US (United States) Code. Title 28. Part I. Chapter 11: Court of International Trade

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 11 - COURT OF INTERNATIONAL TRADE 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 11 - COURT OF INTERNATIONAL TRADE

-HEAD-

CHAPTER 11 - COURT OF INTERNATIONAL TRADE

-MISC1-

Sec.

251. Appointment and number of judges; offices.

252. Tenure and salaries of judges.

253. Duties of chief judge.

254. Single-judge trial.

255. Three-judge trials.

256. Trials at ports other than New York.

257. Publication of decisions.

258. Chief judges; precedence of judges.

HISTORICAL AND REVISION NOTES

The "Board of General Appraisers" was designated "United States

Customs Court" by act May 28, 1926, ch. 411, Sec. 1, 44 Stat. 669.

General provisions concerning such court were incorporated in

section 1518 of title 19, U.S.C., 1940 ed., Customs Duties, until

amended by act October 10, 1940, ch. 843, Sec. 1, 54 Stat. 1101,

adding a new section to the Judicial Code of 1911, when they were

transferred to section 296 of title 28, U.S.C., 1940 ed. They are

retained in title 28 by this revision.

In this connection former Congressman Walter Chandler said,

"Among the major subjects needing study and revision are special

courts, such as the Customs Court, which should be fitted into the

judicial system." (See U.S. Law Weekly, Nov. 7, 1939.)

HISTORY OF COURT

The United States Customs Court [now Court of International

Trade] as "constituted on June 17, 1930", consisted of nine members

as provided by act Sept. 21, 1922, ch. 356, title IV, Sec. 518, 42

Stat. 972, which established the Board of General Appraisers,

designated the "United States Customs Court" by act May 28, 1926,

ch. 411, Sec. 1, 44 Stat. 669.

Provisions similar to these were contained in act Sept. 21, 1922,

ch. 356, title IV, Sec. 518, 42 Stat. 972. That section was

superseded by section 518 of the Tariff Act of 1930, and was

repealed by section 651 (a)(1) of said 1930 act.

The sentence in the former first paragraph as to sitting in a

case previously participated in, is from act Aug. 5, 1909, ch. 6,

Sec. 28, 36 Stat. 98, which combined and amended Customs

Administrative Act June 10, 1890, ch. 407, Sec. 12, 26 Stat. 136,

and section 31, as added by act May 27, 1908, ch. 205, 35 Stat.

406. Section 12 of the act of 1890 was expressly saved from repeal

by act Sept. 21, 1922, ch. 356, title IV, Sec. 643, 42 Stat. 989,

and prior acts, but its provisions, other than the sentence above

mentioned, were omitted from the Code.

Provisions for the review of decisions of Boards of General

Appraisers by the Circuit Courts, made by section 15 of the Customs

Administrative Act of June 10, 1890, ch. 407, were superseded by

provisions for such review by the Court of Customs Appeals created

by section 29 added to that act by the Payne-Aldrich Tariff Act of

Aug. 5, 1909, ch. 6. The provisions of said new section 29 were

incorporated in and superseded by chapter 8 of the Judicial Code of

March 3, 1911, incorporated into the Code as former chapter 8 of

Title 28, Judicial Code and Judiciary.

R.S. Sec. 2608 provided for the appointment of four appraisers of

merchandise, to be employed in visiting ports of entry under the

direction of the Secretary of the Treasury, and to assist in the

appraisement of merchandise as might be deemed necessary by the

Secretary to protect and insure uniformity in the collection of the

revenue from customs. It was repealed by act June 10, 1890, ch.

407, Sec. 29, 26 Stat. 141.

R.S. Sec. 2609 provided for the appointment of merchant

appraisers. R.S. Sec. 2610 made every merchant refusing to serve as

such appraiser liable to a penalty. Both sections were superseded

by the provisions relating to appraisers and appraisements of the

Customs Administrative Act of June 10, 1890, ch. 407, 26 Stat. 131,

and subsequent acts, and were repealed by act Sept. 21, 1922, ch.

356, title IV, Sec. 642, 42 Stat. 989.

R.S. Sec. 2945, which contained a provision similar to that of

R.S. Sec. 2610, was repealed, without mention of section 2610, by

said Customs Administrative Act of June 10, 1890, ch. 407, Sec. 29,

26 Stat. 141, and was again repealed by section 642 of act Sept.

21, 1922.

R.S. Sec. 2725, which prescribed the compensation of merchant

appraisers, and section 2726, which prescribed the salary of the

general appraiser at New York, were superseded by the provisions

relating to general appraisers and appraisers made by the Customs

Administrative Act of June 10, 1890, ch. 407, Secs. 12, 13, 26

Stat. 136, as amended by the Payne-Aldrich Act of Aug. 5, 1909, ch.

6, Sec. 28.

R.S. Sec. 2727 fixed the salary of the four general appraisers at

the sum of $2,500 a year each, and their actual traveling expenses.

It was repealed by act Feb. 27, 1877, ch. 69, 19 Stat. 246.

AMENDMENTS

1996 - Pub. L. 104-317, title V, Sec. 501(b)(3), Oct. 19, 1996,

110 Stat. 3856, substituted "Duties of chief judge" for "Duties of

chief judge; precedence of judges" in item 253 and added item 258.

1980 - Pub. L. 96-417, title V, Sec. 501(2), Oct. 10, 1980, 94

Stat. 1742, substituted "COURT OF INTERNATIONAL TRADE" for "CUSTOMS

COURT" in chapter heading.

1970 - Pub. L. 91-271, title I, Sec. 123(a), June 2, 1970, 84

Stat. 282, substituted "Single-judge trial" for "Divisions; powers

and assignments" in item 254 and "Three-judge trials" for

"Publication of decisions" in item 255 and added items 256 and 257.

-CROSS-

RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE

See Appendix to this title.

-End-

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28 USC Sec. 251 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 11 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 251. Appointment and number of judges; offices

-STATUTE-

(a) The President shall appoint, by and with the advice and

consent of the Senate, nine judges who shall constitute a court of

record to be known as the United States Court of International

Trade. Not more than five of such judges shall be from the same

political party. The court is a court established under article III

of the Constitution of the United States.

(b) The offices of the Court of International Trade shall be

located in New York, New York.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 899; July 14, 1956, ch. 589, Sec.

1, 70 Stat. 532; Pub. L. 96-417, title I, Sec. 101, Oct. 10, 1980,

94 Stat. 1727; Pub. L. 104-317, title V, Sec. 501(b)(1), Oct. 19,

1996, 110 Stat. 3856.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 296 (Mar. 3, 1911, ch.

231, Sec. 187(a), as added Oct. 10, 1940, ch. 843, Sec. 1, 54 Stat.

1101).

This section contains only a part of section 296 of title 28,

U.S.C., 1940 ed. Other provisions of such section are incorporated

in sections 252, 253, 254, 455, 1581, 2071, 2639, and 2640 of this

title.

The provision that vacancies should be filled by appointment of

the President and confirmed by the Senate was omitted as

unnecessary in view of the language of the revised section.

Words "a court of record known as" were added. (See Reviser's

Note under section 171 of this title.)

The term "chief judge" was substituted for "presiding judge."

(See reviser's note under section 136 of this title.)

The provisions of such section 296 of title 28, U.S.C., 1940 ed.,

relating to assignment and powers of retired judges were omitted as

covered by sections 294 and 296 of this title.

Changes in phraseology were made.

AMENDMENTS

1996 - Subsecs. (b), (c). Pub. L. 104-317 redesignated subsec.

(c) as (b) and struck out former subsec. (b) which read as follows:

"The President shall designate one of the judges of the Court of

International Trade who is less than seventy years of age to serve

as chief judge. The chief judge shall continue to serve as chief

judge until he reaches the age of seventy years and another judge

is designated as chief judge by the President. After the

designation of another judge to serve as chief judge, the former

chief judge may continue to serve as a judge of the court."

1980 - Subsec. (a). Pub. L. 96-417 incorporated first par. in

provisions designated subsec. (a), redesignated the United States

Customs Court as the United States Court of International Trade,

and deleted "appointed" before "shall be".

Subsec. (b). Pub. L. 96-417 added subsec. (b) and struck out a

second paragraph requiring the President to designate from time to

time one of the judges to act as chief judge.

Subsec. (c). Pub. L. 96-417 designated third par. as subsec. (c)

and substituted "Court of International Trade" for "court" and

"located in New York, New York" for "located at the port of New

York".

1956 - Act July 14, 1956, declared the Customs Court to be a

court established under article III of the Constitution of the

United States.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 701 of Pub. L. 96-417, as amended by Pub. L. 96-542, Sec.

1, Dec. 17, 1980, 94 Stat. 3209, provided that:

"(a) Except as otherwise provided in this section, the provisions

of and amendments made by this Act [see section 1 of Pub. L.

96-417, set out as a Short Title of 1980 Amendment note under

section 1 of this title] shall take effect on November 1, 1980 and

shall apply with respect to civil actions pending on or commenced

on or after such date.

"(b)(1) The following sections of title 28, United States Code,

shall apply with respect to civil actions commenced on or after the

effective date of this Act [Nov. 1, 1980]:

"(A) Sections 1581(d), 1581(g), 1581(h), 1581(i), and 1583, as

amended by section 201 of this Act.

"(B) Sections 2631(d), 2631(g), 2631(h), 2631(i), 2631(j),

2632(a), 2635, 2636, 2637(c), 2639(b), 2640(a)(5), 2640(c),

2640(d), 2643(a), 2643(c)(2), 2643(c)(4), and 2644, as amended by

section 301 of this Act.

"(C) Section 1876, as added by section 302(a) of this Act.

"(D) Sections 2601 and 2602, as amended by section 403 of this

Act.

"(E) Section 1919, as amended by section 510 of this Act.

"(F) Section 1963A, as added by section 511(a) of this Act.

"(2) Sections 337(c) and 641(b) of the Tariff Act of 1930 [19

U.S.C. 1337(c) and 1641(b)], as amended by sections 604 and 611 of

this Act, shall apply with respect to civil actions commenced on or

after the effective date of this Act.

"(3) Section 284 of the Trade Act of 1974 [19 U.S.C. 2395], as

added by section 613 of this Act, shall apply with respect to civil

actions commenced on or after the effective date of this Act.

"(c)(1) The following sections of title 28, United States Code,

shall apply with respect to civil actions commenced on or after the

90th day after the effective date of this Act [Nov. 1, 1980]:

"(A) Sections 1582, 2639(a)(2), and 2640(a)(6), as amended by

sections 201 and 301 of this Act.

"(B) Sections 1352, 1355, and 1356, as amended by sections 506,

507, and 508 of this Act.

"(2) Section 592(e) of the Tariff Act of 1930 [19 U.S.C.

1592(e)], as amended by section 609 of this Act, shall apply with

respect to civil actions commenced on or after 90th day after the

effective date of this Act."

[Amendment of section 701 of Pub. L. 96-417, set out above, by

Pub. L. 96-542 effective as of Nov. 1, 1980, see section 3 of Pub.

L. 96-542, set out as a note under section 1516a of Title 19,

Customs Duties.]

REFERENCES TO CERTAIN COURTS DEEMED REFERENCES TO THE UNITED STATES

COURT OF INTERNATIONAL TRADE

Section 702 of Pub. L. 96-417 provided that: "Any reference in

any statute or regulation of the United States to the United States

Customs Court, the U.S. Customs Court, or the Customs Court shall

be deemed to be a reference to the United States Court of

International Trade."

EFFECT ON CUSTOMS COURT JUDGES

Section 703 of Pub. L. 96-417 provided that:

"(a) Except as provided in subsection (b) of this section, the

amendments made by title I of this Act [amending this section and

section 293 of this title] shall not affect the status of any

individual serving as judge or chief judge of the Customs Court on

the date of enactment of this Act [Oct. 10, 1980].

"(b) The requirement that a person may not continue to serve as

chief judge of the Court of International Trade after having

reached the age of seventy years, as set forth in the amendment

made by section 101 of this Act [amending this section], shall

apply to any individual serving as chief judge on or after the date

of enactment of this Act [Oct. 10, 1980]."

EFFECT ON PENDING CASES

Section 704 of Pub. L. 96-417 provided that: "Nothing in this Act

[see section 1 of Pub. L. 96-417, set out as a Short Title of 1980

Amendment note under section 1 of this title] shall cause the

dismissal of any action commenced prior to the date of enactment of

this Act [Oct. 10, 1980] under jurisdictional statutes relating to

the Customs Court or the Court of Customs and Patent Appeals as in

effect immediately prior to such date of enactment [Oct. 10,

1980]."

TENNESSEE VALLEY AUTHORITY LEGAL REPRESENTATION

Section 705 of Pub. L. 96-417 provided that: "Nothing in this Act

[see section 1 of Pub. L. 96-417, set out as a Short Title of 1980

Amendment note under section 1 of this title] affects the authority

of the Tennessee Valley Authority under the Tennessee Valley

Authority Act of 1933 [16 U.S.C. 831 et seq.] to represent itself

by attorneys of its choosing."

LIMITATION OR ALTERATION OF JURISDICTION

Section 4 of act July 14, 1956, provided that: "Nothing contained

in this Act [amending this section and sections 292, 293, and 295

of this title] shall be construed in any way to limit or alter the

jurisdiction heretofore conferred upon the United States Customs

Court [now Court of International Trade] by any provision of law."

CONTINUATION OF ORGANIZATION OF COURT

Section 2(b) of act June 25, 1948, provided in part that the

provisions of this title as set out in section 1 of act June 25,

1948, with respect to the organization of the court, shall be

construed as continuations of existing law, and the tenure of the

judges, officers, and employees, in office on Sept. 1, 1948, shall

not be affected by its enactment, but each of them shall continue

to serve in the same capacity under the appropriate provisions of

this title, pursuant to his prior appointment.

-End-

-CITE-

28 USC Sec. 252 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 11 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 252. Tenure and salaries of judges

-STATUTE-

Judges of the Court of International Trade shall hold office

during good behavior. Each shall receive a salary at an annual rate

determined under section 225 of the Federal Salary Act of 1967 (2

U.S.C. 351-361), as adjusted by section 461 of this title.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 899; Mar. 2, 1955, ch. 9, Sec.

1(f), 69 Stat. 10; Pub. L. 88-426, title IV, Sec. 403(f), Aug. 14,

1964, 78 Stat. 434; Pub. L. 94-82, title II, Sec. 205(b)(6), Aug.

9, 1975, 89 Stat. 423; Pub. L. 96-417, title V, Sec. 502, Oct. 10,

1980, 94 Stat. 1742.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 296 (Mar. 3, 1911, ch.

231, Sec. 187(a), as added Oct. 10, 1940, ch. 843, Sec. 1, 54 Stat.

1101; July 31, 1946, ch. 704, Sec. 1, 60 Stat. 716).

This section contains a part of section 296 of title 28, U.S.C.,

1940 ed., Other provisions of such section are incorporated in

sections 251, 253, 254, 456, 1581, 2071, 2639, and 2640 of this

title.

A provision exempting judge's salaries from section 1790 of the

Revised Statutes was omitted, as such section was repealed by act

Aug. 26, 1935, ch. 689, Sec. 1, 49 Stat. 864.

A provision for monthly salary payments was omitted since time of

payment is a matter for administrative determination.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

Section 225 of the Federal Salary Act of 1967, referred to in

text, is section 225 of Pub. L. 90-206, Dec. 16, 1967, 81 Stat.

642, as amended, which is classified to chapter 11 (Sec. 351 et

seq.) of Title 2, The Congress.

-MISC2-

AMENDMENTS

1980 - Pub. L. 96-417 substituted "Judges of the Court of

International Trade" for "Judge of the Customs Court".

1975 - Pub. L. 94-82 substituted provision that each judge shall

receive a salary at an annual rate determined under section 225 of

the Federal Salary Act of 1967, as adjusted by section 461 of this

title, for provision that each judge shall receive a salary of

$30,000 a year.

1964 - Pub. L. 88-426 increased salaries of judges from $22,500

to $30,000 a year.

1955 - Act Mar. 2, 1955, increased salaries of judges from

$15,000 to $22,500 a year.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on first day of first pay

period which begins on or after July 1, 1964, except to the extent

provided in section 501(c) of Pub. L. 88-426, see section 501 of

Pub. L. 88-426.

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see

section 5 of act Mar. 2, 1955, set out as a note under section 31

of Title 2, The Congress.

SALARY INCREASES

2003 - Salaries of judges increased to $154,700 per annum,

effective on first day of first pay period beginning on or after

Jan. 1, 2003, by Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133,

as amended by Ex. Ord. No. 13291, Sec. 3, Mar. 21, 2003, 68 F.R.

14525, set out as a note under section 5332 of Title 5, Government

Organization and Employees.

2002 - Salaries of judges increased to $150,000 per annum,

effective on first day of first pay period beginning on or after

Jan. 1, 2002, by Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639,

formerly set out as a note under section 5332 of Title 5.

2001 - Salaries of judges increased to $145,100 per annum,

effective on first day of first pay period beginning on or after

Jan. 1, 2001, by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879,

66 F.R. 10057, formerly set out as a note under section 5332 of

Title 5.

2000 - Salaries of judges increased to $141,300 per annum,

effective on first day of first pay period beginning on or after

Jan. 1, 2000, by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237,

formerly set out as a note under section 5332 of Title 5.

1999 - Salaries of judges continued at $136,700 per annum, by Ex.

Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a

note under section 5332 of Title 5.

1998 - Salaries of judges increased to $136,700 per annum,

effective on first day of first pay period beginning on or after

Jan. 1, 1998, by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521,

formerly set out as a note under section 5332 of Title 5.

1997 - Salaries of judges continued at $133,600 per annum, by Ex.

Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a

note under section 5332 of Title 5.

1996 - Salaries of judges continued at $133,600 per annum, by Ex.

Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a

note under section 5332 of Title 5.

1995 - Salaries of judges continued at $133,600 per annum, by Ex.

Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out as a

note under section 5332 of Title 5.

1993 - Salaries of judges increased to $133,600 per annum,

effective on first day of first pay period beginning on or after

Jan. 1, 1993, by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909,

formerly set out as a note under section 5332 of Title 5.

1992 - Salaries of judges increased to $129,500 per annum,

effective on first day of first pay period beginning on or after

Jan. 1, 1992, by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453,

formerly set out as a note under section 5332 of Title 5.

1991 - Salaries of judges increased to $125,100 per annum,

effective on first day of first pay period beginning on or after

Jan. 1, 1991, by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385,

formerly set out as a note under section 5332 of Title 5.

1990 - Salaries of judges continued at $89,500 per annum, and

increased to $96,600, effective on first day of first pay period

beginning on or after Jan. 31, 1990, by Ex. Ord. No. 12698, Dec.

23, 1989, 54 F.R. 53473, formerly set out as a note under section

5332 of Title 5.

1989 - Salaries of judges increased in the amount of 25 percent

of their rates (as last in effect before the increase), effective

Jan. 1, 1991, see Pub. L. 101-194, title VII, Sec. 703(a)(3), Nov.

30, 1989, 103 Stat. 1768, set out as a note under section 5318 of

Title 5.

Salaries of judges continued at $89,500 per annum by Ex. Ord. No.

12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under

section 5332 of Title 5.

1988 - Salaries of judges continued at $89,500 per annum by Ex.

Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a

note under section 5332 of Title 5.

1987 - Salaries of judges increased to $89,500 per annum, on

recommendation of the President of the United States, see note set

out under section 358 of Title 2, The Congress.

Salaries of judges increased to $81,100 effective on first day of

first pay period beginning on or after Jan. 1, 1987, by Ex. Ord.

No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note

under section 5332 of Title 5, Government Organization and

Employees.

1985 - Salaries of judges increased to $78,700 effective on first

day of first pay period beginning on or after Jan. 1, 1985, by Ex.

Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord.

No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note

under section 5332 of Title 5.

1984 - Salaries of judges increased to $76,000 effective on first

day of first pay period beginning on or after Jan. 1, 1984, by Ex.

Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No.

12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14,

1984, 49 F.R. 36493, formerly set out as a note under section 5332

of Title 5.

1982 - Salaries of judges increased to $73,100 effective on first

day of first pay period beginning on or after Oct. 1, 1982, by Ex.

Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a

note under section 5332 of Title 5. Ex. Ord. No. 12387 further

provided that pursuant to section 140 of Pub. L. 97-92 funds are

not available to pay a salary at a rate which exceeds rate in

effect on Dec. 15, 1981, which was $70,300.

Maximum rate payable after Dec. 17, 1982, increased from $70,300

to $73,100, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21,

1982, 96 Stat. 1914, set out as a note under section 5318 of Title

5.

Limitations on use of funds for fiscal year ending Sept. 30,

1983, appropriated by any Act to pay salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of Executive Schedule, see

section 101(e) of Pub. L. 97-276, as amended, set out as a note

under section 5318 of Title 5.

1981 - Salaries of judges increased to $70,300 effective on first

day of first pay period beginning on or after Oct. 1, 1981, by Ex.

Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a

note under section 5332 of Title 5.

Limitations on use of funds for fiscal year ending Sept. 30,

1982, appropriated by any Act to pay salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of Executive Schedule, see

sections 101(g) and 141 of Pub. L. 97-92, set out as a note under

section 5318 of Title 5.

1980 - Salaries of judges increased to $67,100 effective on first

day of first pay period beginning on or after Oct. 1, 1980, by Ex.

Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a

note under section 5332 of Title 5. Ex. Ord. No. 12248 further

provided that pursuant to Pub. L. 96-369 funds are not available to

pay a salary at a rate which exceeds rate in effect on Sept. 30,

1980, which was $57,497.50.

Limitations on use of funds for fiscal year ending Sept. 30,

1981, appropriated by any Act to pay salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of Executive Schedule, see

section 101(c) of Pub. L. 96-536, as amended, set out as a note

under section 5318 of Title 5.

1979 - Salaries of judges increased to $61,500 effective on first

day of first pay period beginning on or after Oct. 1, 1979, by Ex.

Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord.

No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a note

under section 5332 of Title 5. Ex. Ord. No. 12165 further provided

that pursuant to Pub. L. 96-86 funds appropriated for fiscal year

1980 may not be used to pay a salary at a rate which exceeds an

increase of 5.5 percent over applicable rate payable for such

position or office in effect on Sept. 30, 1978, which was

$57,497.50.

Applicability to funds appropriated by any Act for fiscal year

ending Sept. 30, 1980, of limitation of section 304 of Pub. L.

95-391 on use of funds to pay salary or pay of any individual in

legislative, executive, or judicial branch in position equal to or

above Level V of Executive Schedule, see section 101 of Pub. L.

96-86, set out as a note under section 5318 of Title 5.

1978 - Salaries of judges increased to $57,500 effective on first

day of first pay period beginning on or after Oct. 1, 1978, by Ex.

Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out as a

note under section 5332 of Title 5. Ex. Ord. No. 12087, further

provided that pursuant to the Legislative Branch Appropriation Act,

1979 [Pub. L. 95-391, title III, Sec. 304, Sept. 30, 1978, 92 Stat.

788, set out as a note under section 5318 of Title 5], funds are

not available to pay a salary at a rate which exceeds rate in

effect on Sept. 30, 1978, which was $54,500.

1977 - Salaries of judges increased to $54,500 per annum, on

recommendation of President of United States, see note set out

under section 358 of Title 2, The Congress.

1976 - Salaries of judges increased to $44,000 effective on first

day of first pay period beginning on or after Oct. 1, 1976, see Ex.

Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out as a

note under section 5332 of Title 5, Government Organization and

Employees. Ex. Ord. No. 11941, further provided that pursuant to

Legislative Branch Appropriation Act, 1977, funds are not available

to pay a salary at a rate which exceeds rate in effect on Sept. 30,

1976, which was $42,000.

1969 - Salaries of judges increased from $30,000 to $40,000 per

annum, commencing Feb. 14, 1969, on recommendation of the President

of the United States, see note set out under section 358 of Title

2, The Congress.

1946 - Salaries of presiding judge and associate judges increased

from $10,000 to $15,000 a year by act July 31, 1946, ch. 704, Sec.

1, 60 Stat. 716.

1930 - Salaries of presiding judge and associate judges increased

from $9,000 to $10,000 a year by the Tariff Act of 1930, act June

17, 1930, ch. 497, title IV, Sec. 518, 46 Stat. 737.

-End-

-CITE-

28 USC Sec. 253 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 11 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 253. Duties of chief judge

-STATUTE-

(a) The chief judge of the Court of International Trade, with the

approval of the court, shall supervise the fiscal affairs and

clerical force of the court; (!1)

(b) The chief judge shall promulgate dockets.

(c) The chief judge, under rules of the court, may designate any

judge or judges of the court to try any case and, when the

circumstances so warrant, reassign the case to another judge or

judges.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 900; Pub. L. 86-243, Sec. 3,

Sept. 9, 1959, 73 Stat. 474; Pub. L. 91-271, title I, Sec. 105,

June 2, 1970, 84 Stat. 276; Pub. L. 96-417, title V, Sec. 501(3),

Oct. 10, 1980, 94 Stat. 1742; Pub. L. 104-317, title V, Sec.

501(b)(2), Oct. 19, 1996, 110 Stat. 3856.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 296 (Mar. 3, 1911, ch.

231, Sec. 187(a), as added Oct. 10, 1940, ch. 843, Sec. 1, 54 Stat.

1101).

This section contains a part of section 296 of title 28, U.S.C.,

1940 ed. Other provisions of such section are incorporated in

sections 251, 252, 254, 456, 1581, 2071, 2639, and 2640 of this

title.

Provision respecting recommendations for appointment, promotions,

or otherwise affecting such clerical force, was omitted as

unnecessary in view of section 871 of this title.

The second paragraph is partly new and conforms with similar

provisions of section 136(e) of this title, relating to the chief

judges of district courts.

The term "chief judge" was substituted for "presiding judge."

(See Reviser's Note under section 136 of this title.)

Changes were made in phraseology and arrangement.

AMENDMENTS

1996 - Pub. L. 104-317 struck out "; precedence of judges" after

"chief judge" in section catchline and struck out subsecs. (d) and

(e) which read as follows:

"(d) Whenever the chief judge is unable to perform the duties of

his office or the office is vacant, his powers and duties shall

devolve upon the judge next in precedence who is able to act, until

such disability is removed or another chief judge is appointed and

duly qualified.

"(e) The chief judge shall have precedence and shall preside at

any session which he attends. Other judges shall have precedence

and shall preside according to the seniority of their commissions.

Judges whose commissions bear the same date shall have precedence

according to seniority in age."

1980 - Subsec. (a). Pub. L. 96-417 redesignated the Customs Court

as the Court of International Trade.

1970 - Pub. L. 91-271 reorganized existing provisions into

lettered subsecs. (a) to (e) and made minor changes in phraseology.

1959 - Pub. L. 86-243 required the chief judge to supervise the

fiscal affairs and clerical force of the court, with the approval

of the court.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-271 effective Oct. 1, 1970, see section

122 of Pub. L. 91-271, set out as a note under section 256 of this

title.

SAVINGS PROVISION

Amendment by Pub. L. 86-243 not to deprive Customs Court [now

Court of International Trade] officers or employees of any rights,

privileges, or civil service status, see section 4 of Pub. L.

86-243, set out as a note under section 871 of this title.

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a period.

-End-

-CITE-

28 USC Sec. 254 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 11 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 254. Single-judge trials

-STATUTE-

Except as otherwise provided in section 255 of this title, the

judicial power of the Court of International Trade with respect to

any action, suit or proceeding shall be exercised by a single

judge, who may preside alone and hold a regular or special session

of court at the same time other sessions are held by other judges.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 900; May 24, 1949, ch. 139, Sec.

66, 63 Stat. 99; Pub. L. 91-271, title I, Sec. 106, June 2, 1970,

84 Stat. 277; Pub. L. 96-417, title V, Sec. 501(4), Oct. 10, 1980,

94 Stat. 1742.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 296 (Mar. 3, 1911, ch.

231, 187(a), as added Oct. 10, 1940, ch. 843, Sec. 1, 54 Stat.

1101).

This section contains a part of section 296 of title 28, U.S.C.,

1940 ed. Other provisions of such section are incorporated in

sections 251, 252, 253, 456, 1581, 2071, 2639, and 2640 of this

title.

Words "when in the opinion of such division or judge the ends of

justice so require," which followed the phrase "grant a rehearing

or retrial," were omitted as surplusage.

The term "chief judge" was substituted for "presiding judge."

(See reviser's note under section 136 of this title.)

The phrase "petitions for remission of additional duties" was

added to the first paragraph at the suggestion of the court to

conform to existing practice.

Reappraisement appeals are heard by a single judge and reviewed

by a division. (See sections 2631 and 2636 of this title.)

The provision of section 296 of title 28, U.S.C., 1940 ed., that

the presiding judge shall designate one of the three judges of a

division to preside over such division was omitted as in conflict

with section 253 of this title (also taken from section 296 of

title 28 U.S.C., 1940 ed.), which provides that judges shall

preside according to the seniority of their commissions. The latter

provision is in accord with present practice.

Changes were made in arrangement and phraseology.

1949 ACT

This amendment clarifies section 254 of title 28, U.S.C., by

restoring language of the original law.

PRIOR PROVISIONS

Provisions similar to those relating to the assignment of judges

to hear and determine cases, and provisions similar to those

authorizing the chief judge to designate judges to hear and

determine cases within the jurisdiction of the United States,

formerly contained in this section, are covered by sections 255 and

256 of this title, respectively.

AMENDMENTS

1980 - Pub. L. 96-417 redesignated the Customs Court as the Court

of International Trade.

1970 - Pub. L. 91-271 substituted in section catchline

"Single-judge trials" for "Divisions; powers and assignments" and

substituted provisions in text requiring the judicial power of the

Customs Court with respect to any action, suit, or proceeding to be

exercised by a single judge, for provisions setting forth the

powers of the chief judge of the Customs Court with respect to the

organization of such Court into divisions, and the assignment of

judges to hear and determine pending cases.

1949 - Act May 24, 1949, inserted "to hear or" before "to hear

and determine" in third par.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-271 effective Oct. 1, 1970, see section

122 of Pub. L. 91-271, set out as a note under section 256 of this

title.

-End-

-CITE-

28 USC Sec. 255 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 11 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 255. Three-judge trials

-STATUTE-

(a) Upon application of any party to a civil action, or upon his

own initiative, the chief judge of the Court of International Trade

shall designate any three judges of the court to hear and determine

any civil action which the chief judge finds: (1) raises an issue

of the constitutionality of an Act of Congress, a proclamation of

the President or an Executive order; or (2) has broad or

significant implications in the administration or interpretation of

the customs laws.

(b) A majority of the three judges designated may hear and

determine the civil action and all questions pending therein.

-SOURCE-

(Added Pub. L. 91-271, title I, Sec. 108, June 2, 1970, 84 Stat.

277; amended Pub. L. 96-417, title V, Sec. 501(5), Oct. 10, 1980,

94 Stat. 1742.)

-MISC1-

PRIOR PROVISIONS

A prior section 255 was renumbered section 257 of this title.

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-417 redesignated the Customs Court

as the Court of International Trade.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1970, see section 122 of Pub. L.

91-271, set out as a note under section 256 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 254 of this title.

-End-

-CITE-

28 USC Sec. 256 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 11 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 256. Trials at ports other than New York

-STATUTE-

(a) The chief judge may designate any judge or judges of the

court to proceed, together with necessary assistants, to any port

or to any place within the jurisdiction of the United States to

preside at a trial or hearing at the port or place.

(b) Upon application of a party or upon his own initiative, and

upon a showing that the interests of economy, efficiency, and

justice will be served, the chief judge may issue an order

authorizing a judge of the court to preside in an evidentiary

hearing in a foreign country whose laws do not prohibit such a

hearing: Provided, however, That an interlocutory appeal may be

taken from such an order pursuant to the provisions of section

1292(d)(1) of this title, and the United States Court of Appeals

for the Federal Circuit may, in its discretion, consider the

appeal.

-SOURCE-

(Added Pub. L. 91-271, title I, Sec. 109, June 2, 1970, 84 Stat.

277; amended Pub. L. 97-164, title I, Sec. 107, Apr. 2, 1982, 96

Stat. 28.)

-MISC1-

AMENDMENTS

1982 - Subsec. (b). Pub. L. 97-164 substituted "section

1292(d)(1) of this title, and the United States Court of Appeals

for the Federal Circuit may, in its discretion, consider the

appeal" for "section 1541(b) of this title, subject to the

discretion of the Court of Customs and Patent Appeals as set forth

in that section".

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE

Section 122 of title I of Pub. L. 91-271 provided that:

"(a) This title [see Short Title of 1970 Amendment note set out

under section 1 of this title] shall become effective on October 1,

1970, and shall thereafter apply to all actions and proceedings in

the Customs Court and the Court of Customs and Patent Appeals

except those involving merchandise entered before the effective

date for which trial has commenced by such effective date.

"(b) An appeal for reappraisement timely filed with the Bureau of

Customs before the effective date, but as to which trial has not

commenced by such date, shall be deemed to have had a summons

timely and properly filed under this title. When the judgment or

order of the United States Customs Court has become final in this

appeal, the papers shall be returned to the appropriate customs

officer to decide any remaining matters relating to the entry in

accordance with section 500 of the Tariff Act of 1930, as amended

[section 1500 of Title 19, Customs Duties]. A protest or summons

filed after final decision on an appeal for reappraisement shall

not include issues which were raised or could have been raised on

the appeal for reappraisement.

"(c) A protest timely filed with the Bureau of Customs before the

effective date of enactment of this Act [June 2, 1970], which is

disallowed before that date, and as to which trial has not

commenced by such date, shall be deemed to have had a summons

timely and properly filed under this title.

"(d) All other provisions of this Act [see Short Title notes set

out under section 1 of this title and section 1500 of Title 19]

shall apply to appeals and disallowed protests deemed to have had

summonses timely and properly filed under this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1292 of this title.

-End-

-CITE-

28 USC Sec. 257 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 11 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 257. Publication of decisions

-STATUTE-

All decisions of the Court of International Trade shall be

preserved and open to inspection. The court shall forward copies of

each decision to the Secretary of the Treasury or his designee and

to the appropriate customs officer for the district in which the

case arose. The Secretary shall publish weekly such decisions as he

or the court may designate and abstracts of all other decisions.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 900, Sec. 255; renumbered Sec.

257 and amended Pub. L. 91-271, title I, Sec. 107, June 2, 1970, 84

Stat. 277; Pub. L. 96-417, title V, Sec. 501(6), Oct. 10, 1980, 94

Stat. 1742.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1519 of title 19, U.S.C., 1940 ed., Customs

Duties (June 17, 1930, ch. 497, title IV, Sec. 519, 46 Stat. 739).

Changes in phraseology were made.

AMENDMENTS

1980 - Pub. L. 96-417 redesignated the Customs Court as the Court

of International Trade.

1970 - Pub. L. 91-271 inserted "or his designee" after "Secretary

of the Treasury," and substituted "to the appropriate customs

officer" for "the collector".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-271 effective Oct. 1, 1970, see section

122 of Pub. L. 91-271, set out as an Effective Date note under

section 256 of this title.

-End-

-CITE-

28 USC Sec. 258 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 11 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 258. Chief judges; precedence of judges

-STATUTE-

(a)(1) The chief judge of the Court of International Trade shall

be the judge of the court in regular active service who is senior

in commission of those judges who -

(A) are 64 years of age or under;

(B) have served for 1 year or more as a judge of the court; and

(C) have not served previously as chief judge.

(2)(A) In any case in which no judge of the court meets the

qualifications under paragraph (1), the youngest judge in regular

active service who is 65 years of age or over and who has served as

a judge of the court for 1 year or more shall act as the chief

judge.

(B) In any case under subparagraph (A) in which there is no judge

of the court in regular active service who has served as a judge of

the court for 1 year or more, the judge of the court in regular

active service who is senior in commission and who has not served

previously as chief judge shall act as the chief judge.

(3)(A) Except as provided under subparagraph (C), the chief judge

serving under paragraph (1) shall serve for a term of 7 years and

shall serve after expiration of such term until another judge is

eligible under paragraph (1) to serve as chief judge.

(B) Except as provided under subparagraph (C), a judge of the

court acting as chief judge under subparagraph (A) or (B) of

paragraph (2) shall serve until a judge meets the qualifications

under paragraph (1).

(C) No judge of the court may serve or act as chief judge of the

court after attaining the age of 70 years unless no other judge is

qualified to serve as chief judge under paragraph (1) or is

qualified to act as chief judge under paragraph (2).

(b) The chief judge shall have precedence and preside at any

session of the court which such judge attends. Other judges of the

court shall have precedence and preside according to the seniority

of their commissions. Judges whose commissions bear the same date

shall have precedence according to seniority in age.

(c) If the chief judge desires to be relieved of the duties as

chief judge while retaining active status as a judge of the court,

the chief judge may so certify to the Chief Justice of the United

States, and thereafter the chief judge of the court shall be such

other judge of the court who is qualified to serve or act as chief

judge under subsection (a).

(d) If a chief judge is temporarily unable to perform the duties

as such, such duties shall be performed by the judge of the court

in active service, able and qualified to act, who is next in

precedence.

-SOURCE-

(Added Pub. L. 104-317, title V, Sec. 501(a), Oct. 19, 1996, 110

Stat. 3855.)

-MISC1-

CONTINUANCE OF POSITION OF CHIEF JUDGE

Section 501(c) of Pub. L. 104-317 provided that:

"(1) Notwithstanding the provisions of section 258(a) of title

28, United States Code (as added by subsection (a) of this

section), the chief judge of the United States Court of

International Trade who is in office on the day before the date of

enactment of this Act [Oct. 19, 1996] shall continue to be such

chief judge on or after such date until any one of the following

events occurs:

"(A) The chief judge is relieved of his duties under section

258(c) of title 28, United States Code.

"(B) The regular active status of the chief judge is

terminated.

"(C) The chief judge attains the age of 70 years.

"(D) The chief judge has served for a term of 7 years as chief

judge.

"(2) When the chief judge vacates the position of chief judge

under paragraph (1), the position of chief judge of the Court of

International Trade shall be filled in accordance with section

258(a) of title 28, United States Code."

-End-