40°42′54″N 74°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)
Location James L. Watson Court of International Trade Building
1 Federal Plaza
New York, NY 10278
United States
Appeals to Federal Circuit
Established December 18, 1980; 45 years ago (1980-12-18)
Authority Article III court
Created by 28 U.S.C. §§ 251258
Composition method Presidential nomination
with Senate advice and consent
Judges 9
Judge term length Life tenure
Chief Judge Mark A. Barnett
cit.uscourts.gov

The United States Court of International Trade (case citations: Ct. Int'l Trade; also abbreviated as CIT)[1] is a United States federal court that adjudicates civil actions arising out of United States customs and international trade laws.[2] Seated in Lower Manhattan, New York City, the court exercises broad jurisdiction over most trade-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 the Board of General Appraisers as a quasi-judicial entity of the United States Department of the Treasury to hear disputes primarily concerning tariffs and import duties.[4] In 1926, Congress replaced the Board with the United States Customs Court, an administrative tribunal with greater judicial functions, which in 1930 was made independent of the Treasury Department. In 1956, the United States Customs Court was reconstituted by Congress as an Article III tribunal, giving it the status and privileges of a federal court. The Customs Courts Act of 1980 established the United States 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's subject matter jurisdiction is limited to particular questions in international trade and customs law, though it may also decide any civil action against the United States government, its officers, or its agencies arising out of any law connected to international trade. As an Article III tribunal, the United States Court of International Trade can decide controversies in both law and equity, 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 United States president and confirmed by the United States 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 the Federal Rules of Civil Procedure.

History

In 1890, the United States Congress passed legislation creating the Board of General Appraisers, a quasi-judicial administrative unit within the United States Department of the Treasury. The Board had nine members appointed by the President 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 independent Article 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 President Calvin Coolidge nominated Genevieve R. Cline to the court.[9] Although many members of the United 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 an Article 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 in V.O.S. Selections, Inc. v. United States that President Donald Trump overstepped his authority by using the 1977 International Emergency Economic Powers Act (IEEPA) to justify sweeping tariff hikes under his Liberation 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

The James L. Watson Court of International Trade Building on Foley Square

The James L. Watson Court of International Trade Building, located on Foley Square in lower Manhattan in New York City, houses the court. Also known as 1 Federal Plaza, it was built in 1968 adjacent to the Jacob K. Javits Federal Building.[14] In 2003, the building was named in honor of James 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

The court possesses limited subject matter jurisdiction, meaning that it may hear only cases involving particular international trade and customs law questions. For example, the court hears disputes such as those involving protests filed with U.S. Customs and Border Protection, decisions regarding Trade Adjustment Assistance by the United States Department of Labor or United States Department of Agriculture, customs broker licensing, and disputes relating to determinations made by the United States International Trade Commission and the Department of Commerce's International Trade Administration regarding anti-dumping and countervailing 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 special ad hoc binational panel organized under Chapter 19 of the 1994 North American Free Trade Agreement.

Procedure

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 sit by designation on three-judge panels of the United States courts of appeals.[7]

Although the Court maintains its own rules of procedure, they are patterned for the most part on the Federal 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

As of July 8, 2025:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
24 Chief Judge Mark A. Barnett New York City 1963 2013–present[Note 1] 2021–present Obama
25 Judge Claire R. Kelly New York City 1965 2013–present Obama
26 Judge Jennifer Choe-Groves New York City 1969 2016–present Obama
27 Judge Gary Katzmann New York City 1953 2016–present Obama
28 Judge Timothy M. Reif New York City 1959 2019–present Trump
29 Judge M. Miller Baker New York City 1962 2019–present Trump
31 Judge Lisa Wang New York City 1980 2024–present Biden
32 Judge Joseph A. Laroski New York City 1971 2024–present Biden
33 Judge Vacant New York City
11 Senior Judge Jane A. Restani New York City 1948 1983–2015 2003–2010 2015–present Reagan
13 Senior Judge Thomas J. Aquilino inactive 1939 1985–2004 2004–present Reagan
19 Senior Judge Judith Barzilay inactive 1944 1998–2011 2011–present Clinton
20 Senior Judge Delissa A. Ridgway inactive 1955 1998–2019 2019–present Clinton
21 Senior Judge Richard K. Eaton New York City 1948 1999–2014 2014–present Clinton
22 Senior Judge Timothy C. Stanceu New York City 1951 2003–2021 2014–2021 2021–present G.W. Bush
23 Senior Judge Leo M. Gordon New York City 1952 2006–2019 2019–present G.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

Seat Prior Judge's Duty Station Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
9 New York City Stephen Vaden Resignation July 7, 2025 Kara Westercamp March 2, 2026

Former judges of the United States Court of International Trade

# Judge Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
Samuel Rosenstein 1909–1995 1980–1995[Note 1] L. Johnson / Operation of law death
1 Paul Peter Rao 1899–1988 1980–1988[Note 1] Truman / Operation of law death
2 Morgan Ford 1911–1992 1980–1985[Note 1] 1985–1992 Truman / Operation of law death
3 Scovel Richardson 1912–1982 1980–1982[Note 1] Eisenhower / Operation of law death
4 Frederick Landis Jr. 1912–1990 1980–1983[Note 1] 1983–1990 L. Johnson / Operation of law death
5 James Lopez Watson 1922–2001 1980–1991[Note 1] 1991–2001 L. Johnson / Operation of law death
6 Herbert N. Maletz 1913–2002 1980–1982[Note 1] 1982–2002 L. Johnson / Operation of law death
7 Bernard Newman 1907–1999 1980–1983[Note 1] 1983–1999 L. Johnson / Operation of law death
8 Edward D. Re 1920–2006 1980–1991[Note 1] 1980–1991 L. Johnson / Operation of law retirement
9 Nils Boe 1913–1992 1980–1984[Note 1] 1984–1992 Nixon / Operation of law death
10 Gregory W. Carman 1937–2020 1983–2014 1996–2003 2014–2020 Reagan death
12 Dominick L. DiCarlo 1928–1999 1984–1996 1991–1996 1996–1999 Reagan death
14 Nicholas Tsoucalas 1926–2018 1986–1996 1996–2018 Reagan death
15 R. Kenton Musgrave 1927–2023 1987–1997 1997–2023 Reagan death
16 Richard W. Goldberg 1927–2023 1991–2001 2001–2023 G.H.W. Bush death
17 Donald C. Pogue 1947–2016 1995–2014 2010–2014 2014–2016 Clinton death
18 Evan Wallach 1949–present 1995–2011 Clinton elevation
30 Stephen Vaden 1982–present 2020–2025 Trump resignation
  1. ^ a b c d e f g h i j Reassigned from the United States Customs Court.

Former judges of the United States Customs Court

# Judge Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 William Barberie Howell 1865–1927 1926–1927[Note 1] 1926–1927 McKinley / Operation of law death
2 Israel F. Fischer 1858–1940 1926–1932[Note 1] 1927–1932 McKinley / Operation of law retirement
3 Byron Sylvester Waite 1852–1930 1926–1930[Note 1] T. Roosevelt / Operation of law retirement
4 Charles Paul McClelland 1854–1944 1926–1939[Note 1] 1934–1939 T. Roosevelt / Operation of law retirement
5 Jerry Sullivan 1859–1948 1926–1939[Note 1] Wilson / Operation of law retirement
6 George Stewart Brown 1871–1941 1926–1941[Note 1] 1939–1940 Wilson / Operation of law retirement
7 William C. Adamson 1854–1929 1926–1928[Note 1] Wilson / Operation of law retirement
8 George Emery Weller 1857–1932 1926–1930[Note 1] Wilson / Operation of law retirement
9 George M. Young 1870–1932 1926–1932[Note 1] 1932 Coolidge / Operation of law death
10 William Josiah Tilson 1871–1949 1928–1949 1932–1934 Coolidge death
11 Genevieve R. Cline 1877–1959 1928–1953 Coolidge retirement
12 David Hayes Kincheloe 1877–1950 1930–1948[Note 2] Hoover retirement
13 Walter Howard Evans 1870–1959 1931–1941 Hoover retirement
14 Frederick W. Dallinger 1871–1955 1932–1942 Hoover retirement
15 William John Keefe 1873–1955 1933–1947 F. Roosevelt retirement
16 Thomas Joseph Walker 1877–1945 1940–1945 F. Roosevelt death
17 Webster Oliver 1888–1969 1940–1967 1940–1965 1967–1969 F. Roosevelt death
18 William A. Ekwall 1887–1956 1942–1956 F. Roosevelt death
19 William Purington Cole Jr. 1889–1957 1942–1952 F. Roosevelt elevation
20 Charles Lawrence 1878–1975 1943–1965 1965–1975 F. Roosevelt death
21 Irvin Charles Mollison 1898–1962 1945–1962 Truman death
22 Jed Johnson 1888–1963 1947–1963 Truman death
23 Paul Peter Rao 1899–1988 1948–1980[Note 3] 1965–1971 Truman reassignment
24 Morgan Ford 1911–1992 1949–1980 Truman reassignment
25 David John Wilson 1887–1976 1954–1966 1966–1976 Eisenhower death
26 Mary Donlon Alger 1893–1977 1955–1966 1966–1977 Eisenhower death
27 Scovel Richardson 1912–1982 1957–1980 Eisenhower reassignment
28 Philip Nichols Jr. 1907–1990 1964–1966 L. Johnson elevation
29 Frederick Landis Jr. 1912–1990 1965–1980 L. Johnson reassignment
30 James Lopez Watson 1922–2001 1966–1980 L. Johnson reassignment
31 Lindley Beckworth 1913–1984 1967–1968 L. Johnson resignation
32 Herbert N. Maletz 1913–2002 1967–1980 L. Johnson reassignment
33 Bernard Newman 1907–1999 1968–1980 L. Johnson reassignment
34 Samuel Rosenstein 1909–1995 1968–1970 1970–1980 L. Johnson reassignment
35 Edward D. Re 1920–2006 1968–1980 1977–1980 L. Johnson reassignment
36 Nils Boe 1913–1992 1971–1980 1971–1977 Nixon reassignment
  1. ^ a b c d e f g h i Reassigned from the Board of General Appraisers.
  2. ^ Recess appointment; formally nominated on December 4, 1930, confirmed by the United 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

# Member Born/Died Active service President Senior status Appointed by Reason for
termination
1 Charles H. Ham 1831–1902 1890–1902 1897–1902 B. Harrison resignation
2 George C. Tichenor 1838–1902 1890–1902 1890–1897 B. Harrison death
3 Joseph Biddle Wilkinson Jr. 1845–1915 1890–1899 B. Harrison resignation
4 James A. Jewell c. 1840–1912 1890–1903 B. Harrison resignation
5 Henderson M. Somerville 1837–1915 1890–1915 1910–1914 B. Harrison death
6 Ferdinand N. Shurtleff 1837–1903 1890–1899 B. Harrison removal[Note 1]
7 Joseph Lewis Stackpole 1838–1904 1890–1890 B. Harrison resignation
8 Thaddeus S. Sharretts 1850–1926 1890–1913 B. Harrison removal[Note 2]
9 George H. Sharpe 1828–1900 1890–1899 B. Harrison resignation
10 Wilbur Fisk Lunt 1848–1908 1891–1908 B. Harrison death
11 William Barberie Howell 1865–1927 1899–1926 1925–1926 McKinley reassignment
12 Israel F. Fischer 1858–1940 1899–1926[Note 3] 1902–1905 McKinley reassignment
13 Marion De Vries 1865–1939 1900–1910[Note 4] 1906–1910 McKinley elevation
14 Byron Sylvester Waite 1852–1930 1902–1926 T. Roosevelt reassignment
15 Charles P. McClelland 1854–1944 1903–1926[Note 5] T. Roosevelt reassignment
16 Eugene Gano Hay 1853–1933 1903–1923[Note 6] T. Roosevelt retirement
17 Roy Chamberlain 1861–1953 1908–1913[Note 7] T. Roosevelt removal[Note 2]
18 Samuel B. Cooper 1850–1918 1910–1918 Taft death
19 Jerry Bartholomew Sullivan 1859–1948 1913–1926 1914–1925 Wilson reassignment
20 George Stewart Brown 1871–1941 1913–1926 Wilson reassignment
21 William C. Adamson 1854–1929 1917–1926 Wilson reassignment
22 George Emery Weller 1857–1932 1919–1926 Wilson reassignment
23 George M. Young 1870–1932 1924–1926 Coolidge reassignment
  1. ^ Removed from office by William McKinley.
  2. ^ a b Removed from office by William Howard Taft.
  3. ^ Recess appointment; formally nominated on December 15, 1899, confirmed by the United 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

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

See also

  • V.O.S. Selections, Inc. v. United States

References

  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. Retrieved May 29, 2025.
  2. ^ "About the Court". Court of International Trade. Retrieved March 12, 2021.
  3. ^ "About the Court". Court of International Trade. Jurisdiction of the Court. Retrieved March 12, 2021.
  4. ^ a b Patrick 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. Retrieved May 29, 2025.
  7. ^ a b c d e History 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. Retrieved May 29, 2025.
  13. ^ "US trade court blocks Trump's sweeping tariffs in blow to trade policies". www.bbc.com. May 29, 2025. Retrieved May 29, 2025.
  14. ^ Casey Nelson Blake, "Tilted Arc, and the Crisis of Public Art" in The 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 from https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1357&context=njilb.