Solar panel exporters, led by the Solar Energy Industries Association, urged the U.S. Court of Appeals for the Federal Circuit to rehear their case on President Donald Trump's decision to revoke a Section 201 tariff exclusion on bifacial solar panels (Solar Energy Industries Association v. U.S., Fed. Cir. # 22-1392).
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.
Search Primer
Term list: Separate terms with spaces, not commas or semicolons.
Multi-word term: Place inside quotes to ensure an exact match (e.g. "surrogate value").
Acronyms: Use all capital letters to ensure the search is not looking for that letter sequence instead. (e.g., CIT).
Required term: If a term must be included in any resulting articles, prefix it with a plus sign (e.g., CBP +ruling).
Excluded term: If a term should be excluded from any articles being found, prefix it with a minus sign (e.g., ruling -NY).
Simplest form: Use the simplest form of a term (e.g. "russian export control" instead of "russian export controls") or "entity list" instead of "entity listing" or "entity listed").