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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 01/19/04 -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 01/19/04 -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 01/19/04 -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 01/19/04 -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 01/19/04 -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- -CITE- 28 USC CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS -HEAD- CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS -MISC1- Sec. 291. Circuit judges. 292. District judges. 293. Judges of the Court of International Trade. 294. Assignment of retired justices or judges to active duty.(!1) 295. Conditions upon designation and assignment. 296. Powers upon designation and assignment. 297. Assignment of judges to courts of the freely associated compact states. AMENDMENTS 1988 - Pub. L. 100-702, title X, Sec. 1022(2), Nov. 19, 1988, 102 Stat. 4673, added item 297. 1982 - Pub. L. 97-164, title I, Sec. 110(c), Apr. 2, 1982, 96 Stat. 29, substituted "the Court of International Trade" for "other courts" in item 293. 1958 - Pub. L. 85-755, Sec. 8, Aug. 25, 1958, 72 Stat. 850, substituted "Judges of other courts" for "Circuit or district judges to Court of Customs and Patent Appeals" in item 293. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 175, 456, 1407 of this title. -FOOTNOTE- (!1) Section catchline amended by Pub. L. 85-755 without corresponding amendment of analysis. -End- -CITE- 28 USC Sec. 291 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 13 - ASSIGNMENT OF JUDGES TO OTHER COURTS -HEAD- Sec. 291. Circuit judges -STATUTE- (a) The Chief Justice of the United States may, in the public interest, designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon request by the chief judge or circuit justice of such circuit. (b) The chief judge of a circuit or the circuit justice may, in the public interest, designate and assign temporarily any circuit judge within the circuit, including a judge designated and assigned to temporary duty therein, to hold a district court in any district within the circuit. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 900; July 28, 1953, ch. 253, Sec. 2, 67 Stat. 226; Sept. 3, 1954, ch. 1263, Sec. 39(b), 68 Stat. 1240; July 9, 1956, ch. 517, Sec. 1(a), 70 Stat. 497; Pub. L. 85-755, Sec. 2, Aug. 25, 1958, 72 Stat. 848; Pub. L. 95-598, title II, Sec. 202, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 97-164, title I, Sec. 108, Apr. 2, 1982, 96 Stat. 28; Pub. L. 102-572, title I, Sec. 104, Oct. 29, 1992, 106 Stat. 4507.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Secs. 17, 22 (Mar. 3, 1911, ch. 231, Secs. 13, 18, 36 Stat. 1089; Oct. 3, 1913, ch. 18, 38 Stat. 203; Sept. 14, 1922, ch. 306, Secs. 3, 5, 42 Stat. 839; Mar. 2, 1929, ch. 488, Sec. 1, 45 Stat. 1475; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Aug. 24, 1937, ch. 754, Sec. 4, 50 Stat. 753; Dec. 29, 1942, ch. 835, Sec. 1, 56 Stat. 1094). Section consolidates all provisions of sections 17 and 22 of title 28, U.S.C., 1940 ed., relating to designation and assignment of circuit judges. The revised section omits a reference to the Chief Justice contained in said section 22, since in exercising the powers under subsection (b), he acts as a circuit justice. Paragraph (d) of said section 17, making the section applicable to the United States Court of Appeals for the District of Columbia, is omitted since such court is included in this revision because the District of Columbia is made a separate circuit. (See section 41 of this title.) Provisions of said sections 17 and 22 authorizing the senior Associate Justice to act in the absence of the Chief Justice of the United States were omitted as surplusage in view of specific authority to so act in section 3 of this title. The words in said section 17 "for such time as the business of such district court may require," were omitted as inconsistent with the language of said section 22 of title 28, U.S.C., 1940 ed., which employed the words "the public interest requires" and "from time to time and until he shall otherwise direct." The revised section and sections 294 and 296 of this title make clear the power to make designation and assignment without any limitation of time, to revoke such designation and assignment and to make, from time to time, new designations and assignments. The term "chief judge" of the circuit was substituted for "senior circuit judge." (See reviser's note under section 136 of this title.) References in said sections 17 and 22 to retired judges were omitted as covered by section 294 of this title. Other provisions of said section 17 of title 28, U.S.C., 1940 ed., are incorporated in sections 292, 295 and 296 of this title. Other provisions of said section 22 of title 28, U.S.C., 1940 ed., are incorporated in section 296 of this title. Changes were made in phraseology and arrangement.

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