United States Court of International Trade

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
(Intl. Trade)
LocationLower Manhattan, New York City
Appeals toFederal Circuit
Established1980
AuthorityArticle III court
Created by28 U.S.C. §§ 251–258
Composition methodPresidential nomination
with Senate advice and consent
Judges9
Judge term lengthLife tenure
Chief JudgeTimothy C. Stanceu
www.cit.uscourts.gov

History

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 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.[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]

Courthouse
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.[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]

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 1994 North American Free Trade Agreement.

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 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 court

As of December 18, 2019:

# 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
24 Judge Mark A. Barnett New York City 1963 2013–present[Note 1] — — 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 Timothy M. Reif New York City 1959 2019–present — — Trump
29 Judge M. Miller Baker New York City 1962 2019–present — — Trump
30 Judge vacant New York City — — — — —
31 Judge vacant New York City — — — — —
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
  1. By virtue of his seniority of age, Judge Barnett holds seniority over Judge Kelly despite their identical commission dates.

Vacancies and pending nominations
Seat Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
4 Senior status Delissa A. Ridgway January 31, 2019 Stephen Vaden January 3, 2020
6 Leo M. Gordon March 22, 2019 – –

Former judges of the United States Court of International Trade
# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
— Samuel Murray Rosenstein NY 1909–1995 — — 1980–1995[Note 1] Operation of law death
1 Paul Peter Rao NY 1899–1988 1980–1988[Note 1] — — Operation of law death
2 Morgan Ford NY 1911–1992 1980–1985[Note 1] — 1985–1992 Operation of law death
3 Scovel Richardson NY 1912–1982 1980–1982[Note 1] — — Operation of law death
4 Frederick Landis Jr. NY 1912–1990 1980–1983[Note 1] — 1983–1990 Operation of law death
5 James Lopez Watson NY 1922–2001 1980–1991[Note 1] — 1991–2001 Operation of law death
6 Herbert N. Maletz NY 1913–2002 1980–1982[Note 1] — 1982–2002 Operation of law death
7 Bernard Newman NY 1907–1999 1980–1983[Note 1] — 1983–1999 Operation of law death
8 Edward D. Re NY 1920–2006 1980–1991[Note 1] 1980–1991 — Operation of law retirement
9 Nils Boe NY 1913–1992 1980–1984[Note 1] — 1984–1992 Operation of law death
10 Gregory W. Carman NY 1937–2020 1983–2014 1996–2003 2014–2020 Reagan 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 CT 1947–2016 1995–2014 2010–2014 2014–2016 Clinton death
18 Evan Wallach NV 1949–present 1995–2011 — — Clinton elevation to Fed. Cir.
  1. Reassigned from the United States Customs Court.

Former judges of the United States Customs Court
# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 William Barberie Howell NY 1865–1927 1926–1927[Note 1] 1926–1927 — Operation of law death
2 Israel F. Fischer NY 1858–1940 1926–1932[Note 1] 1927–1932 — Operation of law retirement
3 Byron Sylvester Waite NY 1852–1930 1926–1930[Note 1] — — Operation of law retirement
4 Charles Paul McClelland NY 1854–1944 1926–1939[Note 1] 1934–1939 — Operation of law retirement
5 Jerry Bartholomew Sullivan NY 1859–1948 1926–1939[Note 1] — — Operation of law retirement
6 George Stewart Brown NY 1871–1941 1926–1941[Note 1] 1939–1940 — Operation of law retirement
7 William C. Adamson NY 1854–1929 1926–1928[Note 1] — — Operation of law retirement
8 George Emery Weller NY 1857–1932 1926–1930[Note 1] — — Operation of law retirement
9 George M. Young NY 1870–1932 1926–1932[Note 1] 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[Note 2] — — 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 elevation to C.C.P.A.
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[Note 3] 1965–1971 — Truman reassignment to Intl. Trade
24 Morgan Ford NY 1911–1992 1949–1980 — — Truman reassignment to Intl. Trade
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 to Intl. Trade
28 Philip Nichols Jr. NY 1907–1990 1964–1966 — — L. Johnson elevation to Ct. Cl.
29 Frederick Landis Jr. NY 1912–1990 1965–1980 — — L. Johnson reassignment to Intl. Trade
30 James Lopez Watson NY 1922–2001 1966–1980 — — L. Johnson reassignment to Intl. Trade
31 Lindley Beckworth NY 1913–1984 1967–1968 — — L. Johnson resignation
32 Herbert N. Maletz NY 1913–2002 1967–1980 — — L. Johnson reassignment to Intl. Trade
33 Bernard Newman NY 1907–1999 1968–1980 — — L. Johnson reassignment to Intl. Trade
34 Samuel Murray Rosenstein NY 1909–1995 1968–1970 — 1970–1980 L. Johnson reassignment to Intl. Trade
35 Edward D. Re NY 1920–2006 1968–1980 1977–1980 — L. Johnson reassignment to Intl. Trade
36 Nils Boe NY 1913–1992 1971–1980 1971–1977 — Nixon reassignment to Intl. Trade
  1. 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
# 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 c.1840–1912 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 to Cust Ct.
12 Israel F. Fischer NY 1858–1940 1899–1926[Note 3] 1902–1905 — McKinley reassignment to Cust Ct.
13 Marion De Vries NY 1865–1939 1900–1910[Note 4] 1906–1910 — McKinley elevation to C.C.P.A.
14 Byron Sylvester Waite NY 1852–1930 1902–1926 — — T. Roosevelt reassignment to Cust Ct.
15 Charles P. McClelland NY 1854–1944 1903–1926[Note 5] — — T. Roosevelt reassignment to Cust Ct.
16 Eugene Gano Hay NY 1853–1933 1903–1923[Note 6] — — T. Roosevelt retirement
17 Roy Chamberlain NY 1862–???? 1908–1913[Note 7] — — 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 to Cust Ct.
20 George Stewart Brown NY 1871–1941 1913–1926 — — Wilson reassignment to Cust Ct.
21 William C. Adamson NY 1854–1929 1917–1926 — — Wilson reassignment to Cust Ct.
22 George Emery Weller NY 1857–1932 1919–1926 — — Wilson reassignment to Cust Ct.
23 George M. Young NY 1870–1932 1924–1926 — — Coolidge reassignment to Cust Ct.
  1. Removed from office by William McKinley.
  2. 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

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
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References
  1. 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.
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