28 U.S.C. § 253

Duties of chief judge

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(a) The chief judge of the Court of International Trade, with the approval of the court, shall supervise the fiscal affairs and clerical force of the court; 11 So in original. The semicolon probably should be a period.(b) The chief judge shall promulgate dockets.(c) The chief judge, under rules of the court, may designate any judge or judges of the court to try any case and, when the circumstances so warrant, reassign the case to another judge or judges.(June 25, 1948, ch. 646, 62 Stat. 900; Pub. L. 86–243, § 3, Sept. 9, 1959, 73 Stat. 474; Pub. L. 91–271, title I, § 105, June 2, 1970, 84 Stat. 276; Pub. L. 96–417, title V, § 501(3), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 104–317, title V, § 501(b)(2), Oct. 19, 1996, 110 Stat. 3856.)Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 296 (Mar. 3, 1911, ch. 231, § 187(a), as added Oct. 10, 1940, ch. 843, § 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.

Editorial NotesAmendments

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.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 37 cases (5 in the last 5 years), 1932–2026 · leading case: National Corn Growers Ass'n v. Baker

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National Corn Growers Ass'n v. Baker (1986) cit · cites it 5× “The action was assigned to a single-judge court pursuant to 28 U.S.C. § 253 (c). On September 9, 1985, plaintiffs moved for a temporary restraining order and preliminary injunction against the Customs Service, inter alia, to delay the liquidation of imports of ethanol mixtures…”

Changzhou Trina Solar Energy Co. v. United States (2016) cit “Pursuant to USCIT Rule 77(e)(4) and 28 U.S.C. § 253 (c), the case was reassigned to Judge Claire R.”

Deck v. Steele (2017) moed “28 U.S.C. § 253 (c)(1)(A). To grant such a certificate, the justice or judge must'find a substantial showing of the denial of á federal constitutional right.”

Stupp Corp. v. United States (2019) cit “Kelly by the Chief Judge pursuant to 28 U.S.C. § 253 (c) (2012) and Rule 77(e)(4) of the Rules of the U.”

Fundicao Tupy S.A. v. United States (1987) cit · cites it 2× “The authority of the chief judge to designate a three-judge panel of the Court to hear and determine a case is found in Title 28 U.S.C. §§ 253 (c), 255(a) (1982). Section 253(c) of Title 28 provides: The chief judge, under rules of the court, may designate any judge or judges of…”

Sony Electronics, Inc. v. United States (2001) cit · cites it 3× “(“Arbon”) for an order reassigning this action to a three-judge panel pursuant to 28 U.S.C. §§ 253 (c) and 255(a) (1994) and Rule 77(e)(2) of the Rules of this Court.”

Kyocera Solar, Inc. v. United States (2017) cit “On November 18, 2016, pursuant to US CIT Rule 77(e)(4) and 28 U.S.C. § 253 (c) (2012), the case was reassigned following Judge Pogue's death.”

Roses, Inc. v. United States (1988) cit · cites it 4× “Pursuant to the statutory authority of the chief judge to assign cases, 28 U.S.C. § 253 (c), these five actions were assigned by the chief judge to a single judge.”

Seattle Marine Fishing Supply Co. v. United States (1989) cit · cites it 3× “Pursuant to 28 U.S.C. § 253 (c) this action was assigned to a single judge of this court.”

Hartford Fire Insurance Co. v. United States (2017) cit “On November 18, 2016, after the passing of the assigned judge, the case was reassigned to a new judge pursuant to 28 U.S.C. § 253 (c) and USCIT Rule 77(e)(4).”

Michelin Tire Corp. v. United States (1979) cusc “” Thus, in 28 U.S.C. § 253 , the Chief Judge of the Customs Court is empowered to designate judges to “try any case” and in 28 U.”

CEMEX, S.A. v. United States (1991) cit · cites it 3× “MEMORANDUM OPINION CARMAN, Acting Chief Judge: Plaintiff moves pursuant to 28 U.S.C. §§ 253 (c) and 255(a) (1988) and Rule 77(e)(2) of the Rules of this Court for an order assigning this action to a three-judge panel.”

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