United States Court of International Trade

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

United States Court of International Trade
(Intl. Trade)
Location Lower Manhattan, New York City
Appeals to Federal Circuit
Established 1980
Authority Article III court
Created by 28 U.S.C. §§ 251258
Composition method Presidential nomination
with Senate advice and consent
Judges 9
Judge term length Life tenure
Chief Judge Timothy C. Stanceu
www.cit.uscourts.gov

The United States Court of International Trade (in case citations, Int'l Trade or Intl. Trade), formerly the United States Customs Court, and before that the Board of General Appraisers, 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.

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

History[edit]

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.[1]

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,[2] when President Calvin Coolidge nominated Genevieve R. Cline to the court.[3] Although many members of the United States Senate objected to Cline's appointment, both because of her gender, 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.[4]

On July 14, 1956, Congress made the United States Customs Court an Article III tribunal, again without changing its jurisdiction, powers, or procedures.[5] 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.[1]

Jurisdiction[edit]

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.

Procedure[edit]

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.

Courthouse[edit]

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.[6]

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.[7]

Current composition of the court[edit]

(current as of September 15, 2016)

  • By virtue of his seniority of age, Judge Barnett holds seniority over Judge Kelly, despite their identical commission dates.
# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
22 Chief Judge Timothy C. Stanceu New York City 1951 2003–present 2014–present G.W. Bush
20 Judge Delissa A. Ridgway New York City 1955 1998–present Clinton
23 Judge Leo M. Gordon New York City 1952 2006–present G.W. Bush
24 Judge Mark A. Barnett New York City 1963 2013–present Obama
25 Judge Claire R. Kelly New York City 1965 2013–present Obama
26 Judge Jennifer Choe Groves New York City 1969 2016–present Obama
27 Judge Gary Stephen Katzmann New York City 1953 2016–present Obama
28 Judge New York City
29 Judge New York City
10 Senior Judge Gregory W. Carman inactive 1937 1983–2014 1996–2003 2014–present Reagan
11 Senior Judge Jane A. Restani New York City 1948 1983–2015 2003–2010 2015–present Reagan
13 Senior Judge Thomas J. Aquilino Jr. New York City 1939 1985–2004 2004–present Reagan
15 Senior Judge R. Kenton Musgrave New York City 1927 1987–1997 1997–present Reagan
16 Senior Judge Richard W. Goldberg New York City 1927 1991–2001 2001–present G.H.W. Bush
19 Senior Judge Judith M. Barzilay inactive 1944 1998–2011 2011–present Clinton
21 Senior Judge Richard K. Eaton New York City 1948 1999–2014 2014–present Clinton

Vacancies and pending nominations[edit]

Seat Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
2 Donald C. Pogue Senior Status July 1, 2014 M. Miller Baker June 18, 2018
9 Richard K. Eaton Senior Status August 22, 2014 Timothy M. Reif

Past Judges of the United States Court of International Trade[edit]

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
Samuel Murray Rosenstein NY 1909–1995 1980–1995 Operation of law death
1 Paul Peter Rao NY 1899–1988 1980–1988 Operation of law death
2 Morgan Ford NY 1911–1992 1980–1985 1985–1992 Operation of law death
3 Scovel Richardson NY 1912–1982 1980–1982 Operation of law death
4 Frederick Landis Jr. NY 1912–1990 1980–1983 1983–1990 Operation of law death
5 James Lopez Watson NY 1922–2001 1980–1991 1991–2001 Operation of law death
6 Herbert N. Maletz NY 1913–2002 1980–1982 1982–2002 Operation of law death
7 Bernard Newman NY 1907–1999 1980–1983 1983–1999 Operation of law death
8 Edward D. Re NY 1920–2006 1980–1991 1980–1991 Operation of law retirement
9 Nils Boe NY 1913–1992 1980–1984 1984–1992 Operation of law death
12 Dominick L. DiCarlo NY 1928–1999 1984–1996 1991–1996 1996–1999 Reagan death
14 Nicholas Tsoucalas NY 1926–2018 1986–1996 1996–2018 Reagan death
17 Donald C. Pogue NY 1947–2016 1995–2014 2010–2014 2014–2016 Clinton death
18 Evan Wallach NY 1949–present 1995–2011 Clinton appointment to Fed. Cir.

Judges of the United States Customs Court[edit]

# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 William Barberie Howell NY 1865–1927 1926–1927 1926–1927 Operation of law death
2 Israel F. Fischer NY 1858–1940 1926–1932 1927–1932 Operation of law retirement
3 Byron Sylvester Waite NY 1852–1930 1926–1930 Operation of law retirement
4 Charles Paul McClelland NY 1854–1944 1926–1939 1934–1939 Operation of law retirement
5 Jerry Bartholomew Sullivan NY 1859–1948 1926–1939 Operation of law retirement
6 George Stewart Brown NY 1871–1941 1926–1941 1939–1940 Operation of law retirement
7 William C. Adamson NY 1854–1929 1926–1928 Operation of law retirement
8 George Emery Weller NY 1857–1932 1926–1930 Operation of law retirement
9 George M. Young NY 1870–1932 1926–1932 1932–1932 Operation of law death
10 William Josiah Tilson NY 1871–1949 1928–1949 1932–1934 Coolidge death
11 Genevieve R. Cline NY 1877–1959 1928–1953 Coolidge retirement
12 David Hayes Kincheloe NY 1877–1950 1930–1948 Hoover retirement
13 Walter Howard Evans NY 1870–1959 1931–1941 Hoover retirement
14 Frederick W. Dallinger NY 1871–1955 1932–1942 Hoover retirement
15 William John Keefe NY 1873–1955 1933–1947 F. Roosevelt retirement
16 Thomas Joseph Walker NY 1877–1945 1940–1945 F. Roosevelt death
17 Webster Oliver NY 1888–1969 1940–1967 1940–1965 1967–1969 F. Roosevelt death
18 William A. Ekwall NY 1887–1956 1942–1956 F. Roosevelt death
19 William Purington Cole Jr. NY 1889–1957 1942–1952 F. Roosevelt reappointment
20 Charles Drummond Lawrence NY 1878–1975 1943–1965 1965–1975 F. Roosevelt death
21 Irvin Charles Mollison NY 1898–1962 1945–1962 Truman death
22 Jed Johnson NY 1888–1963 1947–1963 Truman death
23 Paul Peter Rao NY 1899–1988 1948–1980 1965–1971 Truman reassignment
24 Morgan Ford NY 1911–1992 1949–1980 Truman reassignment
25 David John Wilson NY 1887–1976 1954–1966 1966–1976 Eisenhower death
26 Mary Donlon Alger NY 1893–1977 1955–1966 1966–1977 Eisenhower death
27 Scovel Richardson NY 1912–1982 1957–1980 Eisenhower reassignment
28 Philip Nichols Jr. NY 1907–1990 1964–1966 L. Johnson reappointment
29 Frederick Landis Jr. NY 1912–1990 1965–1980 L. Johnson reassignment
30 James Lopez Watson NY 1922–2001 1966–1980 L. Johnson reassignment
31 Lindley Beckworth NY 1913–1984 1967–1968 L. Johnson resignation
32 Herbert N. Maletz NY 1913–2002 1967–1980 L. Johnson reassignment
33 Bernard Newman NY 1907–1999 1968–1980 L. Johnson reassignment
34 Samuel Murray Rosenstein NY 1909–1995 1968–1970 1970–1980 L. Johnson reassignment
35 Edward D. Re NY 1920–2006 1968–1980 1977–1980 L. Johnson reassignment
36 Nils Boe NY 1913–1992 1971–1980 1971–1977 Nixon reassignment

Members of the Board of General Appraisers[edit]

# Member State Born/Died Active service President Senior status Appointed by Reason for
termination
1 Charles H. Ham NY 1831–1902 1890–1902 1897–1902 B. Harrison resignation
2 George C. Tichenor NY 1838–1902 1890–1902 1890–1897 B. Harrison death
3 Joseph Biddle Wilkinson Jr. NY 1845–1915 1890–1899 B. Harrison resignation
4 James A. Jewell NY ????–1912 1890–1903 B. Harrison resignation
5 Henderson M. Somerville NY 1837–1915 1890–1915 1910–1914 B. Harrison death
6 Ferdinand N. Shurtleff NY 1837–1903 1890–1899 B. Harrison removal[Note 1]
7 Joseph Lewis Stackpole NY 1838–1904 1890–1890 B. Harrison resignation
8 Thaddeus S. Sharretts NY 1850–1926 1890–1913 B. Harrison removal[Note 2]
9 George H. Sharpe NY 1828–1900 1890–1899 B. Harrison resignation
10 Wilbur Fisk Lunt NY 1848–1908 1891–1908 B. Harrison death
11 William Barberie Howell NY 1865–1927 1899–1926 1925–1926 McKinley reassignment
12 Israel F. Fischer NY 1858–1940 1899–1926 1902–1905 McKinley reassignment
13 Marion De Vries NY 1865–1939 1900–1910 1906–1910 McKinley reappointment
14 Byron Sylvester Waite NY 1852–1930 1902–1926 T. Roosevelt reassignment
15 Charles P. McClelland NY 1854–1944 1903–1926 T. Roosevelt reassignment
16 Eugene Gano Hay NY 1853–1933 1903–1923 T. Roosevelt retirement
17 Roy Chamberlain NY 1862–???? 1908–1913 T. Roosevelt removal[Note 2]
18 Samuel B. Cooper NY 1850–1918 1910–1918 Taft death
19 Jerry Bartholomew Sullivan NY 1859–1948 1913–1926 1914–1925 Wilson reassignment
20 George Stewart Brown NY 1871–1941 1913–1926 Wilson reassignment
21 William C. Adamson NY 1854–1929 1917–1926 Wilson reassignment
22 George Emery Weller NY 1857–1932 1919–1926 Wilson reassignment
23 George M. Young NY 1870–1932 1924–1926 Coolidge reassignment
  1. ^ Removed from office by William McKinley.
  2. ^ a b Removed from office by William Howard Taft.

Chief Judges[edit]

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 seats[edit]

References[edit]

  1. ^ a b History of the United States Court of International Trade.
  2. ^ Jo Freeman, A Room at a Time: How Women Entered Party Politics, 2002: Rowman and Littlefield, p. 216 (ISBN 084769805X)
  3. ^ "The Coolidge Week", Time, May 14, 1928
  4. ^ William Ganson Rose, Cleveland: the Making of a City, 1990: Kent State Univ. Press, p. 854 (ISBN 0873384288)
  5. ^ "U.S. Customs Court: Legislative History - Federal Judicial Center". www.fjc.gov.
  6. ^ 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.
  7. ^ Public Law 108-70, 108th United States Congress.

External links[edit]