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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Congressional PORTS Caucus Held Inaugural Event Feb 29
March 21, 2012 by Elizabeth Parker|Congress

On February 29, 2012, Representative Ted Poe (R-TX) and Representative Janice Hahn (D-CA) hosted the inaugural event for the bipartisan Congressional Ports, Opportunity Renewal, Trade and Security (PORTS) Caucus. The mission of the PORTS Caucus is to promote the importance of U.S. ports to the nation’s economy and the need to secure them by promoting dialogue and coordination between Congress, the Administration and relevant federal agencies, as well as important industry officials. The Caucus was formed in October 2011 by Representatives Poe and Hahn and currently includes 42 members representing 19 states and two territories. The inaugural event featured a “Ports 101” presentation made by guest speaker Kurt Nagle, President and CEO of the American Association of Port Authorities (AAPA).

188 Congress Members Urge Obama to Use New ITEC to Address China Auto Parts
March 21, 2012 by Elizabeth Parker|Congress

Senator Sherrod (D-OH) and 187 other Senators and Representatives sent a letter to President Obama calling for more aggressive enforcement against China's trade actions and subsidies, which they say hurt U.S. auto parts businesses. According to Sherrod, the U.S. deficit with China on auto parts trade has increased nearly tenfold since China joined the World Trade Organization in 2001 - from $1.03 billion to $9.95 billion in 2011. The letter urges the President to use the recently established Interagency Trade Enforcement Center (ITEC) to address China's predatory policies in auto parts.

Senate Failed to Pass Ex-Im Bank Reauthorization on March 20
March 21, 2012 by Brian Feito|Congress

On March 20, 2012, the Senate voted twice and did not get enough votes to add an Export-Import Bank reauthorization amendment to H.R. 3606, the “Reopening American Capital Markets to Emerging Growth Companies Act of 2011.”1 The amendment would have reauthorized the Ex-Im Bank through September 30, 2015, required it to promote textile and apparel component exports, banned certain Iran assistance, and reviewed domestic content guidelines.

Senate to Take Up Ex-Im Bank Reauthorization on March 20
March 20, 2012 by Elizabeth Parker|Congress

Senate Majority Leader Harry Reid (D-NV) announced on March 19, 2012 that the Senate will resume consideration of the Export-Import Bank Reauthorization bill. The bill would reauthorize the Export-Import Bank through September 30, 2015, require it to promote textile and apparel component exports, ban certain Iran assistance, and review domestic content guidelines. The proposal will be taken up as an amendment to H.R. 3606, a bill “Reopening American Capital Markets to Emerging Growth Companies Act of 2011”, with possible Senate vote to take place on March 20. The reauthorization has bi-partisan support as well as the support of President Obama.

Congressman Markey Files 3 Petitions w/ FDA to Ban BPA
March 20, 2012 by Brian Feito|Congress

Congressman Edward J. Markey (D-MA), a senior member of the House Energy and Commerce Committee, announced on March 19, 2012 that he sent three separate petitions to the Food and Drug Administration requesting the agency permanently remove regulatory approval for the use of bisphenol-A (BPA) in (i) infant formula and baby and toddler food packaging, (ii) small reusable household food and beverage containers, and (iii) canned food packaging, on the grounds that manufacturers have stopped using BPA in these products.