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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Senior Republican Criticizes China Trade Policies, Backs TPP
April 26, 2012 by Mike Feazel|Congress

"We cannot ignore that China is our second largest trading partner overall and our third largest export market," said House Ways and Means Committee Chairman Dave Camp, R-Mich., in a speech April 26 to the Center for Strategic and International Studies in Washington. But he said China "purposefully impedes market access for U.S. goods and services and blatantly steals the intellectual property of American businesses."

Topics:Forced Labor
Dairy Group Says Farm Bill Would Hurt Milk Exports
April 25, 2012 by Mike Feazel|Congress

A portion of the farm bill limiting milk production by farmers who enroll in a market-stabilization program “will hurt our ability to export across the world,” said Jon Davis, CEO of Davisco Foods International Inc. of Eden Prairie, Minn., speaking at an April 24 news conference organized by the International Dairy Foods Association. The Senate Agriculture Committee delayed a markup of the farm bill, which had been scheduled for April 25. A new markup date will be announced soon, the committee said.

House Freshmen Push for Quick MTB Action
April 20, 2012 by Tim Warren|Congress

A group of 65 House freshman members said the miscellaneous tariff bill (MTB) will be an important vehicle to prevent the tax hike that would result if the expiration of duty suspensions and reductions provisions that were approved by the last congress. The legislators wrote Speaker John Boehner (R-Ohio) and Majority Leader Eric Cantor (R-Va.) a letter April 20, 2012, explaining their support of the MTB process.

Topics:Customs duty
Commerce to Expand SelectUSA in Effort to Help Exporters
April 19, 2012 by Tim Warren|Congress

The Commerce Department will expand the SelectUSA program in an effort to increase support of advanced manufacturing and aid exporters, said Commerce Secretary John Bryson during a April 19, 2012, House Subcommittee on Commerce Manufacturing and Trade hearing on American Manufacturing. SelectUSA, which was created through executive order last year, coordinates existing resources and functions across all Federal agencies that have operations relevant to business investment decisions, said Bryson. As a central point of contact within the U.S. government, SelectUSA serves as an advocate and ombudsman for the investor community, he said.

Homeland Security Subcommittee to Hold Asia-Pacific Trade Hearing
April 18, 2012 by Tim Warren|Congress

The Homeland Security Subcommittee on Transportation Security, chaired by Rep. Mike Rogers (R-AL) scheduled a hearing on “Building Secure Partnerships in Travel, Commerce, and Trade with the Asia-Pacific Region” April 18, 2012, at 2 P.M. Scheduled witnesses are: John Halinski, Assistant Administrator, Office of Global Strategies, Transportation Security Administration, U.S. Department of Homeland Security; Mark Koumans, Deputy Assistant Secretary, Office of International Affairs, Office of Policy, U.S. Department of Homeland Security; Hon. Hans G. Klemm, U.S. Senior Official for Asia-Pacific Economic Cooperation, Bureau of East Asian and Pacific Affairs, U.S. Department of State; Gary Wade, Vice President Security, Atlas Air Worldwide Holdings, Inc., on behalf of the Cargo Airline Association (CAA); Dorothy Reimold, Assistant Director, Security and Travel Facilitation, International Air Transport Association (IATA); Roger Dow, CEO, U.S. Travel Association; Michael Mullen, Executive Director, Express Association of America