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United States Court of International Trade

Coordinates:40°42′54″N74°0′13″W / 40.71500°N 74.00361°W /40.71500; -74.00361
From Wikipedia, the free encyclopedia
US court dealing with international trade and customs law

40°42′54″N74°0′13″W / 40.71500°N 74.00361°W /40.71500; -74.00361

United States Court of International Trade
(Ct. Int'l Trade or CIT)
LocationJames L. Watson Court of International Trade Building
1 Federal Plaza
New York,NY 10278
United States
Appeals toFederal Circuit
EstablishedDecember 18, 1980; 44 years ago (1980-12-18)
AuthorityArticle III court
Created by28 U.S.C. §§ 251258
Composition methodPresidential nomination
withSenateadvice and consent
Judges9
Judge term lengthLife tenure
Chief JudgeMark A. Barnett
cit.uscourts.gov

TheUnited States Court of International Trade (case citations:Ct. Int'l Trade), orCIT,[1] is aU.S. federal court that adjudicatescivil actions arising out of U.S. customs andinternational trade laws.[2] Seated inLower Manhattan,New York City, the court exercises broad jurisdiction over mosttrade-related matters and is permitted to hear and adjudicate cases originating anywhere in the United States as well as internationally.[3]

The court originated with the Customs Administrative Act of 1890, which established theBoard of General Appraisers as aquasi-judicial entity of theU.S. Treasury Department to hear disputes primarily concerning tariffs and import duties.[4] In 1926,Congress replaced the Board with theUnited States Customs Court, anadministrative 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 anArticle 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.[4]

The court'ssubject matter jurisdiction is limited to particular questions ininternational 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 andequity, 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 CIT is composed of nine judges appointed by the U.S. president and confirmed by the Senate. No more than five judges can be of the same political party.[5] Cases are typically heard by just one judge, although trials involving potential constitutional issues or broad legal implications for customs laws may be decided by a three-judge panel.[6] The court operates on procedures and protocols drawn heavily from theFederal Rules of Civil Procedure.

History

[edit]

In 1890, theUnited States Congress passed legislation creating the Board of General Appraisers, a quasi-judicial administrative unit within theUnited States Department of the Treasury. The Board had nine members appointed by thePresident of the United States and empowered to review decisions of United States Customs officials concerning the amount of duties to be paid on importations.[7]

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 independentArticle 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,[8] when PresidentCalvin Coolidge nominatedGenevieve R. Cline to the court.[9] Although many members of theUnited 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.[10]

On July 14, 1956, Congress made the United States Customs Court anArticle III tribunal, again without changing its jurisdiction, powers, or procedures.[11] 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.[7]

On May 28, 2025, a three-judge panel of the court ruled inV.O.S. Selections, Inc. v. United States that PresidentDonald Trump overstepped his authority by using the 1977International Emergency Economic Powers Act (IEEPA) to justify sweeping tariff hikes under hisLiberation Day trade policy. The court held that the IEEPA does not grant presidents the power to impose such broad import taxes. The judges also struck down a separate set of tariffs the Trump administration had levied on China, Mexico, and Canada, which had been justified as a response to drug trafficking and illegal immigration. The court found that these measures exceeded executive authority.[12][13]

Courthouse

[edit]
Main article:James L. Watson United States Court of International Trade Building
The James L. Watson Court of International Trade Building on Foley Square

TheJames L. Watson Court of International Trade Building, located onFoley Square inlower Manhattan in New York City, houses the court. Also known as 1 Federal Plaza, it was built in 1968 adjacent to theJacob K. Javits Federal Building.[14] In 2003, the building was named in honor ofJames 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.[15]

Jurisdiction

[edit]

The court possesses limitedsubject matter jurisdiction, meaning that it may hear only cases involving particularinternational trade andcustoms law questions. For example, the court hears disputes such as those involving protests filed withU.S. Customs and Border Protection, decisions regardingTrade Adjustment Assistance by theUnited States Department of Labor orUnited States Department of Agriculture, customs broker licensing, and disputes relating to determinations made by theUnited States International Trade Commission and theDepartment of Commerce'sInternational Trade Administration regardinganti-dumping andcountervailing duties.[16]

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 specialad hoc binational panel organized under Chapter 19 of the 1994North American Free Trade Agreement.

Procedure

[edit]

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 sitby designation on three-judge panels of theUnited States courts of appeals.[7]

Although the Court maintains its own rules of procedure, they are patterned for the most part on theFederal Rules of Civil Procedure. The court has held that decisions interpreting the Federal Rules of Civil Procedure are "instructive" in interpreting its own rules.[7]

Current composition of the court

[edit]

As of July 8, 2025[update]:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
ActiveChiefSenior
24Chief JudgeMark A. BarnettNew York City19632013–present[Note 1]2021–present Obama
25JudgeClaire R. KellyNew York City19652013–present Obama
26JudgeJennifer Choe-GrovesNew York City19692016–present Obama
27JudgeGary KatzmannNew York City19532016–present Obama
28JudgeTimothy M. ReifNew York City19592019–present Trump
29JudgeM. Miller BakerNew York City19622019–present Trump
31JudgeLisa WangNew York City19802024–present Biden
32JudgeJoseph A. LaroskiNew York City19712024–present Biden
33JudgeVacantNew York City
11Senior JudgeJane A. RestaniNew York City19481983–20152003–20102015–present Reagan
13Senior JudgeThomas J. AquilinoNew York City19391985–20042004–present Reagan
19Senior JudgeJudith Barzilayinactive19441998–20112011–present Clinton
20Senior JudgeDelissa A. Ridgwayinactive19551998–20192019–present Clinton
21Senior JudgeRichard K. EatonNew York City19481999–20142014–present Clinton
22Senior JudgeTimothy C. StanceuNew York City19512003–20212014–20212021–presentG.W. Bush
23Senior JudgeLeo M. GordonNew York City19522006–20192019–presentG.W. Bush
  1. ^By virtue of his seniority of age, Judge Barnett holds seniority over Judge Kelly despite their identical commission dates.


Vacancies and pending nominations

[edit]
SeatPrior Judge's Duty StationSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
9New York CityStephen VadenResignationJuly 7, 2025

Former judges of the United States Court of International Trade

[edit]
#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason for
termination
Samuel Murray RosensteinNY1909–19951980–1995[Note 1] L. Johnson /
Operation of law
death
1Paul Peter RaoNY1899–19881980–1988[Note 1] Truman /
Operation of law
death
2Morgan FordNY1911–19921980–1985[Note 1]1985–1992 Truman /
Operation of law
death
3Scovel RichardsonNY1912–19821980–1982[Note 1] Eisenhower /
Operation of law
death
4Frederick Landis Jr.NY1912–19901980–1983[Note 1]1983–1990 L. Johnson /
Operation of law
death
5James Lopez WatsonNY1922–20011980–1991[Note 1]1991–2001 L. Johnson /
Operation of law
death
6Herbert N. MaletzNY1913–20021980–1982[Note 1]1982–2002 L. Johnson /
Operation of law
death
7Bernard NewmanNY1907–19991980–1983[Note 1]1983–1999 L. Johnson /
Operation of law
death
8Edward D. ReNY1920–20061980–1991[Note 1]1980–1991 L. Johnson /
Operation of law
retirement
9Nils BoeNY1913–19921980–1984[Note 1]1984–1992 Nixon /
Operation of law
death
10Gregory W. CarmanNY1937–20201983–20141996–20032014–2020 Reagandeath
12Dominick L. DiCarloNY1928–19991984–19961991–19961996–1999 Reagandeath
14Nicholas TsoucalasNY1926–20181986–19961996–2018 Reagandeath
15R. Kenton MusgraveCA1927–20231987–19971997–2023 Reagandeath
16Richard W. GoldbergND1927–20231991–20012001–2023 G.H.W. Bushdeath
17Donald C. PogueCT1947–20161995–20142010–20142014–2016 Clintondeath
18Evan WallachNV1949–present1995–2011 Clintonelevation toFed. Cir.
30Stephen VadenTN1982–present2020–2025 Trumpresignation
  1. ^abcdefghijReassigned from the United States Customs Court.

Former judges of the United States Customs Court

[edit]
#JudgeStateBorn–diedActive serviceChief JudgeSenior statusAppointed byReason for
termination
1William Barberie HowellNY1865–19271926–1927[Note 1]1926–1927 McKinley /
Operation of law
death
2Israel F. FischerNY1858–19401926–1932[Note 1]1927–1932 McKinley /
Operation of law
retirement
3Byron Sylvester WaiteNY1852–19301926–1930[Note 1] T. Roosevelt /
Operation of law
retirement
4Charles Paul McClellandNY1854–19441926–1939[Note 1]1934–1939 T. Roosevelt /
Operation of law
retirement
5Jerry Bartholomew SullivanNY1859–19481926–1939[Note 1] Wilson /
Operation of law
retirement
6George Stewart BrownNY1871–19411926–1941[Note 1]1939–1940 Wilson /
Operation of law
retirement
7William C. AdamsonNY1854–19291926–1928[Note 1] Wilson /
Operation of law
retirement
8George Emery WellerNY1857–19321926–1930[Note 1] Wilson /
Operation of law
retirement
9George M. YoungNY1870–19321926–1932[Note 1]1932 Coolidge /
Operation of law
death
10William Josiah TilsonNY1871–19491928–19491932–1934 Coolidgedeath
11Genevieve R. ClineNY1877–19591928–1953 Coolidgeretirement
12David Hayes KincheloeNY1877–19501930–1948[Note 2] Hooverretirement
13Walter Howard EvansNY1870–19591931–1941 Hooverretirement
14Frederick W. DallingerNY1871–19551932–1942 Hooverretirement
15William John KeefeNY1873–19551933–1947F. Rooseveltretirement
16Thomas Joseph WalkerNY1877–19451940–1945F. Rooseveltdeath
17Webster OliverNY1888–19691940–19671940–19651967–1969F. Rooseveltdeath
18William A. EkwallNY1887–19561942–1956F. Rooseveltdeath
19William Purington Cole Jr.NY1889–19571942–1952F. Rooseveltelevation toC.C.P.A.
20Charles Drummond LawrenceNY1878–19751943–19651965–1975F. Rooseveltdeath
21Irvin Charles MollisonNY1898–19621945–1962 Trumandeath
22Jed JohnsonNY1888–19631947–1963 Trumandeath
23Paul Peter RaoNY1899–19881948–1980[Note 3]1965–1971 Trumanreassignment to Intl. Trade
24Morgan FordNY1911–19921949–1980 Trumanreassignment to Intl. Trade
25David John WilsonNY1887–19761954–19661966–1976 Eisenhowerdeath
26Mary Donlon AlgerNY1893–19771955–19661966–1977 Eisenhowerdeath
27Scovel RichardsonNY1912–19821957–1980 Eisenhowerreassignment to Intl. Trade
28Philip Nichols Jr.NY1907–19901964–1966L. Johnsonelevation toCt. Cl.
29Frederick Landis Jr.NY1912–19901965–1980L. Johnsonreassignment to Intl. Trade
30James Lopez WatsonNY1922–20011966–1980L. Johnsonreassignment to Intl. Trade
31Lindley BeckworthNY1913–19841967–1968L. Johnsonresignation
32Herbert N. MaletzNY1913–20021967–1980L. Johnsonreassignment to Intl. Trade
33Bernard NewmanNY1907–19991968–1980L. Johnsonreassignment to Intl. Trade
34Samuel Murray RosensteinNY1909–19951968–19701970–1980L. Johnsonreassignment to Intl. Trade
35Edward D. ReNY1920–20061968–19801977–1980L. Johnsonreassignment to Intl. Trade
36Nils BoeNY1913–19921971–19801971–1977 Nixonreassignment to Intl. Trade
  1. ^abcdefghiReassigned from the Board of General Appraisers.
  2. ^Recess appointment; formally nominated on December 4, 1930, confirmed by theUnited States Senate on January 22, 1931, and received commission on January 29, 1931.
  3. ^Recess appointment; formally nominated on June 22, 1948, confirmed by the Senate on January 31, 1949, and received commission on February 2, 1948.

Former members of the Board of General Appraisers

[edit]
#MemberStateBorn/DiedActive servicePresidentSenior statusAppointed byReason for
termination
1Charles H. HamNY1831–19021890–19021897–1902B. Harrisonresignation
2George C. TichenorNY1838–19021890–19021890–1897B. Harrisondeath
3Joseph Biddle Wilkinson Jr.NY1845–19151890–1899B. Harrisonresignation
4James A. JewellNYc. 1840–19121890–1903B. Harrisonresignation
5Henderson M. SomervilleNY1837–19151890–19151910–1914B. Harrisondeath
6Ferdinand N. ShurtleffNY1837–19031890–1899B. Harrisonremoval[Note 1]
7Joseph Lewis StackpoleNY1838–19041890–1890B. Harrisonresignation
8Thaddeus S. SharrettsNY1850–19261890–1913B. Harrisonremoval[Note 2]
9George H. SharpeNY1828–19001890–1899B. Harrisonresignation
10Wilbur Fisk LuntNY1848–19081891–1908B. Harrisondeath
11William Barberie HowellNY1865–19271899–19261925–1926 McKinleyreassignment toCust Ct.
12Israel F. FischerNY1858–19401899–1926[Note 3]1902–1905 McKinleyreassignment toCust Ct.
13Marion De VriesNY1865–19391900–1910[Note 4]1906–1910 McKinleyelevation toC.C.P.A.
14Byron Sylvester WaiteNY1852–19301902–1926T. Rooseveltreassignment toCust Ct.
15Charles P. McClellandNY1854–19441903–1926[Note 5]T. Rooseveltreassignment toCust Ct.
16Eugene Gano HayNY1853–19331903–1923[Note 6]T. Rooseveltretirement
17Roy ChamberlainNY1861–19531908–1913[Note 7]T. Rooseveltremoval[Note 2]
18Samuel B. CooperNY1850–19181910–1918 Taftdeath
19Jerry Bartholomew SullivanNY1859–19481913–19261914–1925 Wilsonreassignment toCust Ct.
20George Stewart BrownNY1871–19411913–1926 Wilsonreassignment toCust Ct.
21William C. AdamsonNY1854–19291917–1926 Wilsonreassignment toCust Ct.
22George Emery WellerNY1857–19321919–1926 Wilsonreassignment toCust Ct.
23George M. YoungNY1870–19321924–1926 Coolidgereassignment toCust Ct.
  1. ^Removed from office byWilliam McKinley.
  2. ^abRemoved from office byWilliam Howard Taft.
  3. ^Recess appointment; formally nominated on December 15, 1899, confirmed by theUnited States Senate on January 17, 1900, and received commission on January 22, 1900.
  4. ^Recess appointment; formally nominated on December 5, 1900, confirmed by the Senate on December 10, 1900, date of commission is unknown.
  5. ^Recess appointment; formally nominated on November 10, 1903, confirmed by the Senate on December 7, 1903, and received commission on December 8, 1903.
  6. ^Recess appointment; formally nominated on November 10, 1903, confirmed by the Senate on November 24, 1903, and received commission on November 25, 1903.
  7. ^Recess appointment; formally nominated on December 8, 1908, confirmed by the Senate on January 11, 1909, and received commission on January 15, 1909.

Chief judges

[edit]
President (Board of General Appraisers)
Tichenor1890–1897
Ham1897–1902
Fischer1902–1905
De Vries1906–1910
Somerville1910–1914
Sullivan1914–1925
Howell1925–1926
Chief Judge (Customs Court)
Howell1926–1927
Fischer1927–1932
Young1932–1932
Tilson1932–1934
McClelland1934–1939
Brown1939–1940
Oliver1940–1965
Rao1965–1971
Boe1971–1977
Re1977–1980
Chief Judge (Court of International Trade)
Re1980–1991
DiCarlo1991–1996
Carman1996–2003
Restani2003–2010
Pogue2010–2014
Stanceu2014–2021
Barnett2021–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.[7] 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

[edit]
Seat 1
Seat established on June 10, 1890 by 26 Stat. 131, 136
Wilkinson, Jr.1890–1899
De Vries1900–1910
Cooper1910–1918
Weller1919–1930
Kincheloe1930–1948
Rao1948–1988
Goldberg1991–2001
Stanceu2003–2021
Laroski2024–present
Seat 2
Seat established on June 10, 1890 by 26 Stat. 131, 136
Sharpe1890–1899
Howell1899–1927
Tilson1928–1949
Ford1949–1985
Musgrave1987–1997
Eaton1999–2014
Reif2019–present
Seat 3
Seat established on June 10, 1890 by 26 Stat. 131, 136
Ham1890–1902
Waite1902–1930
Evans1931–1941
Ekwall1942–1956
Richardson1957–1982
Carman1983–2014
Choe-Groves2016–present
Seat 4
Seat established on June 10, 1890 by 26 Stat. 131, 136
Shurtleff1890–1899
Fischer1899–1932
Dallinger1932–1942
Lawrence1943–1965
Landis, Jr.1965–1983
Aquilino, Jr.1985–2004
Gordon2006–2019
Wang2024–present

Seat 5
Seat established on June 10, 1890 by 26 Stat. 131, 136
Tichenor1890–1902
Hay1903–1923
Young1924–1932
Keefe1933–1947
Johnson1947–1963
Watson1966–1991
Pogue1995–2014
Baker2019–present
Seat 6
Seat established on June 10, 1890 by 26 Stat. 131, 136
Sharretts1890–1913
Sullivan1913–1939
Walker1940–1945
Mollison1945–1962
Nichols, Jr.1964–1966
Maletz1967–1982
Restani1983–2015
Katzmann2016–present
Seat 7
Seat established on June 10, 1890 by 26 Stat. 131, 136
Somerville1890–1915
Adamson1917–1928
Cline1928–1953
Alger1955–1966
Newman1968–1983
DiCarlo1984–1996
Barzilay1998–2011
Barnett2013–present
Seat 8
Seat established on June 10, 1890 by 26 Stat. 131, 136
Stackpole1890
Lunt1891–1908
Chamberlain1908–1913
Brown1913–1941
Cole, Jr.1942–1952
Wilson1954–1966
Beckworth1967–1968
Re1968–1991
Wallach1995–2011
Kelly2013–present

Seat 9
Seat established on June 10, 1890 by 26 Stat. 131, 136
Jewell1890–1903
McClelland1903–1939
Oliver1940–1967
Rosenstein1968–1970
Boe1971–1984
Tsoucalas1986–1996
Ridgway1998–2019
Vaden2020–2025
vacant2025–present

See also

[edit]

References

[edit]
  1. ^"What is the Court of International Trade? Learn more about the judges who blocked Trump's tariffs. - CBS News".www.cbsnews.com. May 29, 2025. RetrievedMay 29, 2025.
  2. ^"About the Court".Court of International Trade. RetrievedMarch 12, 2021.
  3. ^"About the Court".Court of International Trade. Jurisdiction of the Court. RetrievedMarch 12, 2021.
  4. ^abPatrick C. Reed,The Origins and Creation of the Board of General Appraisers, pp. 92-92.
  5. ^"28 U.S. Code § 251 - Appointment and number of judges; offices".
  6. ^"28 USC Ch. 11: COURT OF INTERNATIONAL TRADE".uscode.house.gov. RetrievedMay 29, 2025.
  7. ^abcdeHistory of the United States Court of International Trade.
  8. ^Jo Freeman,A Room at a Time: How Women Entered Party Politics, 2002: Rowman and Littlefield, p. 216 (ISBN 084769805X)
  9. ^"The Coolidge Week",Time, May 14, 1928
  10. ^William Ganson Rose,Cleveland: the Making of a City, 1990: Kent State Univ. Press, p. 854 (ISBN 0873384288)
  11. ^"U.S. Customs Court: Legislative History – Federal Judicial Center".www.fjc.gov.
  12. ^Romm, Tony; Swanson, Ana (May 28, 2025)."Trump Tariffs Blocked by U.S. Court of International Trade".The New York Times.ISSN 0362-4331. RetrievedMay 29, 2025.
  13. ^"US trade court blocks Trump's sweeping tariffs in blow to trade policies".www.bbc.com. May 29, 2025. RetrievedMay 29, 2025.
  14. ^Casey Nelson Blake, "Tilted Arc, and the Crisis of Public Art" inThe Power of Culture: Critical Essays in American History (eds. Richard Wightman Fox & T. J. Jackson Lears), pp. 260–61, 278.
  15. ^Public Law 108-70,108th United States Congress.
  16. ^Gregory W. Carman, Jurisdiction and the Court of International Trade: Remarks of the Honorable Gregory W. Carman at the Conference on International Business Practice Presented by the Center for Dispute Resolution on February 27–28, 1992, 13 Nw. J. Int'l L. & Bus. 245 (1992-1993). Retrieved fromhttps://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1357&context=njilb.

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