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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President Signs Bill Authorizing APEC Business Cards
November 15, 2011 by Barbara Chaves|Congress

On November 12, 2011, the President signed into law S. 1487, the “Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011,” which authorizes the Department of Homeland Security to issue Asia-Pacific Economic Cooperation Business Travel Cards to eligible business leaders and U.S. Government officials actively engaged in Asia-Pacific Economic Cooperation business.

Bill to Tie "Elimination of Duty" to Market Access in Future Trade Agreements Introduced
November 10, 2011 by Cindy Arevalo|Congress

On October 13, 2011, Senator Brown (D-OH) introduced the Reciprocal Market Access Act of 2011 (S. 1711) which would instruct U.S. trade negotiators to eliminate foreign market barriers before reducing U.S. tariffs in trade agreements. The bill would also provide enforcement authority to reinstate the tariff if the foreign government does not honor its commitment to remove its barriers. In addition, S. 1711 would instruct the International Trade Commission to conduct an assessment of the impact of a prospective trade agreement on market opportunities and barriers for U.S. products or services that will be impacted by the trade agreement.

Topics:Customs duty
Bill to Combat Distribution of Counterfeit Goods via Rogue Web Sites Introduced
November 10, 2011 by Cindy Arevalo|Congress

On October 26, 2011, a bipartisan group of Representatives introduced legislation that would expand protections for America’s intellectual property (IP) and combat the illegal distribution of counterfeit goods via rogue websites. H.R. 3261 would (i) allow the Attorney General to seek injunctions against foreign websites that steal and sell U.S. innovations and products, (ii) increase criminal penalties for individuals who traffic in counterfeit medicine and military goods, and (iii) improve coordination between intellectual property enforcement agencies in the U.S.

Senate Commerce Chair Questions Mgmt of Mexican Truck Program
November 10, 2011 by Cindy Arevalo|Congress

On October 31, 2011, Senator Rockefeller, Chairman of the Senate Commerce, Science, and Transportation Committee sent a letter to Secretary of Transportation LaHood seeking reassurance that DOT is doing all that it can to ensure applicants to the U.S.-Mexico cross-border trucking program are adhering to the highest standards of safety. In his letter, Rockefeller notes two recent events in DOT’s administration of the program involving Mexican-based trucking companies have raised concerns that there has been insufficient scrutiny of applicants to the program. The events of concern are the FMCSA’s almost authorization of a Mexican carrier with a poor safety record and its authorization of a Mexican carrier based on “an outdated safety record that is nearly three years old.”

Report Filed for Passed Bill on APEC Business Cards
November 9, 2011 by Barbara Chaves|Congress

On November 8, 2011, the Senate Homeland Security and Governmental Affairs Committee filed a report (No. 112-92) to accompany S. 1487, a bill passed recently by both the House and the Senate that will go to the President for signature. The bill would authorize the Secretary of Homeland Security, in coordination with the Secretary of State, to establish a program to issue Asia-Pacific Economic Cooperation Business Travel Cards, and for other purposes.