SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL MACHINERY DENNIS DECONCINI, Arizona, Chairman

ROMANO ROMANI, Staff Director
ROBERT E. FEIDLER, Counsel
MICHAEL J. ALTIER, Deputy Counsel

1398327

CONTENTS

Text of the bill:
S. 2857, 95th Congress, 2d session__

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

Page

3

47

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___.

67

77

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

sion, accompanied by: Edward Easton, attorney, Office of the Gen-

eral Counsel.

80

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.

(III)

1

TUESDAY, JUNE 27, 1978

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

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..

117

118

128

144

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

Elizabeth Jager, economist_.

211

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____.

222

236

128

222

118

Oswald, Dr. Rudolph, Director of Research, AFL-CIO, accompanied
by: Jager, Elizabeth, Economist__.

211

Paley, Donald W., representing the New York County Lawyers Associ-
ation, accompanied by: Schwartz, Norman, attorney--

236

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

144

APPENDIX

Comments on the original version of S. 2857: June 27, 1978 letter of Walter

W. Doherty, Jr., attorney..

259

June 30, 1978 revision of S. 2857-

270

Comments on the June 30, 1978 revision of S. 2857:

July 10, 1978 letter of Hon. Howard T. Markey, Chief Judge, U.S.

Court of Customs and Patent Appeals__.

283

July 14, 1978 letter of Donald W. Paley, attorney, representing the

New York County Lawyers Association, and Norman Schwartz,

attorney

284

July 14, 1978 letter of Hon. Edward D. Re, Chief Judge, U.S. Customs

Court

285

July 14, 1978 letter of Andrew P. Vance, attorney, representing the

Association of the Customs Bar_.

288

July 17, 1978 letter of Robert E. Herzstein, Chairman, Standing Com-

mittee on Customs Law, American Bar Association.

291

July 17, 1978 letter of David Serko, attorney, representing the John

F. Kennedy Airport Brokers Association, Inc..

292

July 18, 1978 letter of Michael H. Stein, General Counsel, U.S. Inter-

national Trade Commission__.

296

July 20, 1978 letter of Gerald O'Brien, Executive Vice President, Amer-

ican Importers Association__.

297

July 21, 1978 letter of Barbara Babcock, Assistant Attorney General,

Civil Division, Department of Justice..

299

July 24, 1978 letter of James F. O'Hara, Chairperson, Customs Law

Committee, Los Angeles County Bar Association__

299