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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19 Senators Ask USDA, USTR to Appeal WTO Cool Labeling Decision
December 21, 2011 by Cindy Arevalo|Congress

Senator Grassley (R-IA), Ranking Member on the Senate Judiciary Committee, and 18 other Senators sent a letter to Agriculture Secretary Vilsack and U.S. Trade Representative Kirk asking the Administration to appeal a World Trade Organization panel decision which they say validates U.S. authority to have Country Of Origin Labeling (COOL) for meat products, but strikes down the COOL regulations which implement the law.

Topics:World Trade Organization (WTO)
New AGOA Bill Would Extend 3rd Country Fabric TPL, Advance South Sudan
December 20, 2011 by Cindy Arevalo|Congress

On December 15, 2011, Senators Baucus (D-MT) and Hatch (R-UT), Chairman and Ranking Member of the Senate Finance Committee, and 10 co-sponsors1 introduced bipartisan legislation (S. 2007) to extend the African Growth and Opportunity Act third country fabric provision to September 2015 and add South Sudan to the list of Sub-Sahara African countries.

Topics:Customs duty, African Growth and Opportunity Act (AGOA)
Bill Introduced to Require Foreign Mfrs of Certain Products to Have U.S. Registered Agents
December 19, 2011 by Cindy Arevalo|Congress

On December 5, 2011, Senator Whitehouse (D-RI) and 9 co-sponsors1 introduced the Foreign Manufacturers Legal Accountability Act (S. 1946) which would require foreign manufacturers of certain products imported into the U.S. to establish registered agents in the U.S. who are authorized to accept service of process against such manufacturers. S. 1946 has been referred to the Senate Finance Committee.

Textile Groups Support Ex-Im Bank Funds for Textile & Apparel Supply Chain
December 16, 2011 by Cindy Arevalo|Congress

On December 8, 2011, the National Cotton Council, National Council of Textile Organizations, and the American Apparel and Footwear Association sent a letter to members of the Senate expressing their support of Export-Import Bank reauthorization legislation that is expected to be considered shortly. In particular, the groups strongly support inclusion in the final version of the bill an amendment to create additional avenues of financing for the textile and apparel global supply chain.

Agreement on Omnibus Funding Bill Reached, Blocks Light Bulb Phaseout
December 16, 2011 by Cindy Arevalo|Congress

Press reports indicate that House and Senate negotiators reached an agreement to provide fiscal year 2012 appropriations to the federal government agencies whose current spending is scheduled to expire at midnight on December 16, 2011. (Some agencies have already received their full FY 2012 appropriations, including Agriculture, Commerce, Transportation, etc.) The House and Senate are expected to act on the measure on December 16, 2011.

Senate Agrees to Defense Authorization Conference Report, Goes to President
December 16, 2011 by Cindy Arevalo|Congress

On December 15, 2011, the Senate agreed to the conference report for H.R. 1540, the Fiscal Year 2012 National Defense Authorization Act. (The House has agreed to the conference report on December 14, 2011.) The conference report authorizes defense and certain energy-related appropriations and includes, among other things, the Senate-passed amendment imposing additional Iran sanctions. H.R. 1540 now goes to the President, who is expected to sign it into law. Press reports indicate that the President dropped his threat to veto H.R. 1540 after certain problematic provisions in the original bills were not included in the conference report.