United States Court of International Trade

(Redirected from United States Customs Court)

40°42′54″N 74°0′13″W / 40.71500°N 74.00361°W / 40.71500; -74.00361

United States Court of International Trade
(Ct. Int'l Trade)
LocationLower Manhattan, New York City, New York, United States
Appeals toFederal Circuit
EstablishedDecember 18, 1980; 43 years ago (1980-12-18)
AuthorityArticle III court
Created by28 U.S.C. §§ 251258
Composition methodPresidential nomination
with Senate advice and consent
Judges9
Judge term lengthLife tenure
Chief JudgeMark A. Barnett
cit.uscourts.gov

The United States Court of International Trade (case citations: Ct. Int'l Trade) is a U.S. federal court that adjudicates civil actions arising out of U.S. customs and international trade laws.[1] Seated in New York City, it exercises broad jurisdiction over most trade-related matters, and is permitted to hear and decide cases anywhere in the country, as well as abroad.[2]

The court originated with the Customs Administrative Act of 1890, which established the Board of General Appraisers as a quasi-judicial entity of the U.S. Treasury Department tasked with hearing disputes primarily concerning tariffs and import duties.[3] In 1926, Congress replaced the Board with the United States Customs Court, an administrative tribunal with greater judicial functions, which in 1930 was made independent of the Treasury Department. In 1956, the U.S. Customs Court was reconstituted by Congress as an Article III tribunal, giving it the status and privileges of a federal court. The Customs Courts Act of 1980 established the U.S. Court of International Trade in its current form, granting it jurisdiction over all trade matters and conferring its judges with life tenure.[3]

The court's subject matter jurisdiction is limited to particular questions in international trade and customs law, though it may also decide any civil action against the U.S. government, its officers, or its agencies arising out of any law connected to international trade. As an Article III tribunal, the U.S. Court of International Trade can decide controversies in both law and equity, and is thus allowed to grant relief in virtually all means available, including money judgments, writs of mandamus, and preliminary or permanent injunctions.

Led by a chief judge, the court is composed of nine judges who are appointed by the U.S. president and confirmed by the Senate. No more than five judges can be of the same political party.[4] Cases are typically heard by just one judge, and the court operates on procedures and protocols drawn heavily from the Federal Rules of Civil Procedure.

History

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In 1890, the United States Congress passed legislation creating the Board of General Appraisers, a quasi-judicial administrative unit within the United States Department of the Treasury. The Board had nine members appointed by the President of the United States and empowered to review decisions of United States Customs officials concerning the amount of duties to be paid on importations.[5]

In 1926, Congress responded to the increasing number and complexity of customs cases by replacing the Board of General Appraisers with the United States Customs Court, an independent Article I tribunal, retaining the jurisdiction and powers of the Board of General Appraisers. In 1928, the United States Customs Court became the first federal tribunal in the United States to have a woman judge,[6] when President Calvin Coolidge nominated Genevieve R. Cline to the court.[7] Although many members of the United States Senate objected to Cline's appointment, both because of her sex, and because they believed she was self-taught and had no judicial experience, her supporters advocated strongly for her, including Katherine Pike, president of the National Association of Women Lawyers and a number of club-women. Cline won U.S. Senate confirmation on May 25, 1928, received her commission on May 26, 1928, and took her oath of office in the Cleveland Federal Building on June 5, 1928.[8]

On July 14, 1956, Congress made the United States Customs Court an Article III tribunal, again without changing its jurisdiction, powers, or procedures.[9] After making some procedural changes in the Customs Courts Act of 1970, Congress addressed substantive issues concerning the court's jurisdiction and remedial powers in the Customs Courts Act of 1980, which broadened the power of the court and renamed it the United States Court of International Trade.[5]

Courthouse

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The James L. Watson Court of International Trade Building on Foley Square

The James L. Watson Court of International Trade Building, located on Foley Square in lower Manhattan in New York City, houses the court. Also known as 1 Federal Plaza, it was built in 1968 adjacent to the Jacob K. Javits Federal Building.[10] In 2003, the building was named in honor of James L. Watson, a judge of the United States Customs Court from 1964 to 1980, and of the Court of International Trade from 1980 to 2001.[11]

Jurisdiction

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The court possesses limited subject matter jurisdiction, meaning that it may hear only cases involving particular international trade and customs law questions. For example, the court hears disputes such as those involving protests filed with U.S. Customs and Border Protection, decisions regarding Trade Adjustment Assistance by the United States Department of Labor or United States Department of Agriculture, customs broker licensing, and disputes relating to determinations made by the United States International Trade Commission and the Department of Commerce's International Trade Administration regarding anti-dumping and countervailing duties.[12]

There is one notable exception to the court's jurisdiction. In cases involving antidumping and countervailing duties imposed on Canadian or Mexican merchandise, an interested party can request that the case be heard before a special ad hoc binational panel organized under Chapter 19 of the 1994 North American Free Trade Agreement.

Procedure

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Most cases are heard by a single judge. If a case challenges the constitutionality of a U.S. law or has important implications regarding the administration or interpretation of the customs laws, then it may be heard by a three-judge panel. Many Judges of the Court of International Trade also regularly sit by designation on three-judge panels of the United States courts of appeals.[5]

Although the Court maintains its own rules of procedure, they are patterned for the most part on the Federal Rules of Civil Procedure. The court has held that decisions interpreting the Federal Rules of Civil Procedure are "instructive" in interpreting its own rules.[5]

Current composition of the court

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As of February 14, 2024:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
24Chief JudgeMark A. BarnettNew York City19632013–present[Note 1]2021–presentObama
25JudgeClaire R. KellyNew York City19652013–presentObama
26JudgeJennifer Choe-GrovesNew York City19692016–presentObama
27JudgeGary KatzmannNew York City19532016–presentObama
28JudgeTimothy M. ReifNew York City19592019–presentTrump
29JudgeM. Miller BakerNew York City19622019–presentTrump
30JudgeStephen VadenNew York City19822020–presentTrump
31JudgeLisa WangNew York City19802024–presentBiden
32JudgeJoseph A. LaroskiNew York City19712024–presentBiden
11Senior JudgeJane A. RestaniNew York City19481983–20152003–20102015–presentReagan
13Senior JudgeThomas J. AquilinoNew York City19391985–20042004–presentReagan
19Senior JudgeJudith Barzilayinactive19441998–20112011–presentClinton
20Senior JudgeDelissa A. Ridgwayinactive19551998–20192019–presentClinton
21Senior JudgeRichard K. EatonNew York City19481999–20142014–presentClinton
22Senior JudgeTimothy C. StanceuNew York City19512003–20212014–20212021–presentG.W. Bush
23Senior JudgeLeo M. GordonNew York City19522006–20192019–presentG.W. Bush
  1. ^ By virtue of his seniority of age, Judge Barnett holds seniority over Judge Kelly despite their identical commission dates.

Former judges of the United States Court of International Trade

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#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason for
termination
Samuel Murray RosensteinNY1909–19951980–1995[Note 1] L. Johnson /
Operation of law
death
1Paul Peter RaoNY1899–19881980–1988[Note 1] Truman /
Operation of law
death
2Morgan FordNY1911–19921980–1985[Note 1]1985–1992 Truman /
Operation of law
death
3Scovel RichardsonNY1912–19821980–1982[Note 1] Eisenhower /
Operation of law
death
4Frederick Landis Jr.NY1912–19901980–1983[Note 1]1983–1990 L. Johnson /
Operation of law
death
5James Lopez WatsonNY1922–20011980–1991[Note 1]1991–2001 L. Johnson /
Operation of law
death
6Herbert N. MaletzNY1913–20021980–1982[Note 1]1982–2002 L. Johnson /
Operation of law
death
7Bernard NewmanNY1907–19991980–1983[Note 1]1983–1999 L. Johnson /
Operation of law
death
8Edward D. ReNY1920–20061980–1991[Note 1]1980–1991 L. Johnson /
Operation of law
retirement
9Nils BoeNY1913–19921980–1984[Note 1]1984–1992 Nixon /
Operation of law
death
10Gregory W. CarmanNY1937–20201983–20141996–20032014–2020 Reagandeath
12Dominick L. DiCarloNY1928–19991984–19961991–19961996–1999 Reagandeath
14Nicholas TsoucalasNY1926–20181986–19961996–2018 Reagandeath
15R. Kenton MusgraveCA1927–20231987–19971997–2023 Reagandeath
16Richard W. GoldbergND1927–20231991–20012001–2023 G.H.W. Bushdeath
17Donald C. PogueCT1947–20161995–20142010–20142014–2016 Clintondeath
18Evan WallachNV1949–present1995–2011 Clintonelevation to Fed. Cir.
  1. ^ a b c d e f g h i j Reassigned from the United States Customs Court.

Former judges of the United States Customs Court

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#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason for
termination
1William Barberie HowellNY1865–19271926–1927[Note 1]1926–1927 McKinley /
Operation of law
death
2Israel F. FischerNY1858–19401926–1932[Note 1]1927–1932 McKinley /
Operation of law
retirement
3Byron Sylvester WaiteNY1852–19301926–1930[Note 1] T. Roosevelt /
Operation of law
retirement
4Charles Paul McClellandNY1854–19441926–1939[Note 1]1934–1939 T. Roosevelt /
Operation of law
retirement
5Jerry Bartholomew SullivanNY1859–19481926–1939[Note 1] Wilson /
Operation of law
retirement
6George Stewart BrownNY1871–19411926–1941[Note 1]1939–1940 Wilson /
Operation of law
retirement
7William C. AdamsonNY1854–19291926–1928[Note 1] Wilson /
Operation of law
retirement
8George Emery WellerNY1857–19321926–1930[Note 1] Wilson /
Operation of law
retirement
9George M. YoungNY1870–19321926–1932[Note 1]1932 Coolidge /
Operation of law
death
10William Josiah TilsonNY1871–19491928–19491932–1934 Coolidgedeath
11Genevieve R. ClineNY1877–19591928–1953 Coolidgeretirement
12David Hayes KincheloeNY1877–19501930–1948[Note 2] Hooverretirement
13Walter Howard EvansNY1870–19591931–1941 Hooverretirement
14Frederick W. DallingerNY1871–19551932–1942 Hooverretirement
15William John KeefeNY1873–19551933–1947F. Rooseveltretirement
16Thomas Joseph WalkerNY1877–19451940–1945F. Rooseveltdeath
17Webster OliverNY1888–19691940–19671940–19651967–1969F. Rooseveltdeath
18William A. EkwallNY1887–19561942–1956F. Rooseveltdeath
19William Purington Cole Jr.NY1889–19571942–1952F. Rooseveltelevation to C.C.P.A.
20Charles Drummond LawrenceNY1878–19751943–19651965–1975F. Rooseveltdeath
21Irvin Charles MollisonNY1898–19621945–1962 Trumandeath
22Jed JohnsonNY1888–19631947–1963 Trumandeath
23Paul Peter RaoNY1899–19881948–1980[Note 3]1965–1971 Trumanreassignment to Intl. Trade
24Morgan FordNY1911–19921949–1980 Trumanreassignment to Intl. Trade
25David John WilsonNY1887–19761954–19661966–1976 Eisenhowerdeath
26Mary Donlon AlgerNY1893–19771955–19661966–1977 Eisenhowerdeath
27Scovel RichardsonNY1912–19821957–1980 Eisenhowerreassignment to Intl. Trade
28Philip Nichols Jr.NY1907–19901964–1966L. Johnsonelevation to Ct. Cl.
29Frederick Landis Jr.NY1912–19901965–1980L. Johnsonreassignment to Intl. Trade
30James Lopez WatsonNY1922–20011966–1980L. Johnsonreassignment to Intl. Trade
31Lindley BeckworthNY1913–19841967–1968L. Johnsonresignation
32Herbert N. MaletzNY1913–20021967–1980L. Johnsonreassignment to Intl. Trade
33Bernard NewmanNY1907–19991968–1980L. Johnsonreassignment to Intl. Trade
34Samuel Murray RosensteinNY1909–19951968–19701970–1980L. Johnsonreassignment to Intl. Trade
35Edward D. ReNY1920–20061968–19801977–1980L. Johnsonreassignment to Intl. Trade
36Nils BoeNY1913–19921971–19801971–1977 Nixonreassignment to Intl. Trade
  1. ^ a b c d e f g h i Reassigned from the Board of General Appraisers.
  2. ^ Recess appointment; formally nominated on December 4, 1930, confirmed by the United States Senate on January 22, 1931, and received commission on January 29, 1931.
  3. ^ Recess appointment; formally nominated on June 22, 1948, confirmed by the Senate on January 31, 1949, and received commission on February 2, 1948.

Former members of the Board of General Appraisers

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#MemberStateBorn/DiedActive servicePresidentSenior statusAppointed byReason for
termination
1Charles H. HamNY1831–19021890–19021897–1902B. Harrisonresignation
2George C. TichenorNY1838–19021890–19021890–1897B. Harrisondeath
3Joseph Biddle Wilkinson Jr.NY1845–19151890–1899B. Harrisonresignation
4James A. JewellNYc. 1840–19121890–1903B. Harrisonresignation
5Henderson M. SomervilleNY1837–19151890–19151910–1914B. Harrisondeath
6Ferdinand N. ShurtleffNY1837–19031890–1899B. Harrisonremoval[Note 1]
7Joseph Lewis StackpoleNY1838–19041890–1890B. Harrisonresignation
8Thaddeus S. SharrettsNY1850–19261890–1913B. Harrisonremoval[Note 2]
9George H. SharpeNY1828–19001890–1899B. Harrisonresignation
10Wilbur Fisk LuntNY1848–19081891–1908B. Harrisondeath
11William Barberie HowellNY1865–19271899–19261925–1926 McKinleyreassignment to Cust Ct.
12Israel F. FischerNY1858–19401899–1926[Note 3]1902–1905 McKinleyreassignment to Cust Ct.
13Marion De VriesNY1865–19391900–1910[Note 4]1906–1910 McKinleyelevation to C.C.P.A.
14Byron Sylvester WaiteNY1852–19301902–1926T. Rooseveltreassignment to Cust Ct.
15Charles P. McClellandNY1854–19441903–1926[Note 5]T. Rooseveltreassignment to Cust Ct.
16Eugene Gano HayNY1853–19331903–1923[Note 6]T. Rooseveltretirement
17Roy ChamberlainNY1861–19531908–1913[Note 7]T. Rooseveltremoval[Note 2]
18Samuel B. CooperNY1850–19181910–1918 Taftdeath
19Jerry Bartholomew SullivanNY1859–19481913–19261914–1925 Wilsonreassignment to Cust Ct.
20George Stewart BrownNY1871–19411913–1926 Wilsonreassignment to Cust Ct.
21William C. AdamsonNY1854–19291917–1926 Wilsonreassignment to Cust Ct.
22George Emery WellerNY1857–19321919–1926 Wilsonreassignment to Cust Ct.
23George M. YoungNY1870–19321924–1926 Coolidgereassignment to Cust Ct.
  1. ^ Removed from office by William McKinley.
  2. ^ a b Removed from office by William Howard Taft.
  3. ^ Recess appointment; formally nominated on December 15, 1899, confirmed by the United States Senate on January 17, 1900, and received commission on January 22, 1900.
  4. ^ Recess appointment; formally nominated on December 5, 1900, confirmed by the Senate on December 10, 1900, date of commission is unknown.
  5. ^ Recess appointment; formally nominated on November 10, 1903, confirmed by the Senate on December 7, 1903, and received commission on December 8, 1903.
  6. ^ Recess appointment; formally nominated on November 10, 1903, confirmed by the Senate on November 24, 1903, and received commission on November 25, 1903.
  7. ^ Recess appointment; formally nominated on December 8, 1908, confirmed by the Senate on January 11, 1909, and received commission on January 15, 1909.

Chief judges

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Chief judges have administrative responsibilities with respect to the Court of International Trade, and preside over any panel on which they serve unless circuit judges are also on the panel.[5] Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.

Under the Board of General Appraisers, the position of Chief Judge was entitled "President". When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

Succession of seats

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References

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  1. ^ "About the Court". Court of International Trade. Retrieved March 12, 2021.
  2. ^ "About the Court". Court of International Trade. Jurisdiction of the Court. Retrieved March 12, 2021.
  3. ^ a b Patrick C. Reed, The Origins and Creation of the Board of General Appraisers, pp. 92-92.
  4. ^ "28 U.S. Code § 251 - Appointment and number of judges; offices".
  5. ^ a b c d e History of the United States Court of International Trade.
  6. ^ Jo Freeman, A Room at a Time: How Women Entered Party Politics, 2002: Rowman and Littlefield, p. 216 (ISBN 084769805X)
  7. ^ "The Coolidge Week", Time, May 14, 1928
  8. ^ William Ganson Rose, Cleveland: the Making of a City, 1990: Kent State Univ. Press, p. 854 (ISBN 0873384288)
  9. ^ "U.S. Customs Court: Legislative History – Federal Judicial Center". www.fjc.gov.
  10. ^ Casey Nelson Blake, "Tilted Arc, and the Crisis of Public Art" in The Power of Culture: Critical Essays in American History (eds. Richard Wightman Fox & T. J. Jackson Lears), pp. 260–61, 278.
  11. ^ Public Law 108-70, 108th United States Congress.
  12. ^ Gregory W. Carman, Jurisdiction and the Court of International Trade: Remarks of the Honorable Gregory W. Carman at the Conference on International Business Practice Presented by the Center for Dispute Resolution on February 27–28, 1992, 13 Nw. J. Int'l L. & Bus. 245 (1992-1993). Retrieved from https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1357&context=njilb.
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