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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- EC Adopts Recommendation for EU-Wide Consumer Complaint Reporting
May 13, 2010 by Karen Marzullo|Congress

The European Commission has adopted a recommendation to introduce an EU-wide method for classifying and reporting consumer complaints. A new method is needed as there are more than 700 organizations handling consumer complaints in Europe, but they use different classifications, making comparison difficult. Implementation will be discussed at a May 27 conference. (Press release, dated 05/12/10, available at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/567&format=HTML&aged=0&language=EN&guiLanguage=en)

- EC Agrees on Draft Rules on Stricter Animal Experimentation
May 13, 2010 by Karen Marzullo|Congress

The European Council has agreed on a draft directive which would require that experiments with animals be replaced, wherever possible, by an alternative method which is scientifically satisfactory; the number of animals used in projects be reduced to a minimum; and the degree of pain and suffering caused to animals be limited to the minimum. (Press release, dated 05/11/10, available at http://europa.eu/rapid/pressReleasesAction.do?reference=PRES/10/105&format=HTML&aged=0&language=EN&guiLanguage=en)

CIT Rules That CamelBak Hydration Packs are Backpacks (17.8% Rate)
May 13, 2010 by Barbara Chaves|Congress

In a test case, CamelBak Products, LLC1, v. U.S., the Court of International Trade ruled in favor of Customs that CamelBak “Hydration Packs” or “Hydration Systems” are properly classified as “”travel, sports, and similar bags” under HTS subheading 4202.92.30 at 17.8%.