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Congress created the Court
of International Trade, formerly known as the Customs Court,
to have exclusive jurisdiction in actions involving the imposition
of customs duties by customs officials. The court can consider
the classification of merchandise for customs purposes, the
rate charged under the applicable tariff law, or the refusal
of the officials of the Department of the Treasury to make
refunds that are allegedly due.
The history and development
of the Court of International Trade are intertwined with those
of the former Court of Customs and Patent Appeals. At the
end of the nineteenth century, the Board of General Appraisers
was responsible for the classification of items for import
and export and the determination of the rate of customs duties
to be imposed. The federal circuit courts, pursuant to their
general power to hear appeals, reviewed these decisions from
1890 to 1909. Congress created the Court of Customs Appeals
in 1909 to assume the review of appeals from the decisions
of the Board of General Appraisers. This specialized court
developed expertise in adjudicating the complex and technical
issues that arose in customs actions and functioned as a speedy
and efficient vehicle to dispense with such matters, since
it could not hear any other cases. It provided sure and uniform
administration of justice in such matters, since it was the
only court in the United States with exclusive jurisdiction
over such matters.
The Board of General Appraisers
became the United States Customs Court in 1926 and was renamed
the Court of International Trade in 1981. The Court of Customs
Appeals was designated the Court of Customs and Patent Appeals
in 1929 because its jurisdiction was expanded to include review
of the decisions of the Patent and Trademark Office. The functions
of this court were assumed by the United States Court of Appeals
for the Federal Circuit in 1982. The Court of International
Trade comprises nine judges, who serve for life unless they
are guilty of misconduct; one is named chief judge by the
president. Although one judge can hear a case, a panel of
three judges usually entertains cases that have significant
constitutional ramifications in the customs field. The court
is located in New York City because of the importance of the
city as a port of entry. The chief judge can dispatch any
judges to other ports to hear an action when it is economical,
efficient, and fair to do so. A hearing can even be held in
a foreign country if that country so permits.
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