United States Court of International Trade
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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.
|United States Court of International Trade|
|Location||Lower Manhattan, New York City|
|Appeals to||Federal Circuit|
|Authority||Article III court|
|Created by||28 U.S.C. §§ 251–258|
|Composition method||Presidential nomination|
with Senate advice and consent
|Judge term length||Life tenure|
|Chief Judge||Timothy C. Stanceu|
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 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.
On July 14, 1956, Congress made the United States Customs Court an Article III tribunal, again without changing its jurisdiction, powers, or 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.
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.
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.
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.
Current composition of the courtEdit
As of March 22, 2019, the judges of the court are as follows:
|#||Title||Judge||Duty station||Born||Term of service||Appointed by|
|22||Chief Judge||Timothy C. Stanceu||New York City||1951||2003–present||2014–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||—||—||—||—||—|
|30||Judge||—||New York City||—||—||—||—||—|
|31||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||inactive||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|
|20||Senior Judge||Delissa A. Ridgway||inactive||1955||1998–2019||—||2019–present||Clinton|
|21||Senior Judge||Richard K. Eaton||New York City||1948||1999–2014||—||2014–present||Clinton|
|23||Senior Judge||Leo M. Gordon||New York City||1952||2006–2019||—||2019–present||G.W. Bush|
- By virtue of his seniority of age, Judge Barnett holds seniority over Judge Kelly, despite their identical commission dates.
Vacancies and pending nominationsEdit
|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||January 23, 2019|
|9||Richard K. Eaton||August 22, 2014||Timothy M. Reif|
|4||Delissa A. Ridgway||January 31, 2019||–||–|
|6||Leo M. Gordon||March 22, 2019||–||–|
Former Judges of the United States Court of International TradeEdit
|#||Judge||State||Born–died||Active service||Chief Judge||Senior status||Appointed by||Reason for|
|—||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|
|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.|
Former judges of the United States Customs CourtEdit
|#||Judge||State||Born–died||Active service||Chief Judge||Senior status||Appointed by||Reason for|
|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|
|23||Paul Peter Rao||NY||1899–1988||1948–1980||1965–1971||—||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|
|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|
Former members of the Board of General AppraisersEdit
|#||Member||State||Born/Died||Active service||President||Senior status||Appointed by||Reason for|
|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|
|President (Board of General Appraisers)|
|Chief Judge (Customs Court)|
|Chief Judge (Court of International Trade)|
Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve unless the circuit justice (i.e., the Supreme Court justice responsible for the circuit) is 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 circuit 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.
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.
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 seatsEdit
- 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 – 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. 260–61, 278.
- Public Law 108-70, 108th United States Congress.