28 U.S.C. § 256 — Trials at ports other than New York

Page 105 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 257 of the Court of International Trade shall des- ignate 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 administra- tion 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. (Added Pub. L. 91–271, title I, § 108, June 2, 1970, 84 Stat. 277; amended Pub. L. 96–417, title V, § 501(5), Oct. 10, 1980, 94 Stat. 1742.) Editorial Notes PRIOR PROVISIONS A prior section 255 was renumbered section 257 of this title. AMENDMENTS 1980—Subsec. (a). Pub. L. 96–417 redesignated the Cus- toms Court as the Court of International Trade. Statutory Notes and Related Subsidiaries 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. § 256. Trials at ports other than New York (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 in- terests of economy, efficiency, and justice will be served, the chief judge may issue an order au- thorizing 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 provi- sions 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 ap- peal. (Added Pub. L. 91–271, title I, § 109, June 2, 1970, 84 Stat. 277; amended Pub. L. 97–164, title I, § 107, Apr. 2, 1982, 96 Stat. 28.) Editorial Notes 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’’. Statutory Notes and Related Subsidiaries 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 Pub. L. 91–271, title I, § 122, June 2, 1970, 84 Stat. 281, 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 effec- tive date for which trial has commenced by such effec- tive 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 appro- priate 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 Cus- toms 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.’’ § 257. Publication of decisions 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. (June 25, 1948, ch. 646, 62 Stat. 900, § 255; renum- bered § 257 and amended Pub. L. 91–271, title I, § 107, June 2, 1970, 84 Stat. 277; Pub. L. 96–417, title V, § 501(6), Oct. 10, 1980, 94 Stat. 1742.) HISTORICAL AND REVISION NOTES Based on section 1519 of title 19, U.S.C., 1940 ed., Cus- toms Duties (June 17, 1930, ch. 497, title IV, § 519, 46 Stat. 739). Changes in phraseology were made. Editorial Notes 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on