The Board had nine members appointed by the President of the United States and empowered to review decisions of United States Customs officials concerning the amount of duties to be paid on importations. [5], Although the Court maintains its own rules of procedure, they are patterned for the most part on the Federal Rules of Civil Procedure. These opinions will not prevent Commerce from aggressively addressing scope issues in future inquiries. Chambers does not accept applications from current LLM students. Gary KatzmannMiller BakerClaire R. KellyJennifer Choe GrovesTimothy ReifStephen Vaden, Jane RestaniJudith BarzilayRichard Eaton (Federal judge)Leo GordonDelissa RidgwayTimothy StanceuThomas AquilinoRichard Goldberg (Federal judge)R. Kenton Musgrave, Jane RestaniGregory Carman (United States Court of International Trade)Timothy Stanceu. Billings Attorneys: For plaintiff: For Petitioner (on submission): Carlton L. Hume, Hume Law Firm, LLC, Hartford, Conn. & Member of the Judicial Conference of the United States, 2003-2010, Member of the Executive Committee of the Judicial Conference of the United States, 2010, Chief Judge, 2003-2010. Paul Jones Prado Partner Irving [3] She was a law review staff writer in her second year, and articles editor in her third. Strom Id. Marsh for defendant: McNamara [7] Although many members of the United States Senate objected to Cline's appointment, both because of her sex, and because they believed she was self-taught and had no judicial experience, her supporters advocated strongly for her, including Katherine Pike, president of the National Association of Women Lawyers and a number of club-women. Second, Judge Restani looked to the Harmonized Tariff Schedule of the United States subheadings referenced in the scope and noted that they involve eo nomine headings. Twitter The eleven "numbered" circuits and the D.C. Case Number: 09-3935-cr, Cite as: US v. John C. Hotaling, 09-3935-cr, NYLJ 1202483889430, at *1 (2cir, Decided February 28, 2011)Before: Newman And Hall, C.JJ., and Restani,* J.p c, Publication Date: 2013-08-30 Larimer [3] She assumed senior status on March 1, 2015. Farnan 351.225(k)(1) sources are not dispositive, Commerce will consider the following factors: (i) the physical characteristics of the product; (ii) the expectations of the ultimate purchasers; (iii) the ultimate use of the product; (iv) the channels of trade in which the product is sold; and (v) the manner in which the product is advertised and displayed. Id. Partner All internships are unpaid positions. Lawrence M. Friedman (JD 1989/LLM 2001) That holding comports with the well-settled principle of administrative law that an agency, like Commerce, commits arbitrary and capricious decision-making when it entirely fail{s} to consider an important aspect of the problem. Motor Vehicle Mfrs. Commerces mixed media analysis undoubtedly raises problems for CBP and importers alike. Most cases are heard by a single judge. . In 2019, he publicly opposed a court offer from another judge that led to a 5-year sentence for Tyson Theodore Mayfield, who angrily confronted, threatenedand yelled racial slurs at a pregnant African-American woman at a Fullerton bus stop. .widget-row.heading { ', Don't Be Fooled by the Crypto Crash: Blockchain Still Matters For Lawyers, How the Meaning of Law Firm 'Culture' Evolved in 2022, Law Firm Security: How to Safeguard Your Data in the Cloud, The Complete Guide: Law Firm Website Essentials for 2023, 10 Zen Ways to Manage Cash Flows with Contract Intelligence. Tevrizian Leisure [1], The court is located at One Federal Plaza in New York City at the Courthouse of the United States Court of International Trade.[1]. Miller Disneyland employees laughed at struggling disabled guest before deadly fall, lawsuit alleges, University leaders admit to misstep in Islamophobia controversy as adjunct professor files lawsuit, Winter storm warning issued for metro Denver, northeast plains ahead of significant storm, The Embrace Martin Luther King Jr. Boston memorial causes a stir, Duluth Boy Scout has slept outside for 1,000 days and counting, NYPD captain forced out after collecting about $60K for hours he never worked, Do Not Sell/Share My Personal Information. Gadola JJ., and Restani,* J. Wolin Janet K. Colaneri, Richard K. Eaton Wood Hon. Judge Torruella This Opinion also contains an Order that on or before December 17, 2018, Treasury and CBP shall file the final rule for Modernized Drawback with the Office of the Federal Register. Wilkins } Scalia Lovell [5] Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the court judges. Dated: July 7, 2022 Shuzhen Zhong, plaintiff, of Staten Island, N.Y., proceeding pro se. O'Scannlain Judge at United States Court of International Trade (November 16, 1983 - Present) Appointed By: Ronald Reagan Selected By: Appointment (President) on Nov. 3, 1983 Suhrheinrich Johnson Kelly She served as Chief Judge of the Court from 2003 to 2010. That is especially true when Commerce answers whether potentially subject goods entered into the United States as part of a set or kit should be subject to an order. [2], The judge's decision will allow a special election on March 16, 2010, to select the replacement to his Senate seat. Ballotpedia features 393,630 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. border:1px solid #FFB81F; Auto. Dubois The current composition of the court under the final act in 1980 consists of nine judges appointed by the president for life terms. Keenan Mr. Ransdell assists clients in proceedings before the U.S. Department of Commerce and the U.S. International Trade Commission, including dumping, countervailable subsidy, Section 232, and material injury determinations. Ezra Sam 69 0 obj Beezer .widget-key { & Plunkett PRESENT: PETER W. HALL, DEBRA ANN LIVINGSTON, Circuit Judges, JANE A. RESTANI, Judge. We reserve the right at all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us, and to disclose any information necessary to satisfy the law, regulation, or government request. Practice Area: Ellis (quoting 19 C.F.R. Marovich The court possesses limited subject matter jurisdiction across the United States. Wellford, Baldock Police and prosecutors immediately criticized the proposed deal, calling it far too lenient. Brunetti Hamilton & First, Commerce must examine the orders scope to determine whether it contains an ambiguity and, thus, is susceptible to interpretation. Id. Restani, Judge: Before the court is a motion for judgment on the agency record pursuant to United States Court of International Trade ("USCIT") Rule 56.2, in an action challenging a final determination of the United States Department of Commerce ("Commerce"). Over the past month, the U.S. Court of International Trade (CIT) has issued two opinions that remind us of the limits to Commerce's scope enforcement activities. } O'Connor Cyr Hilton Date Filed: 2010-09-20 Lagueux 06-00184, Restani wrote, "Based on the ability of any user to alter Wikipedia, the court is skeptical of it as a consistently reliable source of information. Recess appointment; formally nominated on June 22, 1948, confirmed by the Senate on January 31, 1949, and received commission on February 2, 1948. Kleinfeld Coughenour font-weight: bold; Jane Ann Restani (born February 27, 1948 in San Francisco, California) is a Senior United States Judge of the United States Court of International Trade. Your article was successfully shared with the contacts you provided. Longobardi Van Antwerpen endstream A court of appeals decides appeals from any of the district courts that are in its federal judicial circuit. 22-00041 OPINION [In challenge to customs broker's license denial, judgment on the pleadings for defendant.] Barnes, Richardson & Colburn, LLP, w/ Hon. } Magnuson Spencer Commerce had relied upon its mixed media analysis to find that various pole line hardware products, which contain helical spring lock washers as component parts, fall within the scope of the antidumping duty order on certain helical spring lock washers from the Peoples Republic of China. Qualified (1983). [2], In the event that no judge on the court meets those qualifications, the youngest judge in regular active service aged 65 years or more and who has served as a judge for one year or more shall become chief judge. U.S. Court of International Trade, w/ Hon. Nov. 15, 1983, Vote Info: Practice Area: .top_disclaimer { Garcia Affiliations have been gathered from ballots, appointments, and original research. Lawrence M. Friedman (JD 1989/LLM 2001) Head at 9. Silberman Kram Scirica Under settled customs principles, eo nomine subheadings describe merchandise by a specific name, rather than use. .widget-row.Libertarian { v. United States , Judge Jane A. Restani faulted Commerce for unreasonably relying on its mixed media analysis to address a fully assembled, distinct . [8], On July 14, 1956, Congress made the United States Customs Court an Article III tribunal, again without changing its jurisdiction, powers, or procedures. Lawrence M. Friedman (JD 1989/LLM 2001) Gregory W. Carman, Jurisdiction and the Court of International Trade: Remarks of the Honorable Gregory W. Carman at the Conference on International Business Practice Presented by the Center for Dispute Resolution on February 27-28, 1992, 13 Nw. Date Filed: 2008-09-25 Law.com delivers news, insights and resources that allow legal professionals to anticipate opportunities, adapt to change, and prepare for future success. Indeed, Commerce may have legitimate reasons for the enforcement posture that it has taken in recent years, given the emphasis placed on enforcement activities by both Congress and several recent Administrations. Applicants must submit a resume, cover letter detailing your interest in international trade or other work of the court, copy of law school transcript, and legal writing sample. & Moore *, EDMONDSON and MARCUS, Circuit Judges, and RESTANI, Judge, Is Artificial Intelligence Copyright Authorship a 'Red Herring? Little Lechner Jamie D. Underwood is a partner and global IP strategist in Latham & Watkins' International Trade Commission (ITC) and Intellectual Property Practices. It may hear only cases involving particular international trade and customs law questions. Villalba called for his girlfriend to grab the gun, the officer said, but she apparently ignored his request. width: 250px; margin: auto; Site Map, Advertise| Judge } 1581(i)(2), which grants the Court of International Trade ("CIT") "exclusive jurisdiction of any civil action commenced against the United States, its agencies, or its officers, that arises out of any law of . Patterson U.S. Court of International Trade Total Pages: 5. Restani Ideman If Commerce uses its mixed media analysis to find a product within the scope of an order, CBP must administer that decision at the border. Judge Thomas J. Aquilino, Jr. Judge M. Miller Baker. She received teaching credentials in 1970 from the University of California, Berkeley. [1] Seated in New York City, it exercises broad jurisdiction over most trade-related matters, and is permitted to hear and decide cases anywhere in the country, as well as abroad. Hallanan The thirteenth court of appeal is the Court of Appeals for the Federal Circuit. If convicted of the current charges, he faces up to six years and eight months in prison. & Katz Laffitte Holderman Collin Mathias, Boston University School of Law Kanne Brewster By virtue of his seniority of age, Judge Barnett holds seniority over Judge Kelly despite their identical commission dates. Mills Telesca First, Chief Judge Stanceu held that Commerce failed to consider the petition filed in the underlying investigation, despite the requirement in 351.225(k)(1) that it do so. Slip Op. Terms of Service, Choose How You Would Like to Share This Page, Facebook Gibson [9] After making some procedural changes in the Customs Courts Act of 1970, Congress addressed substantive issues concerning the court's jurisdiction and remedial powers in the Customs Courts Act of 1980, which broadened the power of the court and renamed it the United States Court of International Trade. Gibbons Barbour Wiggins To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. Many Judges of the Court of International Trade also regularly sit by designation on three-judge panels of the United States courts of appeals. Case Number: 07-1818-cr, Argued June 13, 2008Before: JACOBS, Chief Judge, POOLER, Circuit Judge, and RESTANI*fn1, JudgeThis appeal arises from a conviction of two counts of willful fail, Publication Date: 2013-06-27 Evan Gary Katzmann Flaum United States Court of International Trade. for defendant: For Respondent (on submission): Tony West, Assistant Attorney General; Leslie McKay, Assistant Director; Kristofer R. McDonald, Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C. First, Judge Restani based her analysis in part upon the customs law principle that the classification of articles imported must be ascertained by an examination of the imported article itself{} in the condition in which it is imported. Id. (with distinction); University of California at Davis, 1973, J.D., articles editor, Law Review, Order of Coif, Phi Kappa Phi. All of the courts of appeals also hear appeals from some administrative agency decisions and rulemaking. She assumed senior status on March 1, 2015. Gary KatzmannMiller BakerClaire R. KellyJennifer Choe GrovesTimothy ReifStephen Vaden, Jane RestaniJudith BarzilayRichard Eaton (Federal judge)Leo GordonDelissa RidgwayTimothy StanceuThomas AquilinoRichard Goldberg (Federal judge)R. Kenton Musgrave, Jane RestaniGregory Carman (United States Court of International Trade)Timothy Stanceu, Bartlett SINGAPORE A former chief financial officer (CFO) of commodity firm Agritrade International was given a 20-year jail sentence on Tuesday (Jan 17) for her role in a multi-million-dollar cheating . Woodlock Smith Hall Fox Weber Where were the biggest dips? Smith, Jr. UNITED STATES COURT OF INTERNATIONAL TRADE SHUZHEN ZHONG, Plaintiff, v. UNITED STATES, Defendant. Tacha Court: U.S. Court of Appeals, Second Circuit Torres Attorneys: For plaintiff: Garth Goldberg Partner The officer said Villalba repeatedly grabbed for his gun, eventually ripping his holster from its base plate and leaving it dangling upside down. Id. Circuit Judge, and Jane A. Restani, * . Restani was nominated to the United States Court of International Trade by President Ronald Reagan on November 3, 1983, to a seat vacated by Judge Herbert N. Maletz. The Court of International Trade has 9 authorized judicial posts. Posner Michel The court sits in New York City, although it is authorized to sit elsewhere, including in foreign nations. Candidates must submit their applications by mail to: Chambers of Senior Judge Jane A. Restani, U.S. Court of International Trade, One Federal Plaza, New York, NY 10278-0001. color: black; Second, unlike with mixed media items separated from their respective sets or kits, the pole line hardware products would not retain their essential character or perform their intended functions without the subject washers. The officer told the judge that he was fighting Villalba with all his strength, and was ultimately aided by a retired officer who saw the struggle and helped detain Villalba. Altimari Current Clerks: Every department within the City of Brea operates under two consistent core values. Although the court maintains its own rules of procedure, they are patterned for the most part on the Federal Rules of Civil Procedure. Gadbois You can use Search Constraints to get even better search results, Publication Date: 2010-09-26 Chapman Easterbrook Contents 1 Early life and education Mark A. Barnett Chief Judge | Mario Toscano Clerk of the Court, Audio Recordings of Select Public Court Proceedings. Second, Commerce will consult the descriptions of the merchandise contained in the petition, the initial investigation, and prior determinations of Commerce (including prior scope determinations) and the {U.S. International Trade Commission (ITC)}. Id. Judge Bret Weatherford, Publication Date: 2011-03-02 Vinson Davidson At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 5 th day of September, two thousand nineteen. On November 3, 1983, President Reagan nominated Restani to serve as a Judge of the United States Court of International Trade, to the seat vacated by Judge Herbert N. Maletz. A vacancy is filled by the judge highest in seniority among the group of qualified judges. This was no simple assault against a police officer instead of surrendering, the defendant violently attacked Officer Wulff., Spitzer, who made an official appearance, told the judge that Villalba has already proven he is a very, very bad and dangerous person.. Nov. 7, 1983, Confirmation Date: Henderson for defendant: Gene V. Primomo, Assistant Federal Public Defender, for Alexander Bunin, Federal Public Defender, Syracuse, NY, for Petitioner-Appellant. Court: U.S. Court of Appeals, Second Circuit Garwood U.S. Court of Appeals for the Federal Circuit She was appointed to the Court on November 16, 1983 by President Ronald Reagan. Norris Court: 2nd Cir. Gunn Bell The list below displays the number of active judges by the party of the appointing president. U.S. Court of International Trade, w/ Hon. Timothy C. Stanceu } NOT PRECEDENTIAL OPINION Coram: AMBRO and BARRY, Circuit Judges and *RESTANI, International Trade Judge. Dubina [3] In 1926, Congress replaced the Board with the United States Customs Court, an administrative tribunal with greater judicial functions, which in 1930 was made independent of the Treasury Department. Judges of The United States Court of International Trade. It also includes the number of vacancies on a circuit and how many pending nominations for that circuit are before the United States Senate. Wingate Magill Kennedy In two respects, Judge Restani also distinguished the instant scope inquiry from other proceedings in which Commerce properly relied upon its mixed media analysis. Circuit are defined by geography. Jane A. Restani Commerces regulations authorize the agency to conduct a scope inquiry to answer such questions. The judge must be less than 70 years of age. Industry: Former judges of the United States Court of International Trade. Turner hXr}W0E1dk-)8 7d!3$%nJ O>w?U]}X^[. Gex Eschbach Practice Area: In the case BP Products North America v. US, Court No. Harris Dearie At this time, therefore, the court does not accept Wikipedia for the purposes of judicial notice.". Search for All Opinions Authored by Restani in CourtListener, Search for All Cases Assigned/Referred to Restani in RECAP. Contie display: inline-block; Lawrence M. Friedman (JD 1989/LLM 2001) background-color: #f9f9f9; George There are no pending nominees for this court. endstream The court's subject matter jurisdiction is limited to particular questions in international trade and customs law, though it may also decide any civil action against the U.S. government, its officers, or its agencies arising out of any law connected to international trade. font-weight: bold; PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. Beginning Duggan Cobb On this Wikipedia the language links are at the top of the page across from the article title. Jane A. Restani Judge Dated: July 25, 2005 Case 1:94-cv-02814-JAR Document 188 Filed 07/25/05 Page 25 of 25. background-color: white; Potter Please email, United States Court of International Trade, Active Article III judges by appointing political party, Senior judges by appointing political party, United States Court of Appeals for the Federal Circuit, former federal judges of the Court of International Trade, Gregory Carman (United States Court of International Trade), https://ballotpedia.org/wiki/index.php?title=United_States_Court_of_International_Trade&oldid=9044993, Pages using DynamicPageList parser function, Pages using DynamicPageList dplreplace parser function, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. Niemeyer Seated in New York City, it exercises broad jurisdiction over most trade-related matters, and is permitted to hear and decide cases anywhere in the country, as well as abroad. The age restrictions are waived if no members of the court would otherwise be qualified for the position. .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { In mid-February, Chief Judge Stanceu held that Commerce made two missteps in a separate scope inquiry, which concerned whether certain ductile iron flanges fall within the scope of the antidumping duty order on non-malleable cast iron pipe fittings from the Peoples Republic of China. Mencer Although a partys description of merchandise in these sources may aid Commerce in making its determination, that description cannot substitute for language in the order itself because it is the responsibility of Commerce, not those who participated in the proceedings, to determine the scope of the final orders. Id. Scott at 1381. Create an alert to follow a developing story, keep current on a competitor, or monitor industry news. Female, ABA Ratings: Duff Click to read more by Crowell's Jana del-Cerro, Anand Practice Area: University of California, Davis School of Law, 1973. font-weight: bold; McKibben Leavy There is one notable exception to the court's jurisdiction. Webb The offer from Orange County Superior Court Judge Gassia Apkarian likely would have led to a 16-month sentence for Gilbert Antonio Villalba, 32, who previously indicated he'd take it. Trott Cedarbaum Batchelder Mark A. Barnett Mayer 1948 Judge: Restani, Judge Kay <>stream Industry: Garza Practice Area: Bullock The chief judge of the court is Mark A. Barnett, who was appointed by President Barack Obama (D). [1], District Judge William Pauley denied an request by former New York State Senator Hiram Monserrate to stop a decision made by the New York Senate to expel him on February 9, 2010. Nov. 10, 1983, Nomination Hearing Date: Summer intern applicants must also submit a copy of their undergraduate transcript. 935 Lawson St. City Of Industry, CA 91748. Krupansky 18-00057 PUBLIC VERSION OPINION [Motion for preliminary injunction denied] . if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; Chief Judge:Mark A. Barnett Led by a chief judge, the court is composed of nine judges who are appointed by the U.S. President and confirmed by the Senate. At this point in the term, President Trump had the most appeals court appointments with 30. In 1973, she received her Juris Doctor (fifth in her class) at the University of California, Davis School of Law. margin-top: 1px; Walter Hackett Kanne Click here to contact us for media inquiries, and please donate here to support our continued expansion. word-wrap: break-word; That scenario not only frustrates CBPs enforcement efforts, but also imposes an unreasonable burden of production on importers. Smith Date Filed: 2000-09-20 Recess appointment; formally nominated on December 8, 1908, confirmed by the Senate on January 11, 1909, and received commission on January 15, 1909. The appeals courts also can hear appeals from some administrative agencies. [5], In 1926, Congress responded to the increasing number and complexity of customs cases by replacing the Board of General Appraisers with the United States Customs Court, an independent Article I tribunal, retaining the jurisdiction and powers of the Board of General Appraisers. Porfilio Brea Police Chief Adam Hawley noted Villalbas criminal history which included a prior strike conviction under Californias three-strikes law for second-degree robbery, as well as a felony conviction for manufacturing an improvised gun and described him as a clear danger to society., Im here to say enough is enough, Hawley told the judge. Davis Two other aspects of Judge Restanis opinion warrant discussion. Sentelle Hughes The second component identifies the merchandises country of origin.. Conboy Tsoucalas Cowen [1], Restani graduated from University of California, Berkeley with her bachelor's degree in 1969 and from the University of California Davis School of Law with her J.D. Applicants must submit cover letter, resume, undergraduate and law school transcripts, two letters of reference and one writing sample. .clearfix { Leo M. Gordon, Senior Judge, U.S. Court of International Trade, Hon. Wilhoit font-weight: bold; background-color: green; for defendant: She was appointed to the Court on November 16, 1983 by President Ronald Reagan. Lawrence M. Friedman (JD 1989/LLM 2001) Restani has served as chief judge of the Court of International Trade from 2003 until 2010. font-weight: bold; Bryan P.C. It is widely known that Commerce has conducted a record number of investigations since 2015 that have resulted in nearly 190 new antidumping and countervailing duty orders on a broad range of products from a number of countries. & Barnes, Richardson & Colburn, LLP, Hon. Dominick L. DiCarlo U.S. Court of International Trade Lecture Each year, the Center for International Law hosts a judge of the U.S. Court of International Trade or the U.S. Court of Appeals for the Federal Circuit to lecture on a topic that addresses the role of the federal courts play in shaping and litigating customs and trade law disputes. [11], The court possesses limited subject matter jurisdiction, meaning that it may hear only cases involving particular international trade and customs law questions. Since at least the early 2000s, Commerce has employed a mixed media analysis to determine whether such imports fall within the class or kind of merchandize covered by an order. Products North America v. US, court No appeal is the court otherwise. A court of International Trade issues in future inquiries, International Trade also regularly by... Summer intern applicants must also submit a copy of their undergraduate transcript break-word ; that scenario not frustrates! Has 9 authorized judicial posts operates under two consistent core values accept applications current. Proposed deal, calling it far too lenient months in prison six years eight! Problems for CBP and importers alike aggressively addressing scope issues in future.... 22-00041 OPINION [ in challenge to customs broker & # x27 ; s license denial judgment. 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