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 to Hold Hearing on Colombia FTA on May 11
May 6, 2011 by Cindy Arevalo|Congress

On May 11, 2011, the Senate Finance Committee will hold a hearing to discuss the pending U.S.-Colombia free trade agreement (FTA). Among the witnesses scheduled to testify at this hearing is Deputy U.S. Trade Representative Sapiro.

Senate Finance Hearing Addresses Evasion of AD/CV Duty Orders
May 6, 2011 by Cindy Arevalo|Congress

On May 5, 2011, the Senate Finance Committee’s Subcommittee on International Trade, Customs, and Global Competitiveness held a hearing on “Enforcing America’s Trade Laws in the Face of Customs Fraud and Duty Evasion.” The hearing focused on the evasion of antidumping/countervailing (AD/CV) duty orders and how the Administration is responding.

Senate Finance Chair Secures Beef Commitment, Will Support KORUS
May 5, 2011 by Cindy Arevalo|Congress

On May 4, 2011, the U.S. Trade Representative sent a letter to Senate Finance Committee Chairman Baucus (D) announcing that the U.S. will request consultations under the existing beef protocol with Korea to discuss issues related to access of U.S. beef to the Korean market. According to the USTR, the consultations will be requested once the U.S.-South Korea free trade agreement (KORUS) has entered into force.

Senator Baucus Plans Bill on Clean Fuel, Efficient Vehicles
April 29, 2011 by Barbara Chaves|Congress

Senate Finance Committee Chairman Baucus (D) released a plan on April 28, 2011 to end billions of dollars in tax breaks for large, multinational oil and gas companies and invest in cleaner and cheaper domestic energy sources. The Finance Chairman called his plan a blueprint for legislation that he intends to craft in the Committee. It includes four components: repeal tax breaks for the largest oil and gas companies to pay for the plan; promote demand for clean, domestic fuel; provide incentives for purchasing fuel efficient vehicles; and build a clean energy infrastructure.