§ 256. — Trials at ports other than New York.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC256]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 11--COURT OF INTERNATIONAL TRADE
Sec. 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 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.
(Added Pub. L. 91-271, title I, Sec. 109, June 2, 1970, 84 Stat. 277;
amended Pub. L. 97-164, title I, Sec. 107, Apr. 2, 1982, 96 Stat. 28.)
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''.
Effective 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
Section 122 of title I of Pub. L. 91-271 provided that:
``(a) This title [see Short Title of 1970 Amendment note set out
under section 1 of this title] shall become effective on October 1,
1970, 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 [June 2, 1970], 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.''
Section Referred to in Other Sections
This section is referred to in section 1292 of this title.
