U.S. Code » Title 28 » Part PART I— ORGANIZATION OF COURTS › Chapter CHAPTER 13— ASSIGNMENT OF JUDGES TO OTHER COURTS

28 U.S.C. § 293

Judges of the Court of International Trade

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(a) 11 So in original. No subsec. (b) has been enacted. The Chief Justice of the United States may designate and assign temporarily any judge of the Court of International Trade to perform judicial duties in any circuit, either in a court of appeals or district court, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit in which the need arises.(June 25, 1948, ch. 646, 62 Stat. 901; July 14, 1956, ch. 589, § 3(a), 70 Stat. 532; Pub. L. 85–755, § 4, Aug. 25, 1958, 72 Stat. 848; Pub. L. 95–598, title II, § 205, Nov. 6, 1978, 92 Stat. 2660; Pub. L. 96–417, title I, § 102, title V, § 501(8), Oct. 10, 1980, 94 Stat. 1727, 1742; Pub. L. 97–164, title I, § 110(a), (b), Apr. 2, 1982, 96 Stat. 29.)Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 301 (Mar. 3, 1911, ch. 231, § 188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475).

Section simplifies last sentence of section 301 of title 28, U.S.C., 1940 ed., and is in conformity with other designation and assignment provisions of this chapter.

Other provisions of said section 301 of title 28, U.S.C., 1940 ed., are incorporated in sections 211–213, 215, and 296 of this title.

This section transfers from the President to the Chief Justice of the United States the authority to designate and assign which is in conformity with sections 201 and 292 of this title.

The words “he is willing to undertake” were added to make clear that such service is voluntary.

The term “chief judge” was substituted for “presiding judge.” (See reviser’s note under section 136 of this title.)

Changes were made in phraseology.

Editorial NotesAmendments

1982—Pub. L. 97–164, § 110(b), substituted “the Court of International Trade” for “other courts” in section catchline.

Subsec. (a). Pub. L. 97–164, § 110(a)(1), (2), redesignated subsec. (b) as (a). Former subsec. (a), which authorized the Chief Justice to designate and assign judges of the Court of Claims or the Court of Customs and Patent Appeals to serve temporarily on the other of these two courts or in a court of appeals or district court of any circuit in times of necessity, was struck out.

Subsec. (b). Pub. L. 97–164, § 110(a)(2), (3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95–598, as subsec. (b). Former subsec. (b) redesignated (a). See 1978 Amendment note below.

Subsecs. (c), (d). Pub. L. 97–164, § 110(a)(1), struck out subsecs. (c) and (d) which related, respectively, to the authority of the chief judge of the Court of Customs and Patent Appeals to designate and assign temporarily any judge of the Court of Customs and Patent Appeals to serve as a judge of the Court of International Trade and to the authority of the chief judge of the Court of International Trade to designate and assign temporarily any judge of the Court of International Trade to serve as a judge of the Court of Customs and Patent Appeals or the Court of Claims.

Subsec. (e). Pub. L. 97–164, § 110(a)(3), redesignated subsec. (e), as that subsec. was to have become effective pursuant to Pub. L. 95–598, as subsec. (b). See 1978 Amendment note below.

1980—Subsec. (b). Pub. L. 96–417, § 102(a), redesignated the Customs Court as the Court of International Trade and authorized performance of judicial functions in a court of appeals.

Subsec. (c). Pub. L. 96–417, § 501(8), redesignated the Customs Court as the Court of International Trade.

Subsec. (d). Pub. L. 96–417, § 102(b), redesignated the Customs Court as the Court of International Trade and authorized temporary assignments to the Court of Claims of judges of the Court of International Trade upon presentation of a certificate of necessity by the chief judge of the Court of Claims.

1978—Subsec. (e). Pub. L. 95–598 directed the amendment of this section by adding subsec. (e) relating to temporary assignments of bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

1958—Pub. L. 85–755 substituted “Judges of other courts” for “Circuit or district judges to court of customs and patent appeals” in section catchline.

Subsec. (a). Pub. L. 85–755 added subsec. (a). It incorporates provisions of former sections 291(a), (b) and 292(e) of this title respecting assignment of any judge of the Court of Claims to serve as circuit judge in any circuit, assignment of judges of the Court of Customs and Patent Appeals to serve as judges of the Court of Appeals or the District Court of Appeals or the District Court for the District of Columbia, and assignment of judges of the Court of Claims to district courts, respectively.

Subsec. (b). Pub. L. 85–755 designated existing second par. as subsec. (b).

Subsecs. (c), (d). Pub. L. 85–755 added subsecs. (c) and (d).

1956—Act July 14, 1956, authorized the Chief Justice of the United States to designate and assign temporarily a judge of the Customs Court to perform judicial duties in a district court in any circuit.

Statutory Notes and Related SubsidiariesEffective 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 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.

Jurisdiction of United States Court of Customs and Patent Appeals

Amendment by Pub. L. 85–755 not limiting or altering the jurisdiction of the United States Court of Customs and Patent Appeals [now United States Court of Appeals for the Federal Circuit], see section 7 of Pub. L. 85–755, set out as a note under section 291 of this title.

Limitation or Alteration of Jurisdiction

Amendment by act July 14, 1956, not to be construed as limiting or altering the jurisdiction heretofore conferred upon the Customs Court [now United States Court of International Trade], see section 4 of act July 14, 1956, set out as a note under section 251 of this title.

Notes of Decisions
Cited in 25 cases (4 in the last 5 years), 1950–2025 · leading case: Glidden Co. v. Zdanok
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Glidden Co. v. Zdanok (1962) scotus · cites it 2× “Warren Madden, then an active judge of the Court of Claims sitting by designation of the Chief Justice of the United States under 28 U. S. C. § 293 (a). [2] No. 481 is a criminal prosecution instituted in the United States District Court for the District of Columbia and…”
Pitcairn v. United States (1976) cc “Lane, Associate Judge, United States Court of Customs and Patent Appeals, sitting by designation as Trial Judge in this case, pursuant to 28 U.S.C. § 293 (a) and § 2505, in accordance with United States Court of Claims Buie 134(h).”
United Roasters, Inc. v. Colgate-Palmolive Co. (1980) nced “MALETZ, Judge, United States Customs Court presiding by designation pursuant to 28 U.S.C. § 293 (b). 1 . For comment on these statutes see Morgan, The People’s Advocate in the Marketplace— The Role of the North Carolina Attorney General in the Field of Consumer Protection, 6…”
American Security Bank v. American Security & Trust Co. (1978) ccpa “Thus, appellant has shown facts which refute appellee’s claim that it is the “owner” of a trademark and has an exclusive right to its use in commerce throughout the United States; appellant clearly would be “damaged” by the grant of an unrestricted registration to appellee. In…”
Selame Associates, Inc. v. Holiday Inns, Inc. (1978) mad “Judge of the United States Customs Court sitting by designation pursuant to 28 U.S.C. § 293 (b).”
Giorgio Foods, Inc. v. United States (2007) cit “§ 292 (e); 28 U.S.C. § 293 (a); 28 U.S.C. § 566 ). Defendant also cites cases before the Customs Court as support for its argument.”
Doyle v. United States (1982) cacd “Judge of the United States Court of International Trade sitting by designation pursuant to 28 U.S.C. § 293 (b). 2 . In pertinent part 28 U.”
United States v. Healthwin-Midtown Convalescent Hospital & Rehabilitation Center, Inc. (1981) cacd “Judge of the United States Court of International Trade sitting by designation pursuant to 28 U.S.C. § 293 (b). 2 . Rule 17(b) of the Federal Rules of Civil Procedure provides that “[t]he capacity of a corporation to sue or be sued shall be determined by the law under which it…”
Jascourt (1975) cc “On May 80,1975 the court issued the following order: Before CoweN, Chief Judge, Market, Chief Judge of the United States Court of Customs and Patent Appeals, sitting by designation pursuant to 28 U.S.C. §293 (a), and Lara-more, Senior Judge.”
Hospital Building Co. v. Trustees of Rex Hospital (1980) nceb “Hospital Corporation of America and Charter Medical Corporation, Civil No.”
Marshall v. Woods Hole Oceanographic Institution (1978) mad “Judge of the United States Customs Court sitting by designation pursuant to 28 U.S.C. § 293 (b). 2 . The action was originally brought in the name of Peter J.”
United States v. Federal Maritime Commission, Sea-Land Service, Inc., Black Sea Shipping Co., Intervenors (1980) cadc “Sitting by designation pursuant to 28 U.S.C. § 293 (a). . The concern here is with standing, not wisdom.”
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