United States Court Of International Trade

United States Court of International Trade

The U.S. Court of International Trade and its predecessor, the United States Customs Court (1938-1980), were created to try cases related to international trade.

Description

A specialized court dealing with matters arising out of tariff laws and the imposition of duties and imposts. The court was created in 1980 and replaced the Customs Court. It is composed of a chief judge and eight associates. The judges are appointed by the president with the advice and consent of the Senate. No more than five of the judges may be affiliated with any one political party. The Customs Court was given constitutional status by Congress in 1956; thus the court’s judges have life tenure and are protected by the Article III bar against reducing salaries. The court is headquartered in New York City, but it has authority to hear and decide cases at any major port of entry in the United States. A panel of three judges typically sits for each case before the court. Decisions of this court may be appealed to the U.S. Court of Appeals for the Federal Circuit. (1)

Legal Materials

The Court’s web site (www.cit.uscourts.gov) provides contact information, court rules, biographical information and special procedures for individual judges, the court calendar, forms and slip opinions back to 1999. Docket sheets and electronically filed pleadings are available through the Case Management/Electronic Case Files (CM/ECF) system.

Opinions: Customs Court opinions were reported officially in Custom Court Reports, and Court of International Trade opinions are reported officially in Court of International Trade Reports. Court of International Trade opinions are also reported in the Federal Supplement, Customs Bulletin and Decisions and International Trade Reporter Decisions.

The Court posts slip opinions free back to 1999. For older cases and the best searching, Westlaw (FINT-CIT) has Customs Court and Court of International Trade opinions back to 1938. Lexis has Customs Court opinions from 1962 to 1980 and Court of International Trade opinions from 1980 (INTLAW;CASES). Bloomberg Law has searchable opinions from 1949, and Versuslaw has searchable opinions from 1999. Very recent cases (past 2 years) are also available via FDsys.

Analysis and Relevance

The United States Court of International Trade is the trial court for private citizens and corporations to litigate issues involving duties, valuation of imports, and regulations on imported merchandise. The Customs Court Act of 1980 changed the name of the court and defined its jurisdiction over civil cases arising out of import transactions. The court has the power of law and equity comparable to a U.S. district court. This court relieves the district court, which would hear such cases in its absence, from hearing frequent and highly specialized matters involving import classifications and valuations. (2)

Resources

Notes and References

  1. Definition of United States Court of International Trade from the American Law Dictionary, 1991, California

See Also

United States Court Of International Trade: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about United States Court Of International Trade. This part provides references, in relation to United States Court Of International Trade, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about United States Court Of International Trade by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about United States Court Of International Trade and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about United States Court Of International Trade or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to United States Court Of International Trade and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting United States Court Of International Trade. Finding these decisions can be challenging. In many cases, researchers about United States Court Of International Trade should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to United States Court Of International Trade when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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