Notes on court of international trade : US Code - Notes

Search Notes on court of international trade : US Code - Notes

Sec.
251. Appointment and number of judges; offices.
252. Tenure and salaries of judges.
253. Duties of chief judge.
254. Single-judge trials.
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superseded by section 518 of the Tariff Act of 1930, and was
repealed by section 651 (a)(1) of said 1930 act.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.

RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE
See Appendix to this title.