United States Court of International Trade
Coordinates: 40°42′54″N 74°0′13″W / 40.71500°N 74.00361°W
The United States Court of International Trade, formerly the United States Customs Court, is an Article III court, with full powers in law and equity. The Customs Court Act of 1980 replaced the old United States Customs Court with the United States Court of International Trade. The Court has nine sitting Judges, as well as Senior Judges. The Court sits in New York City, although it is authorized to sit elsewhere, including in foreign nations.
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[edit] Jurisdiction
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 1988 Canadian-U.S. Free Trade Agreement.
[edit] Procedure
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 Court of Appeals for the Second Circuit.
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.
[edit] Courthouse
The James L. Watson Court of International Trade Building, located on Foley Square in lower Manhattan in New York City, houses the court. It is also known as 1 Federal Plaza and is adjacent to the Jacob K. Javits Federal Building.
The building is named for James L. Watson, a judge of the United States Customs Court.
[edit] Composition of the court and its predecessors
[edit] Judges of the United States Court of International Trade
(current as of August 17, 2012)
On July 12, 2012, President Obama nominated Mark A. Barnett to the vacancy created when Judith M. Barzilay took senior status. His nomination is currently pending before the United States Senate.
On November 14, 2012, President Obama nominated Claire R. Kelly to the vacancy created when Evan Wallach was elevated to the Federal Circuit. Her nomination is currently pending before the United States Senate.
| Chief Judge | |||
|---|---|---|---|
| Re | 1980–1991 | ||
| DiCarlo | 1991–1996 | ||
| Carman | 1996–2003 | ||
| Restani | 2003–2010 | ||
| Pogue | 2010–present | ||
| # | Judge | Appointing President |
Began active service |
Ended active service |
|---|---|---|---|---|
| 17 | Chief Judge Donald C. Pogue | Bill Clinton | August 14, 1995 | – |
| 10 | Judge Gregory W. Carman | Ronald Reagan | March 2, 1983 | – |
| 11 | Judge Jane A. Restani | Ronald Reagan | November 16, 1983 | – |
| 20 | Judge Delissa A. Ridgway | Bill Clinton | March 17, 1998 | – |
| 21 | Judge Richard K. Eaton | Bill Clinton | October 26, 1999 | – |
| 22 | Judge Timothy C. Stanceu | George W. Bush | March 10, 2003 | – |
| 23 | Judge Leo M. Gordon | George W. Bush | March 16, 2006 | – |
| – | Vacant - formerly Barzilay | – | – | – |
| – | Vacant - formerly Wallach | – | – | – |
| 13 | Senior Judge Thomas J. Aquilino, Jr. | Ronald Reagan | April 4, 1985 | December 10, 2004 |
| 14 | Senior Judge Nicholas Tsoucalas | Ronald Reagan | June 9, 1986 | September 30, 1996 |
| 15 | Senior Judge R. Kenton Musgrave | Ronald Reagan | November 9, 1987 | November 14, 1997 |
| 16 | Senior Judge Richard W. Goldberg | George H. W. Bush | March 25, 1991 | April 2, 2001 |
| 19 | Senior Judge Judith M. Barzilay | Bill Clinton | March 11, 1998 | June 2, 2011 |
[edit] Past Judges of the United States Court of International Trade
In addition to the listed Judges, Judge Samuel Murray Rosenstein served in senior status only on the court, having transferred by operation of law from the United States Customs Court on November 1, 1980, serving in that capacity until his death on December 11, 1995.
| # | Judge | Appointing President |
Began active service |
Ended active service |
Ended senior status |
Termination reason |
|---|---|---|---|---|---|---|
| 1 | Paul Peter Rao | Operation of law | November 1, 1980 | November 30, 1988 | – | Death |
| 2 | Morgan Ford | Operation of law | November 1, 1980 | December 31, 1985 | January 2, 1992 | Death |
| 3 | Scovel Richardson | Operation of law | November 1, 1980 | March 30, 1982 | – | Death |
| 4 | Frederick Landis, Jr. | Operation of law | November 1, 1980 | December 31, 1983 | March 1, 1990 | Death |
| 5 | James Lopez Watson | Operation of law | November 1, 1980 | February 28, 1991 | September 1, 2001 | Death |
| 6 | Herbert N. Maletz | Operation of law | November 1, 1980 | December 31, 1982 | January 6, 2002 | Death |
| 7 | Bernard Newman | Operation of law | November 1, 1980 | December 31, 1983 | April 22, 1999 | Death |
| 8 | Edward D. Re | Operation of law | November 1, 1980 | April 30, 1991 | – | Retirement |
| 9 | Nils Boe | Operation of law | November 1, 1980 | April 30, 1984 | July 30, 1992 | Death |
| 12 | Dominick L. DiCarlo | Ronald Reagan | June 11, 1984 | October 31, 1996 | April 27, 1999 | Death |
| 18 | Evan Wallach | Bill Clinton | August 14, 1995 | November 18, 2011 | – | Elevated to United States Court of Appeals for the Federal Circuit |
[edit] Judges of the United States Customs Court
| Chief Judge | |||
|---|---|---|---|
| Howell | 1926–1927 | ||
| Fischer | 1927–1932 | ||
| Young | 1932–1932 | ||
| Tilson | 1932–1934 | ||
| McClelland | 1934–1939 | ||
| Brown | 1939–1940 | ||
| Oliver | 1940–1965 | ||
| Rao | 1965–1971 | ||
| Boe | 1971–1977 | ||
| Re | 1977–1980 | ||
| # | Judge | Appointing President |
Began active service |
Ended active service |
Ended senior status |
Termination reason |
|---|---|---|---|---|---|---|
| 1 | William Barberie Howell | Operation of law | May 28, 1926 | April 4, 1927 | – | Death |
| 2 | Israel F. Fischer | Operation of law | May 28, 1926 | March 31, 1932 | – | Retirement |
| 3 | Byron Sylvester Waite | Operation of law | May 28, 1926 | November 1, 1930 | – | Retirement |
| 4 | Charles Paul McClelland | Operation of law | May 28, 1926 | September 30, 1939 | – | Retirement |
| 5 | Jerry Bartholomew Sullivan | Operation of law | May 28, 1926 | September 30, 1939 | – | Retirement |
| 6 | George Stewart Brown | Operation of law | May 28, 1926 | August 31, 1941 | – | Retirement |
| 7 | William C. Adamson | Operation of law | May 28, 1926 | January 20, 1928 | – | Retirement |
| 8 | George Emery Weller | Operation of law | May 28, 1926 | September 30, 1930 | – | Retirement |
| 9 | George M. Young | Operation of law | May 28, 1926 | May 27, 1932 | – | Death |
| 10 | William Josiah Tilson | Calvin Coolidge | February 28, 1928 | May 26, 1949 | – | Death |
| 11 | Genevieve R. Cline | Calvin Coolidge | May 26, 1928 | March 1, 1953 | – | Retirement |
| 12 | David Hayes Kincheloe | Herbert Hoover | September 22, 1930 | April 30, 1948 | – | Retirement |
| 13 | Walter Howard Evans | Herbert Hoover | February 23, 1931 | May 31, 1941 | – | Retirement |
| 14 | Frederick W. Dallinger | Herbert Hoover | July 8, 1932 | October 31, 1942 | – | Retirement |
| 15 | William John Keefe | Franklin D. Roosevelt | June 13, 1933 | January 15, 1947 | – | Retirement |
| 16 | Thomas Joseph Walker | Franklin D. Roosevelt | June 20, 1940 | January 18, 1945 | – | Death |
| 17 | Webster Oliver | Franklin D. Roosevelt | June 24, 1940 | June 24, 1967 | November 16, 1969 | Death |
| 18 | William A. Ekwall | Franklin D. Roosevelt | February 9, 1942 | October 15, 1956 | – | Death |
| 19 | William Purington Cole, Jr. | Franklin D. Roosevelt | May 14, 1942 | July 7, 1952 | – | Elevated to United States Court of Customs and Patent Appeals |
| 20 | Charles Drummond Lawrence | Franklin D. Roosevelt | February 22, 1943 | March 31, 1965 | February 12, 1975 | Death |
| 21 | Irvin Charles Mollison | Harry S. Truman | October 29, 1945 | May 5, 1962 | – | Death |
| 22 | Jed Johnson | Harry S. Truman | June 25, 1947 | May 8, 1963 | – | Death |
| 23 | Paul Peter Rao | Harry S. Truman | June 22, 1948 | November 1, 1980 | – | Reassignment to United States Court of International Trade |
| 24 | Morgan Ford | Harry S. Truman | July 15, 1949 | November 1, 1980 | – | Reassignment to United States Court of International Trade |
| 25 | David John Wilson | Dwight D. Eisenhower | July 26, 1954 | April 1, 1966 | April 23, 1976 | Death |
| 26 | Mary Donlon Alger | Dwight D. Eisenhower | August 1, 1955 | October 1, 1966 | March 5, 1977 | Death |
| 27 | Scovel Richardson | Dwight D. Eisenhower | April 8, 1957 | November 1, 1980 | – | Reassignment to United States Court of International Trade |
| 28 | Philip Nichols, Jr. | Lyndon B. Johnson | September 15, 1964 | November 3, 1966 | – | Elevated to United States Court of Claims |
| 29 | Frederick Landis, Jr. | Lyndon B. Johnson | October 16, 1965 | November 1, 1980 | – | Reassignment to United States Court of International Trade |
| 30 | James Lopez Watson | Lyndon B. Johnson | March 7, 1966 | November 1, 1980 | – | Reassignment to United States Court of International Trade |
| 31 | Lindley Beckworth | Lyndon B. Johnson | March 4, 1967 | August 31, 1968 | – | Resignation |
| 32 | Herbert N. Maletz | Lyndon B. Johnson | November 16, 1967 | November 1, 1980 | – | Reassignment to United States Court of International Trade |
| 33 | Bernard Newman | Lyndon B. Johnson | June 24, 1968 | November 1, 1980 | – | Reassignment to United States Court of International Trade |
| 34 | Samuel Murray Rosenstein | Lyndon B. Johnson | July 25, 1968 | December 31, 1970 | November 1, 1980 | Reassignment to United States Court of International Trade |
| 35 | Edward D. Re | Lyndon B. Johnson | October 4, 1968 | November 1, 1980 | – | Reassignment to United States Court of International Trade |
| 36 | Nils Boe | Richard Nixon | August 10, 1971 | November 1, 1980 | – | Reassignment to United States Court of International Trade |
[edit] Members of the Board of General Appraisers
| President | |||
|---|---|---|---|
| Tichenor | 1890–1897 | ||
| Ham | 1897–1902 | ||
| Fischer | 1902–1905 | ||
| De Vries | 1906–1910 | ||
| Somerville | 1910–1914 | ||
| Sullivan | 1914–1925 | ||
| Howell | 1925–1926 | ||
| # | Member | Appointing President |
Began active service |
Ended active service |
Termination reason |
|---|---|---|---|---|---|
| 1 | Charles H. Ham | Benjamin Harrison | July 16, 1890 | August 1, 1902 | Resignation |
| 2 | George C. Tichenor | Benjamin Harrison | July 16, 1890 | July 11, 1902 | Death |
| 3 | Joseph Biddle Wilkinson, Jr. | Benjamin Harrison | July 16, 1890 | December 15, 1899 | Resignation |
| 4 | James A. Jewell | Benjamin Harrison | July 17, 1890 | August 12, 1903 | Resignation |
| 5 | Henderson M. Somerville | Benjamin Harrison | July 22, 1890 | September 15, 1915 | Death |
| 6 | Ferdinand N. Shurtleff | Benjamin Harrison | July 22, 1890 | May 12, 1899 | Removed from office by William McKinley |
| 7 | Joseph Lewis Stackpole | Benjamin Harrison | July 22, 1890 | December 5, 1890 | Resignation |
| 8 | Thaddeus S. Sharretts | Benjamin Harrison | July 30, 1890 | March 3, 1913 | Removed from office by William Howard Taft |
| 9 | George H. Sharpe | Benjamin Harrison | November 16, 1890 | March 1, 1899 | Resignation |
| 10 | Wilbur Fisk Lunt | Benjamin Harrison | January 28, 1891 | May 28, 1908 | Death |
| 11 | William Barberie Howell | William McKinley | February 24, 1899 | May 28, 1926 | Reassignment to United States Customs Court |
| 12 | Israel F. Fischer | William McKinley | May 9, 1899 | May 28, 1926 | Reassignment to United States Customs Court |
| 13 | Marion De Vries | William McKinley | June 9, 1900 | April 2, 1910 | Elevated to United States Court of Customs Appeals |
| 14 | Byron Sylvester Waite | Theodore Roosevelt | June 25, 1902 | May 28, 1926 | Reassignment to United States Customs Court |
| 15 | Charles Paul McClelland | Theodore Roosevelt | August 21, 1903 | May 28, 1926 | Reassignment to United States Customs Court |
| 16 | Eugene Gano Hay | Theodore Roosevelt | September 21, 1903 | November 30, 1923 | Retirement |
| 17 | Roy Chamberlain | Theodore Roosevelt | June 3, 1908 | March 3, 1913 | Removed from office by William Howard Taft |
| 18 | Samuel B. Cooper | William Howard Taft | May 26, 1910 | August 21, 1918 | Death |
| 19 | Jerry Bartholomew Sullivan | Woodrow Wilson | April 29, 1913 | May 28, 1926 | Reassignment to United States Customs Court |
| 20 | George Stewart Brown | Woodrow Wilson | November 14, 1913 | May 28, 1926 | Reassignment to United States Customs Court |
| 21 | William C. Adamson | Woodrow Wilson | September 24, 1917 | May 28, 1926 | Reassignment to United States Customs Court |
| 22 | George Emery Weller | Woodrow Wilson | January 6, 1919 | May 28, 1926 | Reassignment to United States Customs Court |
| 23 | George M. Young | Calvin Coolidge | May 24, 1924 | May 28, 1926 | Reassignment to United States Customs Court |
[edit] References
Notes
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This article needs additional citations for verification. (February 2013) |
[edit] External links
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Wikimedia Commons has media related to: James L. Watson Court of International Trade |
- United States Court of International Trade, official site
- History of the court from the Federal Judicial Center
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