Chapter 11 – Court of International Trade

Court of International Trade

Pathway

Title 28 > Part I > Chapter 11

Details

• Reference: Chapter 11
• Legend: Court of International Trade
• USCode Year: 2013

Provision Content

Historical and Revision Notes

The Board of General Appraisers was designated United States Customs Court by act May 28, 1926, ch. 411, §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, §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, §518, 42 Stat. 972, which established the Board of General Appraisers, designated the United States Customs Court by act May 28, 1926, ch. 411, §1, 44 Stat. 669.

Provisions similar to these were contained in act Sept. 21, 1922, ch. 356, title IV, §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 That section was superseded by section 518 of the Tariff Act of 1930, and was repealed by section 651 (a)(1) of said 1930 act.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, §28, 36 Stat. 98, which combined and amended Customs Administrative Act June 10, 1890, ch. 407, §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, §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Appraisers by the Circuit Courts, made by section 15 of the Customs Administrative Act of June 10, 1890, ch. 407, were superseded by provisions for such review by the Court of Customs Appeals created by section 29 added to that act by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6.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. §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, §29, 26 Stat. 141.

R.S. §2609 provided for the appointment of merchant appraisers. R.S. §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, §642, 42 Stat. 989.

R.S. §2945, which contained a provision similar to that of R.S. §2610, was repealed, without mention of section 2610, by said Customs Administrative Act of June 10, 1890, ch. 407, §29, 26 Stat. 141, and was again repealed by act Sept. 21, 1922, ch. 356, §642, 42 Stat. 989.

R.S. §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, §§12, 13, 26 Stat. 136, as amended by the Payne-Aldrich Act of Aug. 5, 1909, ch. 6, §28.

R.S. §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, §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, §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, §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.

U.S. Encyclopedia of Law Coverage

Title 28 – Judiciary And Judicial Procedure in the Legal Encyclopedia: Judiciary

In this entry about Title 28 – Judiciary And Judicial Procedure, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.

Chapter 44 – Native American Business Development, Trade Promotion, and Tourism in the Legal Encyclopedia: Trade

In this entry about Chapter 44 – Native American Business Development, Trade Promotion, and Tourism, find legal reference material, bibliographies and premiere content related to trade in the American Encyclopedia of Law, presenting a comprehensive view of the United States trade-specific issues, written by authorities in the field.

Title 28 – Judiciary And Judicial Procedure in the Legal Encyclopedia: Courts Organization

In this entry about Title 28 – Judiciary And Judicial Procedure, find legal reference material, bibliographies and premiere content related to courts organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States courts organization-specific issues, written by authorities in the field.

Title 28 – Judiciary And Judicial Procedure in the Legal Encyclopedia: Court of International Trade

In this entry about Title 28 – Judiciary And Judicial Procedure, find legal reference material, bibliographies and premiere content related to court of international trade in the American Encyclopedia of Law, presenting a comprehensive view of the United States court of international trade-specific issues, written by authorities in the field.

Topic Map

• Title 28/Part I/Chapter 11/Section 251 – Appointment and Number of Judges; offices
• Title 28/Part I/Chapter 11/Section 252 – Tenure and Salaries of Judges
• Title 28/Part I/Chapter 11/Section 253 – Duties of Chief Judge
• Title 28/Part I/Chapter 11/Section 254 – Single-Judge Trials
• Title 28/Part I/Chapter 11/Section 255 – Three-Judge Trials
• Title 28/Part I/Chapter 11/Section 256 – Trials At Ports Other Than New York
• Title 28/Part I/Chapter 11/Section 257 – Publication of Decisions
• Title 28/Part I/Chapter 11/Section 258 – Chief Judges; Precedence of Judges