§ 293. — Judges of the Court of International Trade.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC293]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 13--ASSIGNMENT OF JUDGES TO OTHER COURTS
Sec. 293. Judges of the Court of International Trade
(a) \1\ 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.
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\1\ So in original. No subsec. (b) has been enacted.
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(June 25, 1948, ch. 646, 62 Stat. 901; July 14, 1956, ch. 589,
Sec. 3(a), 70 Stat. 532; Pub. L. 85-755, Sec. 4, Aug. 25, 1958, 72 Stat.
848; Pub. L. 95-598, title II, Sec. 205, Nov. 6, 1978, 92 Stat. 2660;
Pub. L. 96-417, title I, Sec. 102, title V, Sec. 501(8), Oct. 10, 1980,
94 Stat. 1727, 1742; Pub. L. 97-164, title I, Sec. 110(a), (b), Apr. 2,
1982, 96 Stat. 29.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 301 (Mar. 3, 1911, ch.
231, Sec. 188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, Sec. 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.
Amendments
1982--Pub. L. 97-164, Sec. 110(b), substituted ``the Court of
International Trade'' for ``other courts'' in section catchline.
Subsec. (a). Pub. L. 97-164, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 501(8), redesignated the Customs
Court as the Court of International Trade.
Subsec. (d). Pub. L. 96-417, Sec. 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.
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 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.
