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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Baucus to Discuss EU FTA During Trip to Europe
October 9, 2012 by Tim Warren|Congress

Senate Finance Committee Chairman Max Baucus (D-Mont.) will push for new export opportunities for U.S. businesses and discuss a potential U.S.-EU free trade agreement (FTA), his office said in a press release. Baucus is in Europe for a series of high-level meetings with leaders regarding the eurozone’s ongoing fiscal crisis and its potential impact on the United States and the entire global economy, it said.

NFTC Gives Congress Largely Positive Grades on Trade Legislation
October 9, 2012 by Tim Warren|Congress

The National Foreign Trade Council (NFTC) and USA*Engage gave Congress overall positive scores in a new interim report card on trade issues. Some 64 percent of Senators and 43 percent of Representatives received an A or B for "enacting trade legislation critical to U.S. economic growth and job creation," they said. Most legislative movement had to do with pending free trade agreements or reauthorization of existing programs, rather than new major trade initiatives, according to their report. A final report will be released at the end this Congress.

Topics:Permanent normal trade relations (PNTR)
House Committee Urges Government, Businesses to Not Buy From Chinese Telecom Vendors
October 9, 2012 by Mike Feazel|Congress

A House Intelligence Committee report on Chinese telecom equipment makers Huawei and ZTE "strongly" recommended that U.S. companies consider seeking other vendors, saying there were long-term security risks associated with doing business with the companies. Committee leaders said in the report, released Oct. 8, that Huawei and ZTE failed to provide sufficient information over the course of the committee's yearlong investigation to assuage concerns that the Chinese government could influence the companies to use their equipment to spy or launch cyber attacks on U.S. entities.

Rep. Michaud Requests Info on Canadian Paper Financial Aid
September 27, 2012 by Tim Warren|Congress

U.S. Trade Representative Ron Kirk should review the details of the financial package offered by the provincial government of Nova Scotia to a paper mill in Port Hawkesbury for possible trade agreement violations, said Rep. Mike Michaud (D-Maine) in a Sept. 26 letter to the USTR. Michaud asked Kirk to obtain complete information about the province’s rescue package and to determine whether it is consistent with Canada’s NAFTA and WTO commitments.