Customs Courts Act of 1979

Summary

Customs Courts Act of 1979 - Title I: Purpose - States the purposes of this Act. Title II: Composition of the Court of International Trade and Assignment of Judges to Other Courts - Redesignates the United States Customs Court as the United States Court of International Trade. Authorizes the Chief Justice to assign temporarily any Court of International Trade judge to perform duties in a court of appeals (as well as in a district court as currently provided). Authorizes the chief judge of the Court of International Trade to assign temporarily any judge of such court to serve as a judge of the Court of Claims (as well as the Court of Customs and Patent Appeals as currently provided). Title III: Jurisdiction of the Court of International Trade - Grants to the Court of International Trade, in addition to the jurisdiction currently possessed by the Customs Court, exclusive jurisdiction to review: (1) certain countervailing and antidumping duty determinations pursuant to the Trade Agreements Act of 1979; (2) advice, findings, recommendations, and determinations of the International Trade Commission pursuant to specified provisions of the Trade Act of 1974, the Tariff Act of 1930, and the Agricultural Adjustment Act, solely for the purpose of determining procedural regularity; (3) certain actions of the Office of the Special Trade Representative pursuant to the Trade Act of 1974, solely for the purpose of determining the procedural regularity; (4) any decision of the Secretary of Labor or the Secretary of Commerce certifying or refusing to certify workers, communities, or businesses as eligible for adjustment assistance under the Trade Act of 1974 (stipulates that no injunction or writ of mandamus shall be issued in such cases); and (5) a determination by the Secretary of the Treasury as to whether an article is a product of a foreign country or designated instrumentality under the Trade Agreements Act of 1979. Grants to the Court of International Trade exclusive jurisdiction over: (1) certain applications for the issuance of protective orders under the Tariff Act of 1930; (2) civil actions against the United States arising directly from import transactions under the Tariff Act of 1930, the Trade Expansion Act of 1962, the Trade Act of 1974, or the Trade Agreements Act of 1979, with specified exceptions; and (3) civil actions arising from import transactions which have been instituted by the United States to (A) recover civil fines or penalties or enforce forfeitures imposed under revenue statutes administered by the Customs Service, (B) recover upon bonds relating to the importation of merchandise required by Federal laws or by the Secretary of the Treasury, or (C) recover customs duties, upon transfer from a district court. Sets forth procedures with respect to such a transfer. Directs a district court to transfer, in the interest of justice, a civil action within the exclusive jurisdiction of the Court of International Trade to such Court. Directs the Court of International Trade to transfer, in the interest of justice, a civil action within the exclusive jurisdiction of a district court or court of appeals to such court. Grants to the Court of International Trade all powers in law and equity of a district court. Title IV: Court of International Trade Procedure - Specifies procedures with respect to the following items: (1) persons entitled to commence civil actions; (2) commencement of a civil action; (3) filing fees; (4) notice; (5) filing of official documents; (6) time requirements for commencement of actions; (7) exhaustion of administrative remedies; (8) new grounds in support of civil actions; (9) burden of proof; (10) the scope and standard of judicial review; (11) witnesses and inspection of documents; (12) analysis of imported merchandise; (13) remedies; (14) judicial decisions; (15) retrials or rehearings; and (16) precedence of cases. Title V: Court of Customs and Patent Appeals - Grants to the Court of Customs and Patent Appeals jurisdiction of appeals from interlocutory orders of the Court of International Trade with respect to injunctions. Allows a party to appeal to the Court of Customs and Patent Appeals from a final order of the Court of International Trade within 14 days after the filing date of a first notice of appeal. Makes certain revisions in the appellate procedure with respect to the Court of Customs and Patent Appeals. Applies the Federal Rules of Evidence to any appeal from the Court of International Trade in the Court of Customs and Patent Appeals. Grants to the Court of Customs and Patent Appeals all powers in law and equity of a court of appeals. Grants to such Court exclusive jurisdiction to review: (1) any decision of the Secretary of the Treasury to deny or revoke a customs brokers' license under the Tariff Act of 1930; or (2) any action challenging an order to revoke or suspend a license. Authorizes the Court of Customs and Patent Appeals to conduct an annual judicial conference to consider court business and improvements in the administration of justice in the court. Title VI: Technical and Conforming Amendments - Makes technical and conforming amendments.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 2 August 1979

   Introduced

   Referred to Senate Committee on the Judiciary.

   Source: IntroReferral

2. 2 August 1979

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 7 December 1979

   Reported

   Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 96-466.

   Source: Committee

4. 7 December 1979

   Reported

   Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 96-466.

   Source: Committee

5. 18 December 1979

   Floor

   Call of calendar in Senate.

   Source: Floor

6. 18 December 1979

   Passed

   Passed/agreed to in Senate: Measure passed Senate, amended.

   Source: Floor

7. 20 December 1979

   Introduced

   Referred to House Committee on the Judiciary.

   Source: IntroReferral

8. 22 September 1980

   Passed

   Measure passed House, amended, in lieu of H.R. 7540.

   Source: Floor

9. 22 September 1980

   Passed

   Passed/agreed to in House: Measure passed House, amended, in lieu of H.R. 7540.

   Source: Floor

10. 22 September 1980

    Floor

    Measure considered in House.

    Source: Floor

11. 22 September 1980

    Discharge

    Committee on the Judiciary discharged in House.

    Source: Discharge

12. 22 September 1980

    Committee

    Committee on the Judiciary discharged in House.

    Source: Committee

13. 24 September 1980

    Passed

    Senate agreed to House amendment.

    Source: ResolvingDifferences

14. 24 September 1980

    Passed

    Resolving differences -- Senate actions: Senate agreed to House amendment.

    Source: NotUsed

15. 29 September 1980

    President

    Measure enrolled in House.

    Source: President

16. 30 September 1980

    Floor

    Measure presented to President.

    Source: Floor

17. 30 September 1980

    President

    Measure presented to President.

    Source: President

18. 30 September 1980

    President

    Measure enrolled in Senate.

    Source: President

19. 10 October 1980

    President

    Public Law 96-417.

    Source: President

20. 10 October 1980

    Became law

    Signed by President.

    Source: BecameLaw

21. 10 October 1980

    President

    Signed by President.

    Source: President

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

5 official files

• Public Law (PDF)

  Public Law · EN · 11 October 1980

  ViewDownloadOpen at official source

• Passed House amended

  summary · EN · 22 September 1980

  Open at official source

• Passed Senate amended

  summary · EN · 18 December 1979

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 7 December 1979

  Open at official source

• Introduced in Senate

  summary · EN · 2 August 1979

  Open at official source

Sponsors

• Sen. DeConcini, Dennis [D-AZ] · D · Sponsor
• · hsju00 · Standing
• · ssju00 · Standing

Related records

• related to → Customs Courts Act of 1980