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 Strikes Bill's Ban on Brazil Cotton Payments, Etc.
June 16, 2011 by Cindy Arevalo|Congress

During its consideration of H.R. 2112, the FY 2012 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, on June 15, 2011, the House struck the section of the bill (Section 743) which would have eliminated payments being made to Brazil as part of a mutually agreed World Trade Organization settlement dispute involving cotton. Opponents to this section, including the Administration, had expressed concern that eliminating such payments would open the door for retaliation against the U.S. by Brazil.

Administration Has Serious Concerns About House Ag Funding Bill
June 15, 2011 by Cindy Arevalo|Congress

The Office of Management and Budget has issued a Statement of Administration Policy which outlines its serious concerns with the fiscal year 2012 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act (H.R. 2112) currently being considered in the House. The Administration’s concerns include funding levels for food safety and the Food and Drug Administration, cuts in the cotton payments to Brazil, and restrictions on FDA standards.

Topics:World Trade Organization (WTO)
Ways and Means Chair Wants Customs Reauthorization Bill, Etc.
June 15, 2011 by Marie Rapport|Congress

During remarks made to the Emergency Committee for American Trade, Representative Brady (R), Chairman of the House Ways and Means Committee’s Trade Subcommittee, announced that he wants to continue work on Customs reauthorization legislation. He also said the U.S. should adhere to its NAFTA trucking obligations, and expressed concern over legislation to prohibit cotton payments to Brazil.

Ways and Means Chair Expects "Mock" Mark Ups of FTA Bills Soon
June 15, 2011 by Cindy Arevalo|Congress

During remarks made to the Emergency Committee for American Trade, Representative Brady (R), Chairman of the House Ways and Means Committee’s Trade Subcommittee, announced that he expects the Committee to hold “mock” mark-ups on the bills for the three pending free trade agreements (Korea, Colombia, and Panama) during the week of June 20, 2011.

Committee Seeks Answers on E. Coli Outbreak in Germany
June 14, 2011 by Cindy Arevalo|Congress

On June 8, 2011, House Energy and Commerce Committee leaders sent a letter to the Food and Drug Administration and the Centers for Disease Control and Prevention seeking answers to questions regarding the E. coli outbreak in Germany and its impact on the U.S.

CRS Reports on the Auto-Specific Provisions of the KORUS FTA
June 14, 2011 by Elizabeth Parker|Congress

The Congressional Research Service has issued a report on sector-specific issues of the proposed U.S.-South Korea Free Trade Agreement (KORUS FTA) that were controversial during negotiations, including the auto-specific provisions of the FTA which were revised in 2010. The 2010 modifications include changes in the tariff phase-out periods, a new safeguard provision, and allowing more U.S. cars into South Korea under U.S. safety standards.

Topics:Customs duty