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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Senate Finance Considers Trade Nominees, Urge More Trade Action
September 13, 2011 by Barbara Chaves|Congress

On September 12, 2011, the Senate Finance Committee held a hearing to consider several trade-related nominations including: Michael Punke as Deputy U.S. Trade Representative; Islam Siddiqui as Chief Agricultural Negotiator at USTR; Paul Piquado as Assistant Secretary of Commerce; and David Johanson as a member of the International Trade Commission. During the hearing, Committee Chair Baucus (D-MT) urged confirmation of all the nominees and Ranking Member Hatch (R-UT) stated that there are a number of trade problems that need to be addressed, including the near collapse of the WTO Doha Round, Chinese growth policies, and U.S. inaction on free trade agreements. Punke's statement on the need for WTO rules to have teeth and Doha to be reassessed is available here. Siddiqui statement on increased market access for U.S. agriculture is available here.

Senators Call for Strong IP Standards for Biologics Data in TPP Talks
September 13, 2011 by Cindy Arevalo|Congress

Senate Finance Committee Ranking Member Hatch (R-UT) and Committee member Senator Kerry (D-MA) led a bipartisan group of 35 Senators, in a letter, urging the U.S. Trade Representative to preserve strong intellectual property standards for biologics data during the Trans-Pacific Partnership (TPP) trade agreement negotiations in Chicago. Specifically, the lawmakers requested the 12-year regulatory data protection for biologics under current U.S. law serve as the baseline for negotiations.

Senate Committee Approves Bill with FY 2012 Funding Increase for CBP
September 12, 2011 by Cindy Arevalo|Congress

On September 7, 2011, the Senate Appropriations Committee amended, approved, and reported the fiscal year 2012 Department of Homeland Security appropriations bill (H.R. 2017), which would provide $410 million more for CBP than was enacted in FY 2011, including funds for cargo scanning pilots. In its report, the Committee urges CBP to encourage or require brokers to develop “know your customer” programs, consider a U.S. agent requirement for foreign importers, etc.

Topics:Automated Commercial Environment (ACE)
Senate Receives FMC Commissioner Nomination
September 7, 2011 by Cindy Arevalo|Congress

On September 6, 2011, the Senate received the nomination of Michael A. Khouri to be a Federal Maritime Commissioner for a term expiring June 30, 2016. (Khouri is currently a Federal Maritime Commissioner whose term is set to expire June 30, 2011.)