44.589/2:096/2 CUSTOMS COURTS ACT 95-2 HEARING BEFORE THE SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL MACHINERY OF THE COMMITTEE ON THE JUDICIARY NINETY-FIFTH CONGRESS SECOND SESSION ON S. 2857,.. TO CLARIFY AND REVISE VARIOUS PROVISIONS OF TITLE 28 PURPOSES 32-626 O JUNE 23 AND 27, 1978 Printed for the use of the Committee on the Judiciary COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman EDWARD M. KENNEDY, Massachusetts BIRCH BAYH, Indiana ROBERT C. BYRD, West Virginia HOWARD M. METZENBAUM, Ohio STROM THURMOND, South Carolina PAUL LAXALT, Nevada FRANCIS C. ROSENBERGER, Chief Counsel and Staff Director SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL MACHINERY DENNIS DECONCINI, Arizona, Chairman JOSEPH R. BIDEN, JR., Delaware ROBERT C. BYRD, West Virginia 2520837 MALCOLM WALLOP, Wyoming ROMANO ROMANI, Staff Director ROBERT E. FEIDLER, Counsel (II) CONTENTS Text of the bill: S. 2857, 95th Congress, 2d session__. Opening statement: Hon. Dennis DeConcini, U.S. Senator from Arizona, chairman, Subcommittee on Improvements in Judicial Machinery--- Barbara Babcock, Assistant Attorney General, Civil Division, Depart- ment of Justice, accompanied by: David Cohen, Chief, Customs Hon. Edward D. Re, Chief Judge, U.S. Customs Court, accompanied by: Joseph E. Lombardi, Clerk of the Court--- Thaddeus Rojek, Chief Counsel, U.S. Customs Service, accompanied by: Richard H. Abbey, Deputy Chief Counsel, and R. Theodore Hume, Assistant Chief Counsel.. Michael H. Stein, General Counsel, U.S. International Trade Commis- sion, accompanied by: Edward Easton, attorney, Office of the Gen- Robert E. Herzstein, chairman, Standing Committee on Customs Law, American Bar Association, accompanied by: Joseph S. Kaplan, Chairman, Subcommittee on Customs Courts and Procedures, Sec- Simon Katz, chairman, Importers Rights Committee, American Im- porters Association, accompanied by: Barry Neummers, staff at- Leonard C. Meeker, Consumers Union of the United States, Ir. James C. Trombetta, president, John F. Kennedy Airport Brokers Association, Inc., accompanied by: Carl R. Soller, attorney.---- Alphabetical listing of witnesses: Babcock, Barbara, Assistant Attorney General, Civil Division, De- partment of Justice, accompanied by: Cohen, David, Chief, Customs Herzstein, Robert E., chairman, Standing Committee on Customs Katz, Simon, chairman, Importers Rights Committee, American Im- porters Association, accompanied by: Nemmers, Barry, staff at- Meeker, Leonard C., Consumers Union of the United States, Inc.-- Stein, Michael H., General Counsel, U.S. International Trade Com- 80 Trombetta, James C., president, John F. Kennedy Airport Brokers 113 Opening Statement: Hon. Dennis DeConcini. U.S. Senator from Arizona, chairman, Subcommittee on Improvements in Judicial Machinery....__ Hon. Howard T. Markey, Chief Judge, U.S. Court of Customs and Peter M. Gerhart, Assistant Professor of Law, Ohio State University and Consultant to the Administrative Conference of the United States, accompanied by: Jeffrey S. Lubbers, staff attorney, Office of the Administrative Conference of the United States__ Andrew P. Vance, attorney, representing the Association of the Dr. Rudolph Oswald, director of research, AFL-CIO, accompanied by : Wayne Jarvis, counsel, St. Paul Fire & Marine Insurance Co., accom- panied by Jeffrey W. Sachs, Regional Surety Counsel, and William C. Gustafson, Custom Surety Bond Underwriting Manager_. Donald W. Paley, representing the New York County Lawyers Associ- ation, accompanied by: Norman Schwartz, attorney. Alphabetical listing of witnesses: Gerhart, Peter M., Assistant Professor of Law, Ohio State University and Consultant to the Administrative Conference of the United States, accompanied by: Lubbers, Jeffrey S., staff attorney, Office of the Administrative Conference of the United States---- Jarvis, Wayne, counsel, St. Paul Fire & Marine Insurance Co., accom- Oswald, Dr. Rudolph, Director of Research, AFL-CIO, accompanied 222 118 211 Paley, Donald W., representing the New York County Lawyers Associ- 236 Vance, Andrew P., attorney, representing the Association of the 144 July 14, 1978 letter of Donald W. Paley, attorney, representing the July 25, 1978 letter of Donald R. Hummel, Jr., President, National Page 300 307 August 4, 1978 letter of Jeffrey Lubbers, staff attorney, Office of the 308 August 7, 1978 letter of Thaddeus Rojek, Chief Counsel, U.S. Customs 310 August 15, 1978 letter of Dr. Rudolph Oswald, Director of Research, 312 "A Primer on Customs Court Practice," by Hon. Paul P. Rao, Associate Judge, U.S. Customs Court, from 40 Brooklyn Law Review 581, Winter 1974 313 |