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Y 4.589/2:096/2
CUSTOMS COURTS ACT

95-2

HEARING

BEFORE THE

SUBCOMMITTEE ON
IMPROVEMENTS IN JUDICIAL MACHINERY

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

NINETY-FIFTH CONGRESS

SECOND SESSION

ON

S. 2857 ...

TO CLARIFY AND REVISE VARIOUS PROVISIONS OF TITLE 28
OF THE UNITED STATES CODE RELATING TO THE JUDICIARY
AND JUDICIAL PROCEDURE REGARDING JUDICIAL REVIEW
OF INTERNATIONAL TRADE MATTERS, AND FOR OTHER

PURPOSES

JUNE 23 AND 27, 1978

Printed for the use of the Committee on the Judiciary

[blocks in formation]

32-6260

COMMITTEE ON THE JUDICIARY

JAMES 0. EASTLAND, Mississippi, Chairman EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina BIRCH BAYH, Indiana

CHARLES McC. MATHIAS, JR., Maryland ROBERT C. BYRD, West Virginia

WILLIAM L. SCOTT, Virginia JAMES ABOUREZK, South Dakota

PAUL LAXALT, Nevada JAMES R. ALLEN, Alabama

ORRIN G. HATCH, Utah
JOSEPH R. BIDEN, JR., Delaware

MALCOLM WALLOP, Wyoming
JOHN C. CULVER, Iowa
HOWARD M. METZENBAUM, Ohio
DENNIS DECONCINI, Arizona
PAUL HATFIELD, Montana

FRANCIS C. ROSENBERGER, Chief Counsel and Staff Director

SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL MACHINERY

DENNIS DECONCINI, Arizona, Chairman JOSEPH R. BIDEN, JR., Delaware

MALCOLM WALLOP, Wyoming ROBERT C. BYRD, West Virginia

ROMANO ROMANI, Staff Director

ROBERT E. FEIDLER, Counsel
MICHAEL J. ALTIER, Deputy Counsel

(II)

CONTENTS

Text of the bill :

S. 2857, 95th Congress, 2d session---

Page

3

FRIDAY, JUNE 23, 1978

Opening statement: Hon. Dennis DeConcini, U.S. Senator from Arizona,

chairman, Subcommittee on Improvements in Judicial Machinery-

Witnesses :

Barbara Babcock, Assistant Attorney General, Civil Division, Depart-

ment of Justice, accompanied by: David Cohen, Chief, Customs

Section

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-

eral Counsel.

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-

tion of International Law -

Simon Katz, chairman, Importers Rights Committee, American Im-

porters Association, accompanied by: Barry Neummers, staff at-

torney

Leonard C. Meeker, Consumers Union of the United States, In.---

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

Section

Herzstein, Robert E., chairman, Standing Committee on Customs

Law, American Bar Association, accompanied by Kaplan, Joseph S.,
chairman, Subcommittee on Customs Courts and Procedures, Sec-

tion of International Law..
Katz, Simon, chairman, Importers Rights Committee, American Im-

porters Association, accompanied by: Nemmers, Barry, staff at-

torney
Meeker, Leonard C., Consumers Union of the United States, Inc.---
Re, Hon. Edward D., Chief Judge, U.S. Customs Court, accompanied

by: Lombardi, Joseph E., Clerk of the Court ----
Rojek, Thaddeus, Chief Counsel, U.S. Customs Service, accompanied

by: Abbey, Richard H., Deputy Chief Counsel, and Hume, R. Theo-

dore, Assistant Chief Counsel.-.

Stein, Michael H., General Counsel, U.S. International Trade Com-

mission, accompanied by: Easton, Edward, attorney, Office of the

General Counsel.

Trombetta, James C., president, John F. Kennedy Airport Brokers
Association, accompanied by: Soller, Carl R., attorney-

(111)

88

98
107

67

77

113

TUESDAY, JUNE 27, 1978

Opening Statement: Hon. Dennis DeConcini. U.S. Senator from Arizona,

chairman, Subcommittee on Improvements in Judicial Machinery ------

Witnesses :

Hon. Howard T. Markey, Chief Judge, U.S. Court of Customs and

Patent Appeals---

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

Customs Bar--

Dr. Rudolph Oswald, director of research, AFL-CIO, accompanied by:

Elizabeth Jager, economist--

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-

panied by Sachs, Jeffrey W., Regional Surety Counsel, and Gustaf-

son, William C., Custom Surety Bond Underwriting Manager.

Markey, Hon. Howard T., Chief Judge, U.S. Court of Customs and

Patent Appeals---

Oswald, Dr. Rudolph, Director of Research, AFL-CIO, accompanied

by: Jager, Elizabeth, Economist -
Paley, Donald W., representing the New York County Lawyers Associ-

ation, accompanied by: Schwartz, Norman, attorney--

Vance, Andrew P., attorney, representing the Association of the

Customs Bar.-

211

236

July 25, 1978 letter of Donald R. Hummel, Jr., President, National Page Customs Brokers & Forwarders Association of America, Inc.

300 July 31, 1978 letter of Leonard C. Meeker, attorney, representing Consumer Union of the United States, Inc.

307 August 4, 1978 letter of Jeffrey Lubbers, staff attorney, Office of the Administrative Conference of the United States.-

308 August 7, 1978 letter of Thaddeus Rojek, Chief Counsel, U.S. Customs Service

310 August 15, 1978 letter of Dr. Rudolph Oswald, Director of Research, AFL CIO

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

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