CIT Eliminates Reserve Calendar Amid Other Rule Changes
The Court of International Trade will end its reserve calendar procedures, in a change to its rules that takes effect Oct. 23. The amendment to CIT rule 83 creates a new “Customs Case Management Calendar” for challenges of protests denied by CBP, with a hard 24-month time limit, extendable to 48 months, unless the case is assigned, a complaint is filed, the case is consolidated, the case is suspended under a test case, or the case is voluntarily dismissed.
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The change is meant to address concerns about the time cases remain on the reserve calendar, which without a hard deadline could be indefinitely (see 1706290035). As a result of the change, all cases pending on the Reserve Calendar on Oct. 23 will be moved to the new Customs Case Management Calendar, where they will be subject to the 24-month limit barring a court order setting different procedures.
CIT also announced other changes to its rules that take effect Oct. 23, affecting CIT Rules 41, 56.2, 82, 84 and 85, Forms 9 and 24, and Specific Instructions for Form 24. Another amendment to CIT Rule 73.1 that takes effect April 23, 2018, requires electronic filing of entry documentation by CBP at the beginning of a denied protest case. The amended rule also includes a new 90-day deadline for posting the documents, though “extensions should be freely given if a complaint has not been filed,” according to a practice comment on the amendment.