Loper Bright Enterprises v. Raimondo, the Supreme Court eliminated the judicial practice of deferring to federal agencies' interpretations of ambiguous statutes. The decision stands as a watershed moment in administrative law, handing much more power to the judiciary where it is asked to review agency decisions. Trade law is not exempt from the ruling, with judges at the Court of International Trade and Court of Appeals for the Federal Circuit increasingly being asked to interpret the relevant statutes, taking discretion away from the Commerce Department and CBP.  

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Statutory Interpretation

In Loper Bright Enterprises v. Raimondo, the Supreme Court eliminated the judicial practice of deferring to federal agencies' interpretations of ambiguous statutes. The decision stands as a watershed moment in administrative law, handing much more power to the judiciary where it is asked to review agency decisions. Trade law is not exempt from the ruling, with judges at the Court of International Trade and Court of Appeals for the Federal Circuit increasingly being asked to interpret the relevant statutes, taking discretion away from the Commerce Department and CBP.  

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House Rules Committee Smoothes Path for Vote on Russia PNTR, Obama Administration Adds Support
November 14, 2012 by Tim Warren|Congress

The House Rules Committee on Nov. 13 gave its approval for a closed vote on Russia Permanent Normal Trade Relations (PNTR), thus preventing the addition of amendments that could further slow the process. The bill (HR-6156) would repeal the Jackson-Vanik amendment, which limits U.S. trade with communist countries. The bill being considered includes the so-called Magnitsky rule, which calls for repercussions for Russian leaders thought to be involved in the death of a Russian lawyer, Sergei Magnitsky. The Magnitsky language was a sticking point for several lawmakers involved with the PNTR bill. A vote on the legislation is expected this week. Meanwhile, the Office of Management and Budget said the Obama Administration strongly supports the bill. The OMB statement is (here).

Topics:Permanent normal trade relations (PNTR)
House Rules Committee to Hold Hearing on Russia PNTR
November 13, 2012 by Tim Warren|Congress

The House Rules Committee scheduled a Nov. 13 hearing on legislation that would grant Russia Permanent Normal Trade Relations (PNTR). The bill (HR-6156) would repeal the Jackson-Vanik amendment, which limits U.S. trade with communist countries. The bill being considered by the Rules Committee also includes the so-called Magnitsky rule, which calls for repercussions for Russian leaders thought to be involved in the death of a Russian lawyer, Sergei Magnitsky. The Magnitsky language was a sticking point for several lawmakers involved with the PNTR bill.

Topics:Permanent normal trade relations (PNTR)
Business Groups Press Congress, Obama on Russia's PNTR
November 9, 2012 by Mike Feazel|Congress

A coalition of more than 500 trade associations and businesses called the Coalition for U.S.-Russia Trade said Congress should "move quickly" in the lame duck session to approve Permanent Normal Trade Relations (PNTR) with Russia, they said in a letter to Congress. A similar letter to President Barack Obama urged the President to work with Congress on the issue. Coalition members include the National Association of Manufacturers, the National Foreign Trade Council, the Securities Industry and Financial Markets Association, the Information Technology Industry Council and the American Farm Bureau Federation. Since Russia joined the World Trade Organization in August, the coalition said U.S. competitors in Europe, China and elsewhere are happy to "step in and take advantage of meeting Russia's needs not only in infrastructure and modernization of its industrial base, but also the demands of a growing consumer class that is highly educated and appreciates quality." Until Congress passes Russia PNTR, U.S. executives will be relegated to an "observer" status as foreign competitors "snap up contracts that will lock in commercial relationships for years to come," they said.

Topics:Permanent normal trade relations (PNTR)
Trade Lawmakers Largely Unscathed in Election
November 7, 2012 by Tim Warren|Congress

Congressional members heavily involved in international trade matters were largely victorious in the 2012 elections. House Ways and Means Chairman Dave Camp (R-Mich.) and Ranking Member Sander Levin (D-Mich.), both won reelection, as did Senate Finance Committee Ranking Member Orrin Hatch (R-Utah). House Ways and Means Trade Subcommittee Chairman Kevin Brady (R-Texas) and Ranking Member Jim McDermott (D-Wash.) also both won. House Homeland Security Committee Chairman Peter King (R-N.Y.) and Ranking Member Bennie Thompson (D-Miss.) were reelected, as was Rep. Henry Cuellar (D-Texas), Ranking Member House Homeland Security Subcommittee on Border and Maritime Security. Rep. Mike Rogers (R-Ala.), chair of the House Homeland Security Subcommittee on Transportation Security, also won reelection.

Sen. Levin Pushes for Increased CBP Effort Against Counterfeit Auto Parts
October 19, 2012 by Tim Warren|Congress

CBP needs to increase counterfeit interception efforts to help prevent the entrance of fake and faulty auto parts into the U.S., Sen. Carl Levin (D-Mich.) said in an Oct. 18 letter to Department of Homeland Security Secretary Janet Napolitano. "It is estimated that millions of counterfeit auto parts enter the United States every year with only a fraction being intercepted at the border," said Levin.