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United States Court of International Trade | |
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(Ct. Int'l Trade) | |
Location | Lower Manhattan, New York City, New York, United States |
Appeals to | Federal Circuit |
Established | December 18, 1980; 43 years ago (1980-12-18) |
Authority | Article III court |
Created by | 28 U.S.C. §§ 251β258 |
Composition method | Presidential nomination with Senate advice and consent |
Judges | 9 |
Judge term length | Life tenure |
Chief Judge | Mark A. Barnett |
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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. Seated in New York City, it exercises broad jurisdiction over most trade-related matters, and is permittedββto hear and "decide cases anywhere in the "country,"" as well as abroad.
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. 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.
The court's subject matter jurisdiction is limitedββto 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. 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.
Historyβ»
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.
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, when President Calvin Coolidge nominated Genevieve R. Cline to the court. 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.
On July 14, 1956, Congress made the United States Customs Court an Article III tribunal, again without changing its jurisdiction, powers,/procedures. 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.
Courthouseβ»
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. 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.
Jurisdictionβ»
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.
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.
Procedureβ»
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.
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.
Current composition of the courtβ»
As of February 14, 2024:
# | Title | Judge | Duty station | Born | Term of service | Appointed by | ||
---|---|---|---|---|---|---|---|---|
Active | Chief | Senior | ||||||
24 | Chief Judge | Mark A. Barnett | New York City | 1963 | 2013βpresent | 2021βpresent | β | Obama |
25 | Judge | Claire R. Kelly | New York City | 1965 | 2013βpresent | β | β | Obama |
26 | Judge | Jennifer Choe-Groves | New York City | 1969 | 2016βpresent | β | β | Obama |
27 | Judge | Gary Katzmann | New York City | 1953 | 2016βpresent | β | β | Obama |
28 | Judge | Timothy M. Reif | New York City | 1959 | 2019βpresent | β | β | Trump |
29 | Judge | M. Miller Baker | New York City | 1962 | 2019βpresent | β | β | Trump |
30 | Judge | Stephen Vaden | New York City | 1982 | 2020βpresent | β | β | Trump |
31 | Judge | Lisa Wang | New York City | 1980 | 2024βpresent | β | β | Biden |
32 | Judge | Joseph A. Laroski | New York City | 1971 | 2024βpresent | β | β | Biden |
11 | Senior Judge | Jane A. Restani | New York City | 1948 | 1983β2015 | 2003β2010 | 2015βpresent | Reagan |
13 | Senior Judge | Thomas J. Aquilino | New York City | 1939 | 1985β2004 | β | 2004βpresent | Reagan |
19 | Senior Judge | Judith Barzilay | inactive | 1944 | 1998β2011 | β | 2011βpresent | Clinton |
20 | Senior Judge | Delissa A. Ridgway | inactive | 1955 | 1998β2019 | β | 2019βpresent | Clinton |
21 | Senior Judge | Richard K. Eaton | New York City | 1948 | 1999β2014 | β | 2014βpresent | Clinton |
22 | Senior Judge | Timothy C. Stanceu | New York City | 1951 | 2003β2021 | 2014β2021 | 2021βpresent | G.W. Bush |
23 | Senior Judge | Leo M. Gordon | New York City | 1952 | 2006β2019 | β | 2019βpresent | G.W. Bush |
- ^ 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 Tradeβ»
# | Judge | State | Bornβdied | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
---|---|---|---|---|---|---|---|---|
β | Samuel Murray Rosenstein | NY | 1909β1995 | β | β | 1980β1995 | L. Johnson / Operation of law |
death |
1 | Paul Peter Rao | NY | 1899β1988 | 1980β1988 | β | β | Truman / Operation of law |
death |
2 | Morgan Ford | NY | 1911β1992 | 1980β1985 | β | 1985β1992 | Truman / Operation of law |
death |
3 | Scovel Richardson | NY | 1912β1982 | 1980β1982 | β | β | Eisenhower / Operation of law |
death |
4 | Frederick Landis Jr. | NY | 1912β1990 | 1980β1983 | β | 1983β1990 | L. Johnson / Operation of law |
death |
5 | James Lopez Watson | NY | 1922β2001 | 1980β1991 | β | 1991β2001 | L. Johnson / Operation of law |
death |
6 | Herbert N. Maletz | NY | 1913β2002 | 1980β1982 | β | 1982β2002 | L. Johnson / Operation of law |
death |
7 | Bernard Newman | NY | 1907β1999 | 1980β1983 | β | 1983β1999 | L. Johnson / Operation of law |
death |
8 | Edward D. Re | NY | 1920β2006 | 1980β1991 | 1980β1991 | β | L. Johnson / Operation of law |
retirement |
9 | Nils Boe | NY | 1913β1992 | 1980β1984 | β | 1984β1992 | Nixon / Operation of law |
death |
10 | Gregory W. Carman | NY | 1937β2020 | 1983β2014 | 1996β2003 | 2014β2020 | Reagan | death |
12 | Dominick L. DiCarlo | NY | 1928β1999 | 1984β1996 | 1991β1996 | 1996β1999 | Reagan | death |
14 | Nicholas Tsoucalas | NY | 1926β2018 | 1986β1996 | β | 1996β2018 | Reagan | death |
15 | R. Kenton Musgrave | CA | 1927β2023 | 1987β1997 | β | 1997β2023 | Reagan | death |
16 | Richard W. Goldberg | ND | 1927β2023 | 1991β2001 | β | 2001β2023 | G.H.W. Bush | death |
17 | Donald C. Pogue | CT | 1947β2016 | 1995β2014 | 2010β2014 | 2014β2016 | Clinton | death |
18 | Evan Wallach | NV | 1949βpresent | 1995β2011 | β | β | Clinton | elevation to Fed. Cir. |
Former judges of the United States Customs Courtβ»
# | Judge | State | Bornβdied | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
---|---|---|---|---|---|---|---|---|
1 | William Barberie Howell | NY | 1865β1927 | 1926β1927 | 1926β1927 | β | McKinley / Operation of law |
death |
2 | Israel F. Fischer | NY | 1858β1940 | 1926β1932 | 1927β1932 | β | McKinley / Operation of law |
retirement |
3 | Byron Sylvester Waite | NY | 1852β1930 | 1926β1930 | β | β | T. Roosevelt / Operation of law |
retirement |
4 | Charles Paul McClelland | NY | 1854β1944 | 1926β1939 | 1934β1939 | β | T. Roosevelt / Operation of law |
retirement |
5 | Jerry Bartholomew Sullivan | NY | 1859β1948 | 1926β1939 | β | β | Wilson / Operation of law |
retirement |
6 | George Stewart Brown | NY | 1871β1941 | 1926β1941 | 1939β1940 | β | Wilson / Operation of law |
retirement |
7 | William C. Adamson | NY | 1854β1929 | 1926β1928 | β | β | Wilson / Operation of law |
retirement |
8 | George Emery Weller | NY | 1857β1932 | 1926β1930 | β | β | Wilson / Operation of law |
retirement |
9 | George M. Young | NY | 1870β1932 | 1926β1932 | 1932 | β | Coolidge / Operation of law |
death |
10 | William Josiah Tilson | NY | 1871β1949 | 1928β1949 | 1932β1934 | β | Coolidge | death |
11 | Genevieve R. Cline | NY | 1877β1959 | 1928β1953 | β | β | Coolidge | retirement |
12 | David Hayes Kincheloe | NY | 1877β1950 | 1930β1948 | β | β | Hoover | retirement |
13 | Walter Howard Evans | NY | 1870β1959 | 1931β1941 | β | β | Hoover | retirement |
14 | Frederick W. Dallinger | NY | 1871β1955 | 1932β1942 | β | β | Hoover | retirement |
15 | William John Keefe | NY | 1873β1955 | 1933β1947 | β | β | F. Roosevelt | retirement |
16 | Thomas Joseph Walker | NY | 1877β1945 | 1940β1945 | β | β | F. Roosevelt | death |
17 | Webster Oliver | NY | 1888β1969 | 1940β1967 | 1940β1965 | 1967β1969 | F. Roosevelt | death |
18 | William A. Ekwall | NY | 1887β1956 | 1942β1956 | β | β | F. Roosevelt | death |
19 | William Purington Cole Jr. | NY | 1889β1957 | 1942β1952 | β | β | F. Roosevelt | elevation to C.C.P.A. |
20 | Charles Drummond Lawrence | NY | 1878β1975 | 1943β1965 | β | 1965β1975 | F. Roosevelt | death |
21 | Irvin Charles Mollison | NY | 1898β1962 | 1945β1962 | β | β | Truman | death |
22 | Jed Johnson | NY | 1888β1963 | 1947β1963 | β | β | Truman | death |
23 | Paul Peter Rao | NY | 1899β1988 | 1948β1980 | 1965β1971 | β | Truman | reassignment to Intl. Trade |
24 | Morgan Ford | NY | 1911β1992 | 1949β1980 | β | β | Truman | reassignment to Intl. Trade |
25 | David John Wilson | NY | 1887β1976 | 1954β1966 | β | 1966β1976 | Eisenhower | death |
26 | Mary Donlon Alger | NY | 1893β1977 | 1955β1966 | β | 1966β1977 | Eisenhower | death |
27 | Scovel Richardson | NY | 1912β1982 | 1957β1980 | β | β | Eisenhower | reassignment to Intl. Trade |
28 | Philip Nichols Jr. | NY | 1907β1990 | 1964β1966 | β | β | L. Johnson | elevation to Ct. Cl. |
29 | Frederick Landis Jr. | NY | 1912β1990 | 1965β1980 | β | β | L. Johnson | reassignment to Intl. Trade |
30 | James Lopez Watson | NY | 1922β2001 | 1966β1980 | β | β | L. Johnson | reassignment to Intl. Trade |
31 | Lindley Beckworth | NY | 1913β1984 | 1967β1968 | β | β | L. Johnson | resignation |
32 | Herbert N. Maletz | NY | 1913β2002 | 1967β1980 | β | β | L. Johnson | reassignment to Intl. Trade |
33 | Bernard Newman | NY | 1907β1999 | 1968β1980 | β | β | L. Johnson | reassignment to Intl. Trade |
34 | Samuel Murray Rosenstein | NY | 1909β1995 | 1968β1970 | β | 1970β1980 | L. Johnson | reassignment to Intl. Trade |
35 | Edward D. Re | NY | 1920β2006 | 1968β1980 | 1977β1980 | β | L. Johnson | reassignment to Intl. Trade |
36 | Nils Boe | NY | 1913β1992 | 1971β1980 | 1971β1977 | β | Nixon | reassignment to Intl. Trade |
- ^ Reassigned from the Board of General Appraisers.
- ^ 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.
- ^ 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 Appraisersβ»
# | Member | State | Born/Died | Active service | President | Senior status | Appointed by | Reason for termination |
---|---|---|---|---|---|---|---|---|
1 | Charles H. Ham | NY | 1831β1902 | 1890β1902 | 1897β1902 | β | B. Harrison | resignation |
2 | George C. Tichenor | NY | 1838β1902 | 1890β1902 | 1890β1897 | β | B. Harrison | death |
3 | Joseph Biddle Wilkinson Jr. | NY | 1845β1915 | 1890β1899 | β | β | B. Harrison | resignation |
4 | James A. Jewell | NY | c. 1840β1912 | 1890β1903 | β | β | B. Harrison | resignation |
5 | Henderson M. Somerville | NY | 1837β1915 | 1890β1915 | 1910β1914 | β | B. Harrison | death |
6 | Ferdinand N. Shurtleff | NY | 1837β1903 | 1890β1899 | β | β | B. Harrison | removal |
7 | Joseph Lewis Stackpole | NY | 1838β1904 | 1890β1890 | β | β | B. Harrison | resignation |
8 | Thaddeus S. Sharretts | NY | 1850β1926 | 1890β1913 | β | β | B. Harrison | removal |
9 | George H. Sharpe | NY | 1828β1900 | 1890β1899 | β | β | B. Harrison | resignation |
10 | Wilbur Fisk Lunt | NY | 1848β1908 | 1891β1908 | β | β | B. Harrison | death |
11 | William Barberie Howell | NY | 1865β1927 | 1899β1926 | 1925β1926 | β | McKinley | reassignment to Cust Ct. |
12 | Israel F. Fischer | NY | 1858β1940 | 1899β1926 | 1902β1905 | β | McKinley | reassignment to Cust Ct. |
13 | Marion De Vries | NY | 1865β1939 | 1900β1910 | 1906β1910 | β | McKinley | elevation to C.C.P.A. |
14 | Byron Sylvester Waite | NY | 1852β1930 | 1902β1926 | β | β | T. Roosevelt | reassignment to Cust Ct. |
15 | Charles P. McClelland | NY | 1854β1944 | 1903β1926 | β | β | T. Roosevelt | reassignment to Cust Ct. |
16 | Eugene Gano Hay | NY | 1853β1933 | 1903β1923 | β | β | T. Roosevelt | retirement |
17 | Roy Chamberlain | NY | 1861β1953 | 1908β1913 | β | β | T. Roosevelt | removal |
18 | Samuel B. Cooper | NY | 1850β1918 | 1910β1918 | β | β | Taft | death |
19 | Jerry Bartholomew Sullivan | NY | 1859β1948 | 1913β1926 | 1914β1925 | β | Wilson | reassignment to Cust Ct. |
20 | George Stewart Brown | NY | 1871β1941 | 1913β1926 | β | β | Wilson | reassignment to Cust Ct. |
21 | William C. Adamson | NY | 1854β1929 | 1917β1926 | β | β | Wilson | reassignment to Cust Ct. |
22 | George Emery Weller | NY | 1857β1932 | 1919β1926 | β | β | Wilson | reassignment to Cust Ct. |
23 | George M. Young | NY | 1870β1932 | 1924β1926 | β | β | Coolidge | reassignment to Cust Ct. |
- ^ Removed from office by William McKinley.
- ^ Removed from office by William Howard Taft.
- ^ 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.
- ^ Recess appointment; formally nominated on December 5, 1900, confirmed by the Senate on December 10, 1900, date of commission is unknown.
- ^ Recess appointment; formally nominated on November 10, 1903, confirmed by the Senate on December 7, 1903, and received commission on December 8, 1903.
- ^ Recess appointment; formally nominated on November 10, 1903, confirmed by the Senate on November 24, 1903, and received commission on November 25, 1903.
- ^ Recess appointment; formally nominated on December 8, 1908, confirmed by the Senate on January 11, 1909, and received commission on January 15, 1909.
Chief judgesβ»
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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. 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 seatsβ»
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Referencesβ»
- ^ "About the Court". Court of International Trade. Retrieved March 12, 2021.
- ^ "About the Court". Court of International Trade. Jurisdiction of the Court. Retrieved March 12, 2021.
- ^ Patrick C. Reed, The Origins and Creation of the Board of General Appraisers, pp. 92-92.
- ^ "28 U.S. Code Β§ 251 - Appointment and number of judges; offices".
- ^ History of the United States Court of International Trade.
- ^ Jo Freeman, A Room at a Time: How Women Entered Party Politics, 2002: Rowman and Littlefield, p. 216 (ISBN 084769805X)
- ^ "The Coolidge Week", Time, May 14, 1928
- ^ William Ganson Rose, Cleveland: the Making of a City, 1990: Kent State Univ. Press, p. 854 (ISBN 0873384288)
- ^ "U.S. Customs Court: Legislative History β Federal Judicial Center". www.fjc.gov.
- ^ 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. 260β61, 278.
- ^ Public Law 108-70, 108th United States Congress.
- ^ 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 27β28, 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.
External linksβ»
- United States Court of International Trade, official site
- History of the court from the Federal Judicial Center