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Title 28 — Judiciary and Judicial Procedure

Part I · Chapter 11 — Court of International Trade

§ 256. Trials at ports other than New York

Statutory text

(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 interests of economy, efficiency, and justice will be served, the chief judge may issue an order authorizing 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 provisions 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 appeal.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. The Customs Courts Act of 1970

    Pub. L. 91–271 title I § 109 · 84 Stat. 273

    Enacted · 28 U.S.C. § 256

    Added Pub. L. 91–271, title I, § 109, June 2, 1970, 84 Stat. 277

    Source evidence

    Code source credit
    Added Pub. L. 91–271, title I, § 109, June 2, 1970, 84 Stat. 277

    Enacted provision · exact public law section
    Sec. 109. trials at ports other than new york There shall be a new section 256 of title 28 of the United States Code as follows: “§ 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 healing at the port or place. “(b) Upon application of a party or upon his own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge may issue an order authorizing 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 lie taken from such an order pursuant to the provisions of section 1541(b) of this title, subject to the discretion Ante, p. 275. of the Court, of Customs and Patent Appeals as set forth in that section.”

  2. Federal Courts Improvement Act of 1982

    Pub. L. 97–164 title I § 107 · 96 Stat. 25

    Substituted · 28 U.S.C. § 256(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    Sec. 107. interlocutory appeals from certain orders Section 256(b) of title 28, United States Code, is amended by striking out “section 1541(b)” and all that follows through “in that section.” and inserting in lieu thereof the following: “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.”.

    Effective date note
    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.

2 of 2 references resolved to an enrolled provision

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 , 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, , 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 , 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 effective date for which trial has commenced by such effective 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 appropriate 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 Customs before the effective date of enactment of this Act [], 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.”

Credits

1970–1982 · 2 acts
  1. 1970Added Pub. L. 91–271, title I, § 109, , 84 Stat. 277
  2. 1982amended Pub. L. 97–164, title I, § 107, , 96 Stat. 28.
Show as published

(Added Pub. L. 91–271, title I, § 109, , 84 Stat. 277; amended Pub. L. 97–164, title I, § 107, , 96 Stat. 28.)

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