Court of International Trade

Court of International Trade Type: Independent Agencies Parent organization: Top organization: Employees: 100 Executive: Chief Judge Budget: $20 million (fiscal year 2023) Address: One Federal Plaza, New York, NY 10278 Website: https://www.cit.uscourts.gov Creation Legislation: Customs Courts Act of 1980 Wikipedia: Court of International Trade

Court of International Trade [{"name":"Court of International Trade","title":"\u003Ca class=\"mw-selflink selflink\"\u003ECourt of International Trade\u003C\/a\u003E","lat":40.7028,"lon":-74.01196,"otherValues":{"HeadquartersAddress":"One Federal Plaza, New York, NY 10278"}}] This map created from a Cargo query ()

Mission The United States Court of International Trade adjudicates civil actions arising out of U.S. customs and international trade laws. It provides independent, consistent, fair, and impartial interpretation and application of these laws to foster improvements in customs and international trade practices.

Services Judicial review of trade disputes; Customs law adjudication; International trade law enforcement

Regulations Customs and trade laws under Title 19 of the U.S. Code

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 permitted to 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 limited to 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.

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.

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, 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.

Courthouse

File:United States Court of International Trade (48126614652).jpg

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. 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.

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 February 14,  2024 (2024 -02-14):

#	Title	Judge	Duty station	Born	Term of service			Appointed by
					Active	Chief	Senior
24	Chief Judge	Mark A. Barnett	New York City	1963	2013–present	2021–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 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	Stephen Vaden	New York City	1982	2020–present	—	—	Trump
31	Judge	Lisa Wang	New York City	1980	2024–present	—	—	Biden
32	Judge	Joseph A. Laroski	New York City	1971	2024–present	—	—	Biden
11	Senior Judge	Jane A. Restani	New York City	1948	1983–2015	2003–2010	2015–present	Reagan
13	Senior Judge	Thomas J. Aquilino	New York City	1939	1985–2004	—	2004–present	Reagan
19	Senior Judge	Judith 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
22	Senior Judge	Timothy C. Stanceu	New York City	1951	2003–2021	2014–2021	2021–present	G.W. Bush
23	Senior Judge	Leo M. Gordon	New York City	1952	2006–2019	—	2019–present	G.W. Bush Vacancies and pending nominations Seat Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination 9 Stephen Vaden Resignation TBD 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 L. Johnson / Operation of law death 1 Paul Peter Rao NY 1899–1988 1980–1988 — — Truman / Operation of law death 2 Morgan Ford NY 1911–1992 1980–1985 — 1985–1992 Truman / Operation of law death 3 Scovel Richardson NY 1912–1982 1980–1982 — — Eisenhower / Operation of law death 4 Frederick Landis Jr. NY 1912–1990 1980–1983 — 1983–1990 L. Johnson / Operation of law death 5 James Lopez Watson NY 1922–2001 1980–1991 — 1991–2001 L. Johnson / Operation of law death 6 Herbert N. Maletz NY 1913–2002 1980–1982 — 1982–2002 L. Johnson / Operation of law death 7 Bernard Newman NY 1907–1999 1980–1983 — 1983–1999 L. Johnson / Operation of law death 8 Edward D. Re NY 1920–2006 1980–1991 1980–1991 — L. Johnson / Operation of law retirement 9 Nils Boe NY 1913–1992 1980–1984 — 1984–1992 Nixon / 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 15 R. Kenton Musgrave CA 1927–2023 1987–1997 — 1997–2023 Reagan death 16 Richard W. Goldberg ND 1927–2023 1991–2001 — 2001–2023 G.H.W. Bush 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. 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 1926–1927 — McKinley / Operation of law death 2 Israel F. Fischer NY 1858–1940 1926–1932 1927–1932 — McKinley / Operation of law retirement 3 Byron Sylvester Waite NY 1852–1930 1926–1930 — — T. Roosevelt / Operation of law retirement 4 Charles Paul McClelland NY 1854–1944 1926–1939 1934–1939 — T. Roosevelt / Operation of law retirement 5 Jerry Bartholomew Sullivan NY 1859–1948 1926–1939 — — Wilson / Operation of law retirement 6 George Stewart Brown NY 1871–1941 1926–1941 1939–1940 — Wilson / Operation of law retirement 7 William C. Adamson NY 1854–1929 1926–1928 — — Wilson / Operation of law retirement 8 George Emery Weller NY 1857–1932 1926–1930 — — Wilson / Operation of law retirement 9 George M. Young NY 1870–1932 1926–1932 1932 — Coolidge / 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 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 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 Former members of the Board of General Appraisers
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
7	Joseph Lewis Stackpole	NY	1838–1904	1890–1890	—	—	B. Harrison	resignation
8	Thaddeus S. Sharretts	NY	1850–1926	1890–1913	—	—	B. Harrison	removal
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	1902–1905	—	McKinley	reassignment to Cust Ct.
13	Marion De Vries	NY	1865–1939	1900–1910	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	—	—	T. Roosevelt	reassignment to Cust Ct.
16	Eugene Gano Hay	NY	1853–1933	1903–1923	—	—	T. Roosevelt	retirement
17	Roy Chamberlain	NY	1861–1953	1908–1913	—	—	T. Roosevelt	removal
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.

Chief judges

President (Board of General Appraisers)
Tichenor	1890–1897
Ham	1897–1902
Fischer	1902–1905
De Vries	1906–1910
Somerville	1910–1914
Sullivan	1914–1925
Howell	1925–1926

Chief Judge (Customs Court)
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

Chief Judge (Court of International Trade)
Re	1980–1991
DiCarlo	1991–1996
Carman	1996–2003
Restani	2003–2010
Pogue	2010–2014
Stanceu	2014–2021
Barnett	2021–present

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

Seat 1
Seat established on June 10, 1890 by 26 Stat. 131, 136
Wilkinson, Jr.	1890–1899
De Vries	1900–1910
Cooper	1910–1918
Weller	1919–1930
Kincheloe	1930–1948
Rao	1948–1988
Goldberg	1991–2001
Stanceu	2003–2021
Laroski	2024–present

Seat 2
Seat established on June 10, 1890 by 26 Stat. 131, 136
Sharpe	1890–1899
Howell	1899–1927
Tilson	1928–1949
Ford	1949–1985
Musgrave	1987–1997
Eaton	1999–2014
Reif	2019–present

Seat 3
Seat established on June 10, 1890 by 26 Stat. 131, 136
Ham	1890–1902
Waite	1902–1930
Evans	1931–1941
Ekwall	1942–1956
Richardson	1957–1982
Carman	1983–2014
Choe-Groves	2016–present

Seat 4
Seat established on June 10, 1890 by 26 Stat. 131, 136
Shurtleff	1890–1899
Fischer	1899–1932
Dallinger	1932–1942
Lawrence	1943–1965
Landis, Jr.	1965–1983
Aquilino, Jr.	1985–2004
Gordon	2006–2019
Wang	2024–present

Seat 5
Seat established on June 10, 1890 by 26 Stat. 131, 136
Tichenor	1890–1902
Hay	1903–1923
Young	1924–1932
Keefe	1933–1947
Johnson	1947–1963
Watson	1966–1991
Pogue	1995–2014
Baker	2019–present

Seat 6
Seat established on June 10, 1890 by 26 Stat. 131, 136
Sharretts	1890–1913
Sullivan	1913–1939
Walker	1940–1945
Mollison	1945–1962
Nichols, Jr.	1964–1966
Maletz	1967–1982
Restani	1983–2015
Katzmann	2016–present

Seat 7
Seat established on June 10, 1890 by 26 Stat. 131, 136
Somerville	1890–1915
Adamson	1917–1928
Cline	1928–1953
Alger	1955–1966
Newman	1968–1983
DiCarlo	1984–1996
Barzilay	1998–2011
Barnett	2013–present

Seat 8
Seat established on June 10, 1890 by 26 Stat. 131, 136
Stackpole	1890
Lunt	1891–1908
Chamberlain	1908–1913
Brown	1913–1941
Cole, Jr.	1942–1952
Wilson	1954–1966
Beckworth	1967–1968
Re	1968–1991
Wallach	1995–2011
Kelly	2013–present

Seat 9
Seat established on June 10, 1890 by 26 Stat. 131, 136
Jewell	1890–1903
McClelland	1903–1939
Oliver	1940–1967
Rosenstein	1968–1970
Boe	1971–1984
Tsoucalas	1986–1996
Ridgway	1998–2019
Vaden	2020–present

External links

• United States Court of International Trade, official site
• History of the court from the Federal Judicial Center