FDA Threatens Polish Fish Processor w/ Import Refusal for HACCP Violations

October 31, 2012 by Brian Feito|FDA

The Food and Drug Administration (FDA) threatened to place Polish fish processor Superfish S.A.’s marinated (pickled) and salted herring products on import alert for inadequate Seafood Hazard Analysis and Critical Control Points (HACCP) plans, it said in a warning letter dated Oct. 16. Various stages of Superfish’s production process do not include critical control points, critical limits, monitoring procedures, and corrective action plans, FDA said. FDA told the company to respond within 15 days or receipt of the warning letter with actions taken to correct the deficiencies. Superfish’s products may be subject to refusal of admission into the U.S. if Superfish fails to respond adequately, FDA said.

New and Revised FDA Import Alerts for Oct. 29

October 30, 2012 by Brian Feito|FDA

On Oct. 29 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 Oct. 26-28

October 29, 2012 by Brian Feito|FDA

On Oct. 26-28 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 Oct. 25

October 26, 2012 by Brian Feito|FDA

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