United States Court of International Trade

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The United States Court of International Trade is an Article III court, with full powers in law and equity. The Customs Court Act of 1980 replaced the old United States Customs Court with the United States Court of International Trade. The Court has nine Judges, of whom no more than five can be of the same political party, as well as Senior Judges. The Court sits in New York City, although the Court is authorized to sit elsewhere.

The Court possesses limited subject matter jurisdiction, meaning that it can only hear 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 International Trade Commission and the Department of Commerce's International Trade Administration regarding antidumping and countervailing duties.

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 1988 Canadian-US Free Trade Agreement.

Normally, most cases are heard by a single judge. However, when a case challenges the constitutionality of a U.S. law or has important implications regarding the administration or interpretation of the customs laws, then the case may be heard by a three judge panel.

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.

Appeals from the Court of International Trade are heard by the United States Court of Appeals for the Federal Circuit, which normally sits in Washington, D.C.. Further appeals from the United States Court of Appeals for the Federal Circuit are heard by the United States Supreme Court.