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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House and Senate Conferring on Ag, FDA Appropriations Bill
November 9, 2011 by Cindy Arevalo|Congress

On June 16, 2011, the House passed its version of H.R. 2112, a fiscal year 2012 Agriculture, Food and Drug Administration, etc. appropriations bill. On November 1, 2011, the Senate passed its own version of H.R. 2112, which included FY 2012 appropriations for additional agencies (Commerce, Justice, Transportation, and Housing and Urban Development, and related programs).

Bipartisan Senate Transportation Bill Introduced, Mark Up on Nov 9
November 9, 2011 by Cindy Arevalo|Congress

On November 7, 2011, Senator Boxer (D-CA), Chairman of the Environment and Public Works Committee and three co-sponsors1 introduced bipartisan legislation to reauthorize the nation's transportation programs for two years (S. 1813, the Moving Ahead for Progress in the 21st Century (MAP-21)).

Congressional Trade Leaders Say Japan May Join TPP Talks Soon
November 9, 2011 by Barbara Chaves|Congress

House Ways and Means Ranking Member Levin (D-MI) and Chairman Camp (R-MI), along with Senate Finance Chairman Baucus (D-MT) and Ranking Member Hatch (R-UT) sent a letter to U.S. Trade Representative Kirk on November 8 regarding the possible announcement by Japan at the upcoming Asia Pacific Economic Cooperation Summit in Honolulu to seek participation in the Trans-Pacific Partnership (TPP). The members of Congress say that such an announcement would be an opportunity for much-needed change in Japan, as they have long sheltered their domestic economy. However, Japan's inclusion would add dramatically new dimensions and complexities to the TPP negotiations. Therefore they urge USTR to closely consult with them as this issue develops.

President to Nominate Broadbent as ITC Commissioner
November 8, 2011 by Barbara Chaves|Congress

President Obama announced his intent to nominate Meredith Broadbent as a Member (Commissioner) of the U.S. International Trade Commission. Broadbent is currently a senior advisor at the Center for Strategic and International Studies (CSIS) and has served as a Trade Advisor at the Global Business Dialogue, as Assistant U.S. Trade Representative for Industry, Market Access, and Telecommunications, and as a senior professional staff member for the House Ways and Means Committee.

New Bill Would Impose Duties on Chinese Goods for IPR Violations
November 8, 2011 by Cindy Arevalo|Congress

On November 4, 2011, Representative King (R-IA) introduced H.R. 3375, a bill which would direct the President to impose duties on merchandise from China in an amount equivalent to the estimated annual loss of revenue to U.S. intellectual property rights (IPR) holders as a result of violations of such IPR in China. Under H.R. 3375, the revenue raised by the imposition of duties on Chinese merchandise would be proportionally distributed to provide compensation to holders of U.S. IPR.

Congress Passes APEC Travel Card Bill, Now Goes to President
November 8, 2011 by Cindy Arevalo|Congress

On November 4, 2011, the House passed S. 1487, a bill to 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. Since the Senate passed the same version of S. 1487 on November 3, 2011, the bill now goes to the President.