Zoltek Corp. v. United States

13 Ct. Int'l Trade 1098, 728 F. Supp. 762, 13 C.I.T. 1098, 1989 Ct. Intl. Trade LEXIS 414
CourtUnited States Court of International Trade
DecidedDecember 29, 1989
DocketCourt No. 87-07-00775
StatusPublished
Cited by1 cases

This text of 13 Ct. Int'l Trade 1098 (Zoltek Corp. v. United States) is published on Counsel Stack Legal Research, covering United States Court of International Trade primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zoltek Corp. v. United States, 13 Ct. Int'l Trade 1098, 728 F. Supp. 762, 13 C.I.T. 1098, 1989 Ct. Intl. Trade LEXIS 414 (cit 1989).

Opinion

Memorandum Opinion and Order

[1099]*1099(Dated December 29, 1989) Hodes & Pilón (Lawrence R. Pilón), for plaintiff. Stuart M. Gerson, Assistant Attorney General; Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, (Saul Davis) for defendant.

Re, Chief Judge:

Plaintiff requests that the chief judge issue an order designating this action for trial in Chicago, Illinois, on or about May 1, 1990. This request raises questions which pertain to the sound management of the court’s docket. The specific question presented is under what circumstances will the chief judge, pursuant to 28 U.S.C. §§ 253(b) and (c), and § 256(a), and USCIT Rs. 40(a) and (b) and 77(c)(2), issue an order designating the trial of an action at a place within the United States other than New York City.

It is the conclusion of the chief judge that the discretionary authority to designate the venue of a trial outside of New York City should be exercised only upon an affirmative showing that the interests of economy, efficiency and justice will be served. Since, in this action, the request is premature, and does not appear to promote the timely and efficient disposition of this action, plaintiffs request for trial is denied without prejudice.

BACKGROUND

In July 1987, plaintiff instituted this action challenging the classification of certain conveyor belts imported from Hungary. Customs classified the imported merchandise under TSUS item 358.14 as belting and belts for machinery of man-made fibers. Plaintiff maintains that the component in chief value of the merchandise is synthetic rubber, and, hence, the merchandise should be classified under TSUS item 358.16. Alternatively, plaintiff claims that the merchandise is classifiable as belt conveyors and parts thereof under TSUS item 664.10.

Plaintiff also alleges that, at the time of importation, there existed an established and uniform practice of classifying the imported merchandise under TSUS item 358.16. Therefore, it is plaintiffs contention that the classification of the merchandise under TSUS item 358.14 was contrary to this practice and the applicable administrative procedures for changing an established and uniform practice.

Procedural History

In this action, upon the filing of the summons, the action was placed on the Reserve Calendar by operation of the court’s Rules. It remained there for a period of five months, at which time, in November 1987, plaintiff filed a complaint. In February 1988, defendant filed its answer. As a result, the action was moved to the Joined Issue Calendar, where, under USCIT R. 86(a), it could remain for a period of six months. Before the end of the 6-month period, plaintiff, [1100]*1100with the consent of defendant’s counsel, moved for, and was granted a 6-month extension of time for this action to remain on the Joined Issue Calendar until February 28, 1989. Just prior to the expiration date of that calendar, plaintiff, again, with the consent of defendant’s counsel, moved for, and was granted a second 6-month extension of time to remain on the Calendar until August 31, 1989.

In granting plaintiffs second request for an extension of time, the chief judge issued an order, which stated:

plaintiff * * * [was] granted a final extension of time to August 31, 1989 during which this action may remain on the joined issue calendar, and it is further
Ordered that if the action is not removed from the joined issue calendar by August 31, 1989, the clerk shall dismiss the action pursuant to Rule 86(b) for lack of prosecution without further direction of the court.

See Order granting Plaintiffs Consent Motion to Remain on Joined Issue Calendar (Feb. 22, 1989) (emphasis in original).

On August 30,1989, plaintiff filed a request for trial to be held in Chicago, Illinois some nine months later, on or about May 1, 1990. In its request, plaintiff stated that it had conferred with the defendant’s counsel, and that counsel did not concur in the request and would file a response. On September 19,1989, defendant filed its response. Although defendant did not consent to plaintiffs request for trial in Chicago, it stated that it had no objection to the request for trial.

Discussion

The authority of the chief judge to designate an action for trial at a place within the United States other than New York City is found in 28 U.S.C. §§ 253(b) and (c) and § 256(a). Sections 253(b) and (c), in pertinent part, provide:

(b) The chief judge shall promulgate dockets.
(c) The chief judge, under rules of the court, may designate any judge or judges of the court to try any case * * *.

28 U.S.C. §§ 253(b) and (c) (1982).

Section 256(a) of Title 28 provides:

The chief judge may designate any judge or judges of the court to proceed, together with necessary assistants, to any port or to any place within the jurisdiction of the United States to preside at a trial or hearing at the port or place.

28 U.S.C. § 256(a) (1982).

These statutory provisions are implemented by Rule 77(c)(2) of the Rules of the United States Court of International Trade, which provides:

[1101]*1101(c) Place of Trials or Hearings
(2) Other Than New York City. The chief judge may, as authorized by 28 U.S.C. §§ 253(b) and 256(a), designate the place and date of any trial or hearing to be held at, or continued to, any place other than New York City within the jurisdiction of the United States.

USCIT R. 77(c)(2).

In addition, USCIT R. 40(a) governs the filing of a request for trial, regardless of the venue of the trial. That rule provides, in pertinent part:

(a) Request. At any time after issue is joined in an action, unless the court otherwise directs, any party who desires to try an action shall: (1) confer with the opposing party or parties to attempt to reach agreement as to the time and place of trial, and (2) serve upon the opposing party or parties, and file with the court, a request for trial which shall be substantially in the form set forth in Form 6 in the Appendix of Forms. The request shall be served and filed at least 30 days prior to the requested date of trial, or upon a showing of good cause, at a reasonable time prior to the requested date of trial. A party who opposes the request shall serve and file its opposition within 10 days after service of the request, unless a shorter period is directed by the court.

USCIT R.

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Bluebook (online)
13 Ct. Int'l Trade 1098, 728 F. Supp. 762, 13 C.I.T. 1098, 1989 Ct. Intl. Trade LEXIS 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zoltek-corp-v-united-states-cit-1989.