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.  

">
Trade Law Daily is a service of Warren Communications News.
Subscriber Login

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.  

to
Refine Category Search
Clear Terms

Search Primer

Term list: Separate terms with spaces, not commas or semicolons.

Multi-word term: Place inside quotes to ensure an exact match (e.g. "China import").

Acronyms: Use all capital letters to ensure the search is not looking for that letter sequence instead.

Required term: If a term must be included in any resulting articles, prefix it with a plus sign (e.g., +CBP).

Excluded term: If a term should be excluded from any articles being found, prefix it with a minus sign (e.g., -ruling).

Singular form: Always use the singular form when doing multi-word terms (e.g. "russian export control" instead of "russian export controls").

Shortest word form: When you have different word forms in a quoted (multi-word) term, you want to only include the shortest version if it is the last part of the expression (e.g., "entity list" instead of "entity listing" or "entity listed").

Hill Leaders, BSA Press for Eliminating Information Technology Trade Barriers
August 2, 2012 by Mike Feazel|Congress

Now is the time to tackle international obstacles to the free flow of information technology, said House Ways and Means Trade Subcommittee Chairman Kevin Brady, R-Texas, at a briefing on trade barriers Aug. 1. "If we don''t tackle these [barriers] before they're embedded," he said, "we're going to have problems" attempting to deal with them later. "This report is exactly what we're looking for" to find solutions, he said of a recent report by the Business Software Alliance, which hosted the briefing.

Rep. Markey Seeks Revision of Tar Sands Import Tax Regulations
August 1, 2012 by Tim Warren|Congress

Rep. Ed Markey (D-Mass.) asked Treasury Secretary Tim Geithner in a July 31 letter to review an Internal Revenue Service (IRS) decision that exempts importers of tar sands oils from paying into a trust fund reserved to pay for oil spill cleanups. Crude oil importers are required to pay a 8-cents-per-barrel excise tax, which is the largest revenue source for the trust fund, he said. An IRS decision in May 2011 said tar sands oil is not crude oil, and therefore importers of tar sands oil don't have to pay into the Oil Spill Liability Trust Fund. Markey said the IRS decision was based off an "outdated" 1980 congressional report that said the term 'crude oil' didn't include tar sands oils. The IRS decision was a result of "inadequate understanding" of terminology used by regulatory and industry bodies, he said.

Rep. Camp Diagnosed with Treatable Lymphoma, Will Remain as Ways and Means Chairman
July 30, 2012 by Tim Warren|Congress

House Ways and Means Chairman Rep. Dave Camp (R-Mich.) was diagnosed with a "highly treatable and curable type of non-Hodgkins lymphoma," he said July 28 in a press release. "My treatment will take place every three weeks over the next few months," he said. "It will consist of a series of chemotherapy sessions. In between treatments I will continue my work as a United States Representative for Michigan’s Fourth District and as Chairman of the Ways and Means Committee. Thankfully my health is otherwise excellent and my doctors and I expect a full recovery and cure."

House Ways and Means Schedules Russia PNTR Markup
July 25, 2012 by Tim Warren|Congress

The House Ways and Means Committee scheduled a July 26 markup on legislation granting Russia permanent normal trade relations (PNTR) status and repealing legislation that limits trade with Communist countries. The bill, HR-6156, is (here). The Senate Finance Committee gave its approval to similar legislation July 18. (See ITT's Online Archives 12071912 for a summary of the Senate Finance bill.)

Topics:Permanent normal trade relations (PNTR)
House Delays Vote on AGOA, Burmese Import Restriction as Senate Deals with Objections
July 25, 2012 by Tim Warren|Congress

The House didn't hold a scheduled July 24 vote on HR-5986, a trade bill that would extend African Growth and Opportunity Act (AGOA) provisions and extend Burmese import restrictions. The House bill was scheduled for consideration under suspension of the rules, meaning a markup from the House Ways and Means Committee, where the bill originated, won't be required. No reason for the delay was given.

Topics:African Growth and Opportunity Act (AGOA)
House Expected to Fast Track Legislation on AGOA, Burmese Import Restriction
July 24, 2012 by Tim Warren|Congress

House Majority Leader Eric Cantor (R-Va.) said the House would consider HR-5986, a trade bill that mirrors Senate legislation, July 24. The House bill will be considered under suspension of the rules, meaning a markup from the House Ways and Means Committee, where the bill originated, won't be required. A similar Senate bill, S-3326, was recently approved by the Senate Finance Committee during a markup.

Topics:African Growth and Opportunity Act (AGOA)