US (United States) Code. Title 28. Part IV: Jurisdiction and venue. Chapter 95: Court of International Trade

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-CITE-

28 USC CHAPTER 95 - COURT OF INTERNATIONAL TRADE 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 95 - COURT OF INTERNATIONAL TRADE

-HEAD-

CHAPTER 95 - COURT OF INTERNATIONAL TRADE

-MISC1-

Sec.

1581. Civil actions against the United States and agencies

and officers thereof.

1582. Civil actions commenced by the United States.

1583. Counterclaims, cross-claims, and third-party actions.

1584. Civil actions under the North American Free Trade

Agreement or the United States-Canada Free-Trade

Agreement.

1585. Powers in law and equity.

AMENDMENTS

1993 - Pub. L. 103-182, title IV, Sec. 414(a)(3), Dec. 8, 1993,

107 Stat. 2147, inserted "the North American Free Trade Agreement

or" in item 1584.

1988 - Pub. L. 100-449, title IV, Sec. 402(d)(2), Sept. 28, 1988,

102 Stat. 1884, added item 1584.

1982 - Pub. L. 97-164, title I, Sec. 135, Apr. 2, 1982, 96 Stat.

41, struck out item 1584 "Cure of defects".

1980 - Pub. L. 96-417, title II, Sec. 201, Oct. 10, 1980, 94

Stat. 1728, substituted "COURT OF INTERNATIONAL TRADE" for "CUSTOMS

COURT" in heading for chapter 95, "Civil actions against the United

States and agencies and officers thereof" for "Powers generally" in

item 1581, "Civil actions commenced by the United States" for

"Jurisdiction of the Customs Court" in item 1582, and added items

1583 to 1585.

-CROSS-

RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE

See Appendix to this title.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1337 of this title.

-End-

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28 USC Sec. 1581 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 95 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 1581. Civil actions against the United States and agencies and

officers thereof

-STATUTE-

(a) The Court of International Trade shall have exclusive

jurisdiction of any civil action commenced to contest the denial of

a protest, in whole or in part, under section 515 of the Tariff Act

of 1930.

(b) The Court of International Trade shall have exclusive

jurisdiction of any civil action commenced under section 516 of the

Tariff Act of 1930.

(c) The Court of International Trade shall have exclusive

jurisdiction of any civil action commenced under section 516A of

the Tariff Act of 1930.

(d) The Court of International Trade shall have exclusive

jurisdiction of any civil action commenced to review -

(1) any final determination of the Secretary of Labor under

section 223 of the Trade Act of 1974 with respect to the

eligibility of workers for adjustment assistance under such Act;

(2) any final determination of the Secretary of Commerce under

section 251 of the Trade Act of 1974 with respect to the

eligibility of a firm for adjustment assistance under such Act;

and

(3) any final determination of the Secretary of Commerce under

section 271 of the Trade Act of 1974 with respect to the

eligibility of a community for adjustment assistance under such

Act.

(e) The Court of International Trade shall have exclusive

jurisdiction of any civil action commenced to review any final

determination of the Secretary of the Treasury under section

305(b)(1) of the Trade Agreements Act of 1979.

(f) The Court of International Trade shall have exclusive

jurisdiction of any civil action involving an application for an

order directing the administering authority or the International

Trade Commission to make confidential information available under

section 777(c)(2) of the Tariff Act of 1930.

(g) The Court of International Trade shall have exclusive

jurisdiction of any civil action commenced to review -

(1) any decision of the Secretary of the Treasury to deny a

customs broker's license under section 641(b)(2) or (3) of the

Tariff Act of 1930, or to deny a customs broker's permit under

section 641(c)(1) of such Act, or to revoke a license or permit

under section 641(b)(5) or (c)(2) of such Act;

(2) any decision of the Secretary of the Treasury to revoke or

suspend a customs broker's license or permit, or impose a

monetary penalty in lieu thereof, under section 641(d)(2)(B) of

the Tariff Act of 1930; and

(3) any decision or order of the Customs Service to deny,

suspend, or revoke accreditation of a private laboratory under

section 499(b) of the Tariff Act of 1930.

(h) The Court of International Trade shall have exclusive

jurisdiction of any civil action commenced to review, prior to the

importation of the goods involved, a ruling issued by the Secretary

of the Treasury, or a refusal to issue or change such a ruling,

relating to classification, valuation, rate of duty, marking,

restricted merchandise, entry requirements, drawbacks, vessel

repairs, or similar matters, but only if the party commencing the

civil action demonstrates to the court that he would be irreparably

harmed unless given an opportunity to obtain judicial review prior

to such importation.

(i) In addition to the jurisdiction conferred upon the Court of

International Trade by subsections (a)-(h) of this section and

subject to the exception set forth in subsection (j) of this

section, the Court of International Trade shall have exclusive

jurisdiction of any civil action commenced against the United

States, its agencies, or its officers, that arises out of any law

of the United States providing for -

(1) revenue from imports or tonnage;

(2) tariffs, duties, fees, or other taxes on the importation of

merchandise for reasons other than the raising of revenue;

(3) embargoes or other quantitative restrictions on the

importation of merchandise for reasons other than the protection

of the public health or safety; or

(4) administration and enforcement with respect to the matters

referred to in paragraphs (1)-(3) of this subsection and

subsections (a)-(h) of this section.

This subsection shall not confer jurisdiction over an antidumping

or countervailing duty determination which is reviewable either by

the Court of International Trade under section 516A(a) of the

Tariff Act of 1930 or by a binational panel under article 1904 of

the North American Free Trade Agreement or the United States-Canada

Free-Trade Agreement and section 516A(g) of the Tariff Act of 1930.

(j) The Court of International Trade shall not have jurisdiction

of any civil action arising under section 305 of the Tariff Act of

1930.

-SOURCE-

(Added Pub. L. 96-417, title II, Sec. 201, Oct. 10, 1980, 94 Stat.

1728; amended Pub. L. 98-573, title II, Sec. 212(b)(1), Oct. 30,

1984, 98 Stat. 2983; Pub. L. 99-514, title XVIII, Sec. 1891(1),

Oct. 22, 1986, 100 Stat. 2926; Pub. L. 100-449, title IV, Sec.

402(a), Sept. 28, 1988, 102 Stat. 1883; Pub. L. 103-182, title IV,

Sec. 414(a)(1), title VI, Sec. 684(a)(1), Dec. 8, 1993, 107 Stat.

2147, 2219.)

-MISC1-

PRIOR HISTORY OF COURT

The United States Customs Court, the predecessor of the Court of

International Trade, was omitted in the general revision of this

chapter by Pub. L. 96-417.

The predecessor of the United States Customs Court was the Board

of General Appraisers which was created by the Customs

Administrative Act of June 10, 1890. The Board was under the

administrative supervision of the Secretary of the Treasury.

From 1890 to 1926, the Board of General Appraisers had

jurisdiction over all protests from decisions of the collectors of

customs and appeals for reappraisement under sections 13 and 14 of

the Customs Administrative Act of June 10, 1890, ch. 407, 26 Stat.

136.

The Customs Court was established by act May 28, 1926, ch. 411,

Secs. 1, 2, 44 Stat. 669, sections 405a and 405b of Title 19,

Customs Duties, and said act transferred to it all the jurisdiction

and powers of the former Board of General Appraisers. The Tariff

Act of June 1930, ch. 497, title IV, Sec. 518, 46 Stat. 737,

section 1518 of Title 19, continued the Customs Court as

constituted on June 17, 1930 with, however, several important

changes.

-REFTEXT-

REFERENCES IN TEXT

Section 515 of the Tariff Act of 1930, referred to in subsec.

(a), is classified to section 1515 of Title 19, Customs Duties.

Section 516 of the Tariff Act of 1930, referred to in subsec.

(b), is classified to section 1516 of Title 19.

Section 516A of the Tariff Act of 1930, referred to in subsecs.

(c) and (i), is classified to section 1516a of Title 19.

The Trade Act of 1974, referred to in subsec. (d)(1) to (3), is

Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is

classified principally to chapter 12 (Sec. 2101 et seq.) of Title

19. Sections 223, 251, and 271 of the Trade Act of 1974 are

classified to sections 2273, 2341, and 2371, respectively, of Title

19. Section 2371 of Title 19 was omitted from the Code as

terminated Sept. 30, 1982. For complete classification of this Act

to the Code, see References in Text note set out under section 2101

of Title 19 and Tables.

Section 305(b)(1) of the Trade Agreements Act of 1979, referred

to in subsec. (e), is classified to section 2515(b)(1) of Title 19.

Section 777(c)(2) of the Tariff Act of 1930, referred to in

subsec. (f), is classified to section 1677f(c)(2) of Title 19.

Section 641 of the Tariff Act of 1930, referred to in subsec.

(g)(1), (2), is classified to section 1641 of Title 19.

Section 499(b) of the Tariff Act of 1930, referred to in subsec.

(g)(3), is classified to section 1499(b) of Title 19.

Section 305 of the Tariff Act of 1930, referred to in subsec.

(j), is classified to section 1305 of Title 19.

-MISC2-

PRIOR PROVISIONS

A prior section 1581, act June 25, 1948, ch. 646, 62 Stat. 943,

related to powers of the Customs Court generally, prior to the

general revision of this chapter by Pub. L. 96-417. See section

1585 of this title.

AMENDMENTS

1993 - Subsec. (g)(3). Pub. L. 103-182, Sec. 684(a)(1), added

par. (3).

Subsec. (i). Pub. L. 103-182, Sec. 414(a)(1), inserted "the North

American Free Trade Agreement or" before "the United States-Canada

Free-Trade Agreement" in last sentence.

1988 - Subsec. (i). Pub. L. 100-449 inserted at end "This

subsection shall not confer jurisdiction over an antidumping or

countervailing duty determination which is reviewable either by the

Court of International Trade under section 516A(a) of the Tariff

Act of 1930 or by a binational panel under article 1904 of the

United States-Canada Free-Trade Agreement and section 516A(g) of

the Tariff Act of 1930."

1986 - Subsec. (g)(1). Pub. L. 99-514 substituted "(3)" for "(3)

or (c)".

1984 - Subsec. (g)(1). Pub. L. 98-573 amended par. (1) generally,

substituting "a customs broker's license under section 641(b)(2) or

(3) or (c) of the Tariff Act of 1930, or to deny a customs broker's

permit under section 641(c)(1) of such Act, or to revoke a license

or permit under section 641(b)(5) or (c)(2) of such Act" for "or

revoke a customhouse broker's license under section 641(a) of the

Tariff Act of 1930".

Subsec. (g)(2). Pub. L. 98-573 amended par. (2) generally,

substituting "any decision of the Secretary of the Treasury to

revoke or suspend a customs broker's license or permit, or impose a

monetary penalty in lieu thereof, under section 641(d)(2)(B) of the

Tariff Act of 1930" for "any order of the Secretary of the Treasury

to revoke or suspend a customhouse broker's license under section

641(b) of the Tariff Act of 1930".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 414(a)(1) of Pub. L. 103-182 effective on

the date the North American Free Trade Agreement enters into force

with respect to the United States [Jan. 1, 1994], but not

applicable to any final determination described in section

1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of Title 19, Customs

Duties, notice of which is published in the Federal Register before

such date, or to a determination described in section

1516a(a)(2)(B)(vi) of Title 19, notice of which is received by the

Government of Canada or Mexico before such date, or to any

binational panel review under the United States-Canada Free-Trade

Agreement, or to any extraordinary challenge arising out of any

such review, that was commenced before such date, see section 416

of Pub. L. 103-182, set out as an Effective Date note under section

3431 of Title 19.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-449 effective on date United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of Title 19, Customs Duties.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on close of 180th day after

Oct. 30, 1984, see section 214(d) of Pub. L. 98-573, set out as a

note under section 1304 of Title 19, Customs Duties.

EFFECTIVE DATE

Chapter effective Nov. 1, 1980, and applicable with respect to

civil actions pending on or commenced on or after such date, see

section 701(a) of Pub. L. 96-417, set out as an Effective Date of

1980 Amendment note under section 251 of this title.

Subsecs. (d) and (g) to (i) of this section applicable with

respect to civil actions commenced on or after Nov. 1, 1980, see

section 701(b)(1)(A) of Pub. L. 96-417.

APPLICATION OF 1993 AMENDMENT

Section 684(b) of Pub. L. 103-182 provided that: "For purposes of

applying the amendments made by subsection (a) [amending this

section and sections 2631, 2636, 2640, and 2642 of this title], any

decision or order of the Customs Service denying, suspending, or

revoking the accreditation of a private laboratory on or after the

date of the enactment of this Act [Dec. 8, 1993] and before

regulations to implement section 499(b) of the Tariff Act of 1930

[19 U.S.C. 1499(b)] are issued shall be treated as having been

denied, suspended, or revoked under such section 499(b)."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC3-

EFFECT OF TERMINATION OF NAFTA COUNTRY STATUS

For provisions relating to effect of termination of NAFTA country

status on sections 401 to 416 of Pub. L. 103-182, see section 3451

of Title 19, Customs Duties.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2631, 2636, 2637, 2639,

2643 of this title; title 19 sections 1499, 1515.

-End-

-CITE-

28 USC Sec. 1582 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 95 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 1582. Civil actions commenced by the United States

-STATUTE-

The Court of International Trade shall have exclusive

jurisdiction of any civil action which arises out of an import

transaction and which is commenced by the United States -

(1) to recover a civil penalty under section 592, 593A,

641(b)(6), 641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff

Act of 1930;

(2) to recover upon a bond relating to the importation of

merchandise required by the laws of the United States or by the

Secretary of the Treasury; or

(3) to recover customs duties.

-SOURCE-

(Added Pub. L. 96-417, title II, Sec. 201, Oct. 10, 1980, 94 Stat.

1729; amended Pub. L. 98-573, title II, Sec. 212(b)(2), Oct. 30,

1984, 98 Stat. 2983; Pub. L. 99-514, title XVIII, Sec. 1891(2),

Oct. 22, 1986, 100 Stat. 2926; Pub. L. 103-182, title VI, Sec.

684(c), Dec. 8, 1993, 107 Stat. 2219.)

-REFTEXT-

REFERENCES IN TEXT

Sections 592, 593A, 641(b)(6), 641(d)(2)(A), 704(i)(2), and

734(i)(2) of the Tariff Act of 1930, referred to in par. (1), are

classified to sections 1592, 1593a, 1641(b)(6), 1641(d)(2)(A),

1671c(i)(2), and 1673c(i)(2), respectively, of Title 19, Customs

Duties.

-MISC1-

PRIOR PROVISIONS

A prior section 1582, acts June 25, 1948, ch. 646, 62 Stat. 943;

June 2, 1970; Pub. L. 91-271, title I, Sec. 110, 84 Stat. 278; July

26, 1979, Pub. L. 96-39, title X, Sec. 1001(b)(4)(B), 93 Stat. 305,

related to the jurisdiction of the Customs Court, prior to the

general revision of this chapter by Pub. L. 96-417.

AMENDMENTS

1993 - Par. (1). Pub. L. 103-182 inserted "593A," after "592,".

1986 - Par. (1). Pub. L. 99-514 substituted "641(b)(6)" for

"641(a)(1)(C)".

1984 - Par. (1). Pub. L. 98-573 inserted references to section

641(a)(1)(C) and 641(d)(2)(A) of the Tariff Act of 1930.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on close of 180th day after

Oct. 30, 1984, see section 214(d) of Pub. L. 98-573, set out as a

note under section 1304 of Title 19, Customs Duties.

EFFECTIVE DATE

Section applicable with respect to civil actions commenced on or

after the 90th day after Nov. 1, 1980, see section 701(c)(1)(A) of

Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note

under section 251 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1352, 1355, 1356, 2639,

2640, 2643 of this title.

-End-

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28 USC Sec. 1583 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 95 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 1583. Counterclaims, cross-claims, and third-party actions

-STATUTE-

In any civil action in the Court of International Trade, the

court shall have exclusive jurisdiction to render judgment upon any

counterclaim, cross-claim, or third-party action of any party, if

(1) such claim or action involves the imported merchandise that is

the subject matter of such civil action, or (2) such claim or

action is to recover upon a bond or customs duties relating to such

merchandise.

-SOURCE-

(Added Pub. L. 96-417, title II, Sec. 201, Oct. 10, 1980, 94 Stat.

1729.)

-MISC1-

PRIOR PROVISIONS

A prior section 1583, act June 25, 1948, ch. 646, 62 Stat. 943,

related to certain cases of exclusive jurisdiction of the Customs

Court, prior to repeal by Pub. L. 91-271, title I, Sec. 111, June

2, 1970, 84 Stat. 278.

EFFECTIVE DATE

Section applicable with respect to civil actions commenced on or

after Nov. 1, 1980, see section 701(b)(1)(A) of Pub. L. 96-417, set

out as an Effective Date of 1980 Amendment note under section 251

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2643 of this title.

-End-

-CITE-

28 USC Sec. 1584 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 95 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 1584. Civil actions under the North American Free Trade

Agreement or the United States-Canada Free-Trade Agreement

-STATUTE-

The United States Court of International Trade shall have

exclusive jurisdiction of any civil action which arises under

section 777(f) of the Tariff Act of 1930 and is commenced by the

United States to enforce administrative sanctions levied for

violation of a protective order or an undertaking.

-SOURCE-

(Added Pub. L. 100-449, title IV, Sec. 402(d)(1), Sept. 28, 1988,

102 Stat. 1884; amended Pub. L. 103-182, title IV, Sec. 414(a)(2),

Dec. 8, 1993, 107 Stat. 2147.)

-REFTEXT-

REFERENCES IN TEXT

Section 777(f) of the Tariff Act of 1930, referred to in text, is

classified to section 1677f(f) of Title 19, Customs Duties.

-MISC1-

PRIOR PROVISIONS

A prior section 1584, added Pub. L. 96-417, title II, Sec. 201,

Oct. 10, 1980, 94 Stat. 1729, provided that if a civil action

within the exclusive jurisdiction of the Court of International

Trade was commenced in a district court of the United States, the

district court, in the interest of justice, was to transfer such

civil action to the Court of International Trade, where such action

would proceed as if it had been commenced in the Court of

International Trade in the first instance, and that if a civil

action within the exclusive jurisdiction of a district court, a

court of appeals, or the Court of Customs and Patent Appeals was

commenced in the Court of International Trade, the Court of

International Trade, in the interest of justice, would transfer

such civil action to the appropriate district court or court of

appeals or to the Court of Customs and Patent Appeals where such

action was to proceed as if it had been commenced in such court in

the first instance, prior to repeal by Pub. L. 97-164, title I,

Sec. 135, Apr. 2, 1982, 96 Stat. 41, effective Oct. 1, 1982.

AMENDMENTS

1993 - Pub. L. 103-182 amended section catchline generally,

inserting "the North American Free Trade Agreement or", and in text

substituted "section 777(f)" for "section 777(d)".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-182 effective on the date the North

American Free Trade Agreement enters into force with respect to the

United States [Jan. 1, 1994], but not applicable to any final

determination described in section 1516a(a)(1)(B) or (2)(B)(i),

(ii), or (iii) of Title 19, Customs Duties, notice of which is

published in the Federal Register before such date, or to a

determination described in section 1516a(a)(2)(B)(vi) of Title 19,

notice of which is received by the Government of Canada or Mexico

before such date, or to any binational panel review under the

United States-Canada Free-Trade Agreement, or to any extraordinary

challenge arising out of any such review that was commenced before

such date, see section 416 of Pub. L. 103-182, set out as an

Effective Date note under section 3431 of Title 19.

EFFECTIVE AND TERMINATION DATES

Section effective on date United States-Canada Free-Trade

Agreement enters into force (Jan. 1, 1989), and to cease to have

effect on date Agreement ceases to be in force, see section 501(a),

(c) of Pub. L. 100-449, set out in a note under section 2112 of

Title 19, Customs Duties.

EFFECT OF TERMINATION OF NAFTA COUNTRY STATUS

For provisions relating to effect of termination of NAFTA country

status on sections 401 to 416 of Pub. L. 103-182, see section 3451

of Title 19, Customs Duties.

-End-

-CITE-

28 USC Sec. 1585 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 95 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 1585. Powers in law and equity

-STATUTE-

The Court of International Trade shall possess all the powers in

law and equity of, or as conferred by statute upon, a district

court of the United States.

-SOURCE-

(Added Pub. L. 96-417, title II, Sec. 201, Oct. 10, 1980, 94 Stat.

1730.)

-End-