US (United States) Code. Title 28. Part VI. Chapter 169: Court of International Trade Procedure

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 169 - COURT OF INTERNATIONAL TRADE

PROCEDURE 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-MISC1-

Sec.

2631. Persons entitled to commence a civil action.

2632. Commencement of a civil action.

2633. Procedure and fees.

2634. Notice.

2635. Filing of official documents.

2636. Time for commencement of action.

2637. Exhaustion of administrative remedies.

2638. New grounds in support of a civil action.

2639. Burden of proof; evidence of value.

2640. Scope and standard of review.

2641. Witnesses; inspection of documents.

2642. Analysis of imported merchandise.

2643. Relief.

2644. Interest.

2645. Decisions.

2646. Retrial or rehearing.

[2647. Repealed.]

AMENDMENTS

1984 - Pub. L. 98-620 title IV, Sec. 402(29)(G), Nov. 8, 1984, 98

Stat. 3359, struck out item 2647 "Precedence of cases".

1980 - Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94

Stat. 1730, substituted "COURT OF INTERNATIONAL TRADE PROCEDURE"

for "CUSTOMS COURT PROCEDURE" in chapter heading, "Persons entitled

to commence a civil action" for "Time for commencement of action"

in item 2631, "Commencement of a civil action" for "Customs Court

procedures and fees" in item 2632, "Procedure and fees" for

"Precedence of cases" in item 2633, "Filing of official documents"

for "Burden of proof; evidence of value" in item 2635, "Time for

commencement of action" for "Analysis of imported merchandise" in

item 2636, "Exhaustion of administrative remedies" for "Witnesses;

inspection of documents" in item 2637, "New grounds in support of a

civil action" for "Decisions; findings of fact and conclusions of

law; effect of opinions" in item 2638, "Burden of proof; evidence

of value" for "Retrial or rehearing" in item 2639, and added items

2640 to 2647.

1979 - Pub. L. 96-39, title X, Sec. 1001(b)(4)(F), July 26, 1979,

93 Stat. 306, substituted "Precedence of cases" for "Precedence of

American manufacturer, producer, or wholesaler cases" in item 2633.

1970 - Pub. L. 91-271, title I, Sec. 123(e), June 2, 1970, 84

Stat. 282, substituted "Time for commencement of action" for

"Appeal for reappraisement; assignment to single judge; hearing" in

item 2631, "Customs Court procedures and fees' for "Notice" in item

2632, "Precedence of American manufacturer, producer, or wholesaler

cases" for "Evidence of value, upon reappraisement; burden of

proof" in item 2633, "Notice" for "Witnesses; inspection of

documents" in item 2634, "Burden of proof; evidence of value" for

"Decision of single judge in reappraisement appeal" in item 2635,

"Analysis of imported merchandise" for "Review of single judge's

decision; disqualification of judges; remand; presumption" in item

2636, "Witnesses; inspection of documents" for "Review of decisions

of divisions" in item 2637, "Decisions; findings of fact and

conclusions of law; effect of opinions" for "Precedence of

classification cases" in item 2638, and "Retrial or rehearing" for

"Analysis of imported merchandise" in item 2639, and struck out

item 2640 "Rehearing or retrial", item 2641 "Frivolous protest or

appeal", and item 2642 "Amendment of protests, appeals, and

pleadings".

1949 - Act May 24, 1949, ch. 139, Sec. 121, 63 Stat. 106,

substituted "Amendment of protests, appeals, and pleadings" for

"Disqualification of judge" in item 2642.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 19 sections 1499, 1514,

1516, 1516a.

-End-

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28 USC Sec. 2631 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2631. Persons entitled to commence a civil action

-STATUTE-

(a) A civil action contesting the denial of a protest, in whole

or in part, under section 515 of the Tariff Act of 1930 may be

commenced in the Court of International Trade by the person who

filed the protest pursuant to section 514 of such Act, or by a

surety on the transaction which is the subject of the protest.

(b) A civil action contesting the denial of a petition under

section 516 of the Tariff Act of 1930 may be commenced in the Court

of International Trade by the person who filed such petition.

(c) A civil action contesting a determination listed in section

516A of the Tariff Act of 1930 may be commenced in the Court of

International Trade by any interested party who was a party to the

proceeding in connection with which the matter arose.

(d)(1) A civil action to review 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 may be commenced in the Court of International Trade

by a worker, group of workers, certified or recognized union, or

authorized representative of such worker or group that applies for

assistance under such Act and is aggrieved by such final

determination.

(2) A civil action to review 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 may be commenced in the Court of International Trade

by a firm or its representative that applies for assistance under

such Act and is aggrieved by such final determination, or by any

other interested domestic party that is aggrieved by such final

determination.

(3) A civil action to review 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 may be commenced in the Court of

International Trade by a community that applies for assistance

under such Act and is aggrieved by such final determination, or by

any other interested domestic party that is aggrieved by such final

determination.

(e) A civil action to review a final determination made under

section 305(b)(1) of the Trade Agreements Act of 1979 may be

commenced in the Court of International Trade by any person who was

a party-at-interest with respect to such determination.

(f) A civil action involving an application for the issuance of

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 may be commenced in the

Court of International Trade by any interested party whose

application for disclosure of such confidential information was

denied under section 777(c)(1) of such Act.

(g)(1) A civil action to review 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

such license or permit under section 641(b)(5) or (c)(2) of such

Act, may be commenced in the Court of International Trade by the

person whose license or permit was denied or revoked.

(2) A civil action to review 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 may be commenced in the

Court of International Trade by the person against whom the

decision was issued.

(3) A civil action to review 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 may be

commenced in the Court of International Trade by the person whose

accreditation was denied, suspended, or revoked.

(h) A civil action described in section 1581(h) of this title may

be commenced in the Court of International Trade by the person who

would have standing to bring a civil action under section 1581(a)

of this title if he imported the goods involved and filed a protest

which was denied, in whole or in part, under section 515 of the

Tariff Act of 1930.

(i) Any civil action of which the Court of International Trade

has jurisdiction, other than an action specified in subsections

(a)-(h) of this section, may be commenced in the court by any

person adversely affected or aggrieved by agency action within the

meaning of section 702 of title 5.

(j)(1) Any person who would be adversely affected or aggrieved by

a decision in a civil action pending in the Court of International

Trade may, by leave of court, intervene in such action, except that

-

(A) no person may intervene in a civil action under section 515

or 516 of the Tariff Act of 1930;

(B) in a civil action under section 516A of the Tariff Act of

1930, only an interested party who was a party to the proceeding

in connection with which the matter arose may intervene, and such

person may intervene as a matter of right; and

(C) in a civil action under section 777(c)(2) of the Tariff Act

of 1930, only a person who was a party to the investigation may

intervene, and such person may intervene as a matter of right.

(2) In those civil actions in which intervention is by leave of

court, the Court of International Trade shall consider whether the

intervention will unduly delay or prejudice the adjudication of the

rights of the original parties.

(k) In this section -

(1) "interested party" has the meaning given such term in

section 771(9) of the Tariff Act of 1930; and

(2) "party-at-interest" means -

(A) a foreign manufacturer, producer, or exporter, or a

United States importer, of merchandise which is the subject of

a final determination under section 305(b)(1) of the Trade

Agreements Act of 1979;

(B) a manufacturer, producer, or wholesaler in the United

States of a like product;

(C) United States members of a labor organization or other

association of workers whose members are employed in the

manufacture, production, or wholesale in the United States of a

like product;

(D) a trade or business association a majority of whose

members manufacture, produce, or wholesale a like product in

the United States,(!1) and

(E) an association composed of members who represent

parties-at-interest described in subparagraph (B), (C), or (D).

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1730; amended Pub. L. 98-573, title II, Sec. 212(b)(3), title VI,

Sec. 612(b)(3), Oct. 30, 1984, 98 Stat. 2983, 3034; Pub. L.

103-182, title VI, Sec. 684(a)(2), Dec. 8, 1993, 107 Stat. 2219.)

-REFTEXT-

REFERENCES IN TEXT

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

(a), (h), (j)(1)(A), is classified to section 1515 of Title 19,

Customs Duties.

Section 514 of the Tariff Act of 1930, referred to in subsec.

(a), is classified to section 1514 of Title 19.

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

(b), (j)(1)(A), is classified to section 1516 of Title 19.

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

(c), (j)(1)(B), 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 subsecs. (e), (k)(2)(A), is classified to section 2515(b)(1)

of Title 19.

Section 777 of the Tariff Act of 1930, referred to in subsecs.

(f), (j)(1)(C), is classified to section 1677f of Title 19.

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

(g), 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 771(9) of the Tariff Act of 1930, referred to in subsec.

(k)(1), is classified to section 1677(9) of Title 19.

-MISC1-

PRIOR PROVISIONS

A prior section 2631, acts June 25, 1948, ch. 646, 62 Stat. 980;

May 24, 1949, ch. 139, Sec. 122, 63 Stat. 106; June 2, 1970, Pub.

L. 91-271, title I, Sec. 112, 84 Stat. 278; Jan. 3, 1975, Pub. L.

93-618, title III, Sec. 321(f)(2), 88 Stat. 2048, related to time

for commencement of action, prior to the general revision of this

chapter by Pub. L. 96-417. See section 2636 of this title.

AMENDMENTS

1993 - Subsec. (g)(3). Pub. L. 103-182 added par. (3).

1984 - Subsec. (g). Pub. L. 98-573, Sec. 212(b)(3), amended

subsec. (g) generally. Prior to amendment, subsec. (g) read as

follows:

"(1) A civil action to review any decision of the Secretary of

the Treasury to deny or revoke a customhouse broker's license under

section 641(a) of the Tariff Act of 1930 may be commenced in the

Court of International Trade by the person whose license was denied

or revoked.

"(2) A civil action to review 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 may be commenced in the

Court of International Trade by the person whose license was

revoked or suspended."

Subsec. (k)(2)(E). Pub. L. 98-573, Sec. 612(b)(3), added subpar.

(E).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 212(b)(3) of 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.

Amendment by section 612(b)(3) of Pub. L. 98-573 applicable with

respect to investigations initiated by petition or by the

administering authority under subtitle A or B of title VII of the

Tariff Act of 1930 (19 U.S.C. 1671 et seq., 1673 et seq.), and to

reviews begun under section 751 of that Act (19 U.S.C. 1675), on or

after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98-573, as

amended, set out as a note under section 1671 of Title 19.

EFFECTIVE DATE

Chapter effective Nov. 1, 1980, unless otherwise provided, 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 (j) of this section applicable with

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

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

APPLICATION OF 1993 AMENDMENT

For purposes of applying amendment by Pub. L. 103-182, any

decision or order of Customs Service denying, suspending, or

revoking accreditation of a private laboratory on or after Dec. 8,

1993, and before regulations to implement 19 U.S.C. 1499(b) are

issued to be treated as having been denied, suspended, or revoked

under such section 1499(b), see section 684(b) of Pub. L. 103-182,

set out as a note under section 1581 of this title.

-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.

-FOOTNOTE-

(!1) So in original. The comma probably should be a semicolon.

-End-

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28 USC Sec. 2632 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2632. Commencement of a civil action

-STATUTE-

(a) Except for civil actions specified in subsections (b) and (c)

of this section, a civil action in the Court of International Trade

shall be commenced by filing concurrently with the clerk of the

court a summons and complaint, with the content and in the form,

manner, and style prescribed by the rules of the court.

(b) A civil action in the Court of International Trade under

section 515 or section 516 of the Tariff Act of 1930 shall be

commenced by filing with the clerk of the court a summons, with the

content and in the form, manner, and style prescribed by the rules

of the court.

(c) A civil action in the Court of International Trade under

section 516A of the Tariff Act of 1930 shall be commenced by filing

with the clerk of the court a summons or a summons and a complaint,

as prescribed in such section, with the content and in the form,

manner, and style prescribed by the rules of the court.

(d) The Court of International Trade may prescribe by rule that

any summons, pleading, or other paper mailed by registered or

certified mail properly addressed to the clerk of the court with

the proper postage affixed and return receipt requested shall be

deemed filed as of the date of mailing.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1732.)

-REFTEXT-

REFERENCES IN TEXT

Sections 515 and 516 of the Tariff Act of 1930, referred to in

subsec. (b), are classified to sections 1515 and 1516,

respectively, of Title 19, Customs Duties.

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

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

-MISC1-

PRIOR PROVISIONS

A prior section 2632, acts June 25, 1948, ch. 646, 62 Stat. 980;

June 2, 1970, Pub. L. 91-271, title I, Sec. 113, 84 Stat. 279; Jan.

3, 1975, Pub. L. 93-618, title III, Sec. 321(f)(3), 88 Stat. 2048;

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

306, related to Customs Court procedure and fees, prior to the

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

2633 of this title.

EFFECTIVE DATE

Subsec. (a) of this section applicable with respect to civil

actions commenced on or after Nov. 1, 1980, see section

701(b)(1)(B) of Pub. L. 96-417, set out as an Effective Date of

1980 Amendment note under section 251 of this title.

-End-

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28 USC Sec. 2633 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2633. Procedure and fees

-STATUTE-

(a) A filing fee shall be payable to the clerk of the Court of

International Trade upon the commencement of a civil action in such

court. The amount of the fee shall be prescribed by the rules of

the court, but shall be not less than $5 nor more than the filing

fee for commencing a civil action in a district court of the United

States. The court may fix all other fees to be charged by the clerk

of the court.

(b) The Court of International Trade shall prescribe rules

governing the summons, pleadings, and other papers, for their

amendment, service, and filing, for consolidations, severances,

suspensions of cases, and for other procedural matters.

(c) All summons, pleadings, and other papers filed in the Court

of International Trade shall be served on all parties in accordance

with rules prescribed by the court. When the United States, its

agencies, or its officers are adverse parties, service of the

summons shall be made upon the Attorney General and the head of the

Government agency whose action is being contested. When injunctive

relief is sought, the summons, pleadings, and other papers shall

also be served upon the named officials sought to be enjoined.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1732.)

-MISC1-

PRIOR PROVISIONS

A prior section 2633, acts June 25, 1948, ch. 646, 62 Stat. 980;

June 2, 1970, Pub. L. 91-271, title I, Sec. 114, 84 Stat. 279; July

26, 1979, Pub. L. 96-39, title X, Sec. 1001(b)(4)(D), 93 Stat. 306,

related to precedence of cases, prior to the general revision of

this chapter by Pub. L. 96-417. See section 2647 of this title.

-End-

-CITE-

28 USC Sec. 2634 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2634. Notice

-STATUTE-

Reasonable notice of the time and place of trial or hearing

before the Court of International Trade shall be given to all

parties to any civil action, as prescribed by the rules of the

court.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1733.)

-MISC1-

PRIOR PROVISIONS

A prior section 2634, acts June 25, 1948, ch. 646, 62 Stat. 981;

June 2, 1970, Pub. L. 91-271, title I, Sec. 115, 84 Stat. 280,

related to notice, prior to the general revision of this chapter by

Pub. L. 96-417. See section 2634 of this title.

-End-

-CITE-

28 USC Sec. 2635 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2635. Filing of official documents

-STATUTE-

(a) In any action commenced in the Court of International Trade

contesting the denial of a protest under section 515 of the Tariff

Act of 1930 or the denial of a petition under section 516 of such

Act, the Customs Service, as prescribed by the rules of the court,

shall file with the clerk of the court, as part of the official

record, any document, paper, information or data relating to the

entry of merchandise and the administrative determination that is

the subject of the protest or petition.

(b)(1) In any civil action commenced in the Court of

International Trade under section 516A of the Tariff Act of 1930,

within forty days or within such other period of time as the court

may specify, after the date of service of a complaint on the

administering authority established to administer title VII of the

Tariff Act of 1930 or the United States International Trade

Commission, the administering authority or the Commission shall

transmit to the clerk of the court the record of such action, as

prescribed by the rules of the court. The record shall, unless

otherwise stipulated by the parties, consist of -

(A) a copy of all information presented to or obtained by the

administering authority or the Commission during the course of

the administrative proceedings, including all governmental

memoranda pertaining to the case and the record of ex parte

meetings required to be maintained by section 777(a)(3) of the

Tariff Act of 1930; and

(B)(i) a copy of the determination and the facts and

conclusions of law upon which such determination was based, (ii)

all transcripts or records of conferences or hearings, and (iii)

all notices published in the Federal Register.

(2) The administering authority or the Commission shall identify

and transmit under seal to the clerk of the court any document,

comment, or information that is accorded confidential or privileged

status by the Government agency whose action is being contested and

that is required to be transmitted to the clerk under paragraph (1)

of this subsection. Any such document, comment, or information

shall be accompanied by a nonconfidential description of the nature

of the material being transmitted. The confidential or privileged

status of such material shall be preserved in the civil action, but

the court may examine the confidential or privileged material in

camera and may make such material available under such terms and

conditions as the court may order.

(c) Within fifteen days, or within such other period of time as

the Court of International Trade may specify, after service of a

summons and complaint in a 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, the

administering authority or the Commission shall transmit under seal

to the clerk of the Court of International Trade, as prescribed by

its rules, the confidential information involved, together with

pertinent parts of the record. Such information shall be

accompanied by a nonconfidential description of the nature of the

information being transmitted. The confidential status of such

information shall be preserved in the civil action, but the court

may examine the confidential information in camera and may make

such information available under a protective order consistent with

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

(d)(1) In any other civil action in the Court of International

Trade in which judicial review is to proceed upon the basis of the

record made before an agency, the agency shall, within forty days

or within such other period of time as the court may specify, after

the date of service of the summons and complaint upon the agency,

transmit to the clerk of the court, as prescribed by its rules -

(A) a copy of the contested determination and the findings or

report upon which such determination was based;

(B) a copy of any reported hearings or conferences conducted by

the agency; and

(C) any documents, comments, or other papers filed by the

public, interested parties, or governments with respect to the

agency's action.

(2) The agency shall identify and transmit under seal to the

clerk of the court any document, comment, or other information that

was obtained on a confidential basis and that is required to be

transmitted to the clerk under paragraph (1) of this subsection.

Any such document, comment, or information shall include a

nonconfidential description of the nature of the material being

transmitted. The confidential or privileged status of such material

shall be preserved in the civil action, but the court may examine

such material in camera and may make such material available under

such terms and conditions as the court may order.

(3) The parties may stipulate that fewer documents, comments, or

other information than those specified in paragraph (1) of this

subsection shall be transmitted to the clerk of the court.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1733; amended Pub. L. 103-182, title VI, Sec. 684(d), Dec. 8, 1993,

107 Stat. 2219.)

-REFTEXT-

REFERENCES IN TEXT

The Tariff Act of 1930, referred to in subsecs. (a), (b)(1), and

(c), is act June 17, 1930, ch. 497, 46 Stat. 590, as amended. Title

VII of the Tariff Act of 1930 is classified generally to subtitle

IV (Sec. 1671 et seq.) of chapter 4 of Title 19, Customs Duties.

Sections 515, 516, 516A, and 777 of the Tariff Act of 1930 are

classified to sections 1515, 1516, 1516a, and 1677f, respectively,

of Title 19. For complete classification of this Act to the Code,

see section 1654 of Title 19 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2635, acts June 25, 1948, ch. 646, 62 Stat. 981;

June 2, 1970, Pub. L. 91-271, title I, Sec. 116, 84 Stat. 280,

related to burden of proof and evidence of value, prior to the

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

2639 of this title.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-182 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

"(1) Upon service of the summons on the Secretary of the Treasury

in any civil action contesting the denial of a protest under

section 515 of the Tariff Act of 1930 or the denial of a petition

under section 516 of such Act, the appropriate customs officer

shall forthwith transmit to the clerk of the Court of International

Trade, as prescribed by its rules, and as a part of the official

record -

"(A) the consumption or other entry and the entry summary;

"(B) the commercial invoice;

"(C) the special customs invoice;

"(D) a copy of the protest or petition;

"(E) a copy of the denial, in whole or in part, of the protest

or petition;

"(F) the importer's exhibits;

"(G) the official and other representative samples;

"(H) any official laboratory reports; and

"(I) a copy of any bond relating to the entry.

"(2) If any of the items listed in paragraph (1) of this

subsection do not exist in a particular civil action, an

affirmative statement to that effect shall be transmitted to the

clerk of the court."

EFFECTIVE DATE

Section applicable with respect to civil actions commenced on or

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

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

251 of this title.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 19 section 1641.

-End-

-CITE-

28 USC Sec. 2636 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2636. Time for commencement of action

-STATUTE-

(a) A civil action contesting the denial, in whole or in part, of

a protest under section 515 of the Tariff Act of 1930 is barred

unless commenced in accordance with the rules of the Court of

International Trade -

(1) within one hundred and eighty days after the date of

mailing of notice of denial of a protest under section 515(a) of

such Act; or

(2) within one hundred and eighty days after the date of denial

of a protest by operation of law under the provisions of section

515(b) of such Act.

(b) A civil action contesting the denial of a petition under

section 516 of the Tariff Act of 1930 is barred unless commenced in

accordance with the rules of the Court of International Trade

within thirty days after the date of mailing of a notice pursuant

to section 516(c) of such Act.

(c) A civil action contesting a reviewable determination listed

in section 516A of the Tariff Act of 1930 is barred unless

commenced in accordance with the rules of the Court of

International Trade within the time specified in such section.

(d) A civil action contesting a final determination of the

Secretary of Labor under section 223 of the Trade Act of 1974 or a

final determination of the Secretary of Commerce under section 251

or section 271 of such Act is barred unless commenced in accordance

with the rules of the Court of International Trade within sixty

days after the date of notice of such determination.

(e) A civil action contesting a final determination made under

section 305(b)(1) of the Trade Agreements Act of 1979 is barred

unless commenced in accordance with the rules of the Court of

International Trade within thirty days after the date of the

publication of such determination in the Federal Register.

(f) A civil action involving an application for the issuance of

an order making confidential information available under section

777(c)(2) of the Tariff Act of 1930 is barred unless commenced in

accordance with the rules of the Court of International Trade

within ten days after the date of the denial of the request for

such confidential information.

(g) A civil action contesting the denial or revocation by the

Secretary of the Treasury of a customs broker's license or permit

under subsection (b) or (c) of section 641 of the Tariff Act of

1930, or the revocation or suspension of such license or permit or

the imposition of a monetary penalty in lieu thereof by such

Secretary under section 641(d) of such Act, is barred unless

commenced in accordance with the rules of the Court of

International Trade within sixty days after the date of the entry

of the decision or order of such Secretary.

(h) A civil action contesting the denial, suspension, or

revocation by the Customs Service of a private laboratory's

accreditation under section 499(b) of the Tariff Act of 1930 is

barred unless commenced in accordance with the rules of the Court

of International Trade within 60 days after the date of the

decision or order of the Customs Service.

(i) A civil action of which the Court of International Trade has

jurisdiction under section 1581 of this title, other than an action

specified in subsections (a)-(h) of this section, is barred unless

commenced in accordance with the rules of the court within two

years after the cause of action first accrues.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1734; amended Pub. L. 98-573, title II, Sec. 212(b)(4), title VI,

Sec. 623(b)(1), Oct. 30, 1984, 98 Stat. 2984, 3041; Pub. L.

103-182, title VI, Sec. 684(a)(3), Dec. 8, 1993, 107 Stat. 2219.)

-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 subsec.

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

Sections 223, 251, and 271 of the Trade Act of 1974, referred to

in subsec. (d), are classified to sections 2273, 2341, and 2371,

respectively, of Title 19, Customs Duties. Section 2371 of Title 19

was omitted from the Code as terminated Sept. 30, 1982.

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), is classified to section 1641 of Title 19.

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

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

-MISC1-

PRIOR PROVISIONS

A prior section 2636, acts June 25, 1948, ch. 646, 62 Stat. 981;

June 2, 1970, Pub. L. 91-271, title I, Sec. 117, 84 Stat. 280,

related to analysis of imported merchandise, prior to the general

revision of this chapter by Pub. L. 96-417. See section 2642 of

this title.

AMENDMENTS

1993 - Subsecs. (h), (i). Pub. L. 103-182 added subsec. (h) and

redesignated former subsec. (h) as (i).

1984 - Subsec. (c). Pub. L. 98-573, Sec. 623(b)(1)(A), amended

subsec. (c) generally, striking out ", other than a determination

under section 703(b), 703(c), 733(b), or 733(c) of such Act," and

substituting "within the time specified in such section" for

"within thirty days after the date of the publication of such

determination in the Federal Register".

Subsec. (d). Pub. L. 98-573, Sec. 623(b)(1)(B), redesignated

subsec. (e) as (d). Former subsec. (d), which provided that civil

actions contesting certain determinations by the administering

authority under sections 703(b), (c), and 733(b), (c), of the

Tariff Act of 1930 were barred unless commenced in accordance with

the rules of the Court of International Trade within 10 days after

publication of the determination in the Federal Register, was

struck out.

Subsecs. (e) to (g). Pub. L. 98-573, Sec. 623(b)(1)(B),

redesignated subsecs. (f) to (h) as (e) to (g), respectively.

Former subsec. (e) redesignated (d).

Subsec. (h). Pub. L. 98-573, Sec. 623(b)(1)(B), redesignated

subsec. (i) as (h). Former subsec. (h) redesignated (g).

Pub. L. 98-573, Sec. 212(b)(4), amended subsec. (h) generally,

substituting "customs broker's license or permit under subsection

(b) or (c) of section 641 of the Tariff Act of 1930, or the

revocation or suspension of such license or permit or the

imposition of a monetary penalty in lieu thereof by such Secretary

under section 641(d) of such Act," for "customhouse broker's

license under section 641(a) of the Tariff Act of 1930 or the

revocation or suspension by such Secretary of a customhouse

broker's license under section 641(b) of such Act".

Subsec. (i). Pub. L. 98-573, Sec. 623(b)(1)(B), redesignated

subsec. (i) as (h).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 212(b)(4) of 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.

Amendment by section 623(b)(1) of Pub. L. 98-573 applicable with

respect to civil actions pending on, or filed on or after, Oct. 30,

1984, see section 626(b)(2) of Pub. L. 98-573, set out as a note

under section 1671 of Title 19.

EFFECTIVE DATE

Section applicable with respect to civil actions commenced on or

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

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

of this title.

APPLICATION OF 1993 AMENDMENT

For purposes of applying amendment by Pub. L. 103-182, any

decision or order of Customs Service denying, suspending, or

revoking accreditation of a private laboratory on or after Dec. 8,

1993, and before regulations to implement 19 U.S.C. 1499(b) are

issued to be treated as having been denied, suspended, or revoked

under such section 1499(b), see section 684(b) of Pub. L. 103-182,

set out as a note under section 1581 of this title.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 19 sections 1514, 1515.

-End-

-CITE-

28 USC Sec. 2637 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2637. Exhaustion of administrative remedies

-STATUTE-

(a) A civil action contesting the denial of a protest under

section 515 of the Tariff Act of 1930 may be commenced in the Court

of International Trade only if all liquidated duties, charges, or

exactions have been paid at the time the action is commenced,

except that a surety's obligation to pay such liquidated duties,

charges, or exactions is limited to the sum of any bond related to

each entry included in the denied protest.

(b) A civil action contesting the denial of a petition under

section 516 of the Tariff Act of 1930 may be commenced in the Court

of International Trade only by a person who has first exhausted the

procedures set forth in such section.

(c) A civil action described in section 1581(h) of this title may

be commenced in the Court of International Trade prior to the

exhaustion of administrative remedies if the person commencing the

action makes the demonstration required by such section.

(d) In any civil action not specified in this section, the Court

of International Trade shall, where appropriate, require the

exhaustion of administrative remedies.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1735.)

-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.

-MISC1-

PRIOR PROVISIONS

A prior section 2637, acts June 25, 1948, ch. 646, 62 Stat. 982;

June 2, 1970, Pub. L. 91-271, title I, Sec. 118, 84 Stat. 280; July

26, 1979, Pub. L. 96-39, title X, Sec. 1001(b)(4)(E), 93 Stat. 306,

related to witnesses and inspection of documents, prior to the

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

2641 of this title.

EFFECTIVE DATE

Subsec. (c) of this section applicable with respect to civil

actions commenced on or after Nov. 1, 1980, see section

701(b)(1)(B) of Pub. L. 96-417, set out as an Effective Date of

1980 Amendment note under section 251 of this title.

-End-

-CITE-

28 USC Sec. 2638 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2638. New grounds in support of a civil action

-STATUTE-

In any civil action under section 515 of the Tariff Act of 1930

in which the denial, in whole or in part, of a protest is a

precondition to the commencement of a civil action in the Court of

International Trade, the court, by rule, may consider any new

ground in support of the civil action if such new ground -

(1) applies to the same merchandise that was the subject of the

protest; and

(2) is related to the same administrative decision listed in

section 514 of the Tariff Act of 1930 that was contested in the

protest.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1736.)

-REFTEXT-

REFERENCES IN TEXT

Section 515 of the Tariff Act of 1930, referred to in text, is

classified to section 1515 of Title 19, Customs Duties.

Section 514 of the Tariff Act of 1930, referred to in par. (2),

is classified to section 1514 of Title 19.

-MISC1-

PRIOR PROVISIONS

A prior section 2638, acts June 25, 1948, ch. 646, 62 Stat. 982;

June 2, 1970, Pub. L. 91-271, title I, Sec. 119, 84 Stat. 281,

related to decisions, findings of fact and conclusions of law, and

effect of opinions, prior to the general revision of this chapter

by Pub. L. 96-417. See section 2645 (a) and (c) of this title.

-End-

-CITE-

28 USC Sec. 2639 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2639. Burden of proof; evidence of value

-STATUTE-

(a)(1) Except as provided in paragraph (2) of this subsection, in

any civil action commenced in the Court of International Trade

under section 515, 516, or 516A of the Tariff Act of 1930, the

decision of the Secretary of the Treasury, the administering

authority, or the International Trade Commission is presumed to be

correct. The burden of proving otherwise shall rest upon the party

challenging such decision.

(2) The provisions of paragraph (1) of this subsection shall not

apply to any civil action commenced in the Court of International

Trade under section 1582 of this title.

(b) In any civil action described in section 1581(h) of this

title, the person commencing the action shall have the burden of

making the demonstration required by such section by clear and

convincing evidence.

(c) Where the value of merchandise or any of its components is in

issue in any civil action in the Court of International Trade -

(1) reports or depositions of consuls, customs officers, and

other officers of the United States, and depositions and

affidavits of other persons whose attendance cannot reasonably be

had, may be admitted into evidence when served upon the opposing

party as prescribed by the rules of the court; and

(2) price lists and catalogs may be admitted in evidence when

duly authenticated, relevant, and material.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1736.)

-REFTEXT-

REFERENCES IN TEXT

Sections 515, 516, and 516A of the Tariff Act of 1930, referred

to in subsec. (a)(1), are classified to sections 1515, 1516, and

1516a, respectively, of Title 19, Customs Duties.

-MISC1-

PRIOR PROVISIONS

A prior section 2639, acts June 25, 1948, ch. 646, 62 Stat. 982;

June 2, 1970, Pub. L. 91-271, title I, Sec. 120, 84 Stat. 281,

provided for retrial or rehearing, prior to the general revision of

this chapter by Pub. L. 96-417. See section 2646 of this title.

EFFECTIVE DATE

Subsec. (a)(2) of this 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.

Subsec. (b) of this section applicable with respect to civil

actions commenced on or after Nov. 1, 1980, see section

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2641 of this title; title

19 section 1499.

-End-

-CITE-

28 USC Sec. 2640 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2640. Scope and standard of review

-STATUTE-

(a) The Court of International Trade shall make its

determinations upon the basis of the record made before the court

in the following categories of civil actions:

(1) Civil actions contesting the denial of a protest under

section 515 of the Tariff Act of 1930.

(2) Civil actions commenced under section 516 of the Tariff Act

of 1930.

(3) Civil actions commenced to review a final determination

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

(4) Civil actions commenced under section 777(c)(2) of the

Tariff Act of 1930.

(5) Civil actions commenced to review any decision of the

Secretary of the Treasury under section 641 of the Tariff Act of

1930, with the exception of decisions under section 641(d)(2)(B),

which shall be governed by subdivision (d) of this section.

(6) Civil actions commenced under section 1582 of this title.

(b) In any civil action commenced in the Court of International

Trade under section 516A of the Tariff Act of 1930, the court shall

review the matter as specified in subsection (b) of such section.

(c) In any civil action commenced in the Court of International

Trade to review any final determination of the Secretary of Labor

under section 223 of the Trade Act of 1974 or any final

determination of the Secretary of Commerce under section 251 or

section 271 of such Act, the court shall review the matter as

specified in section 284 of such Act.

(d) In any civil action commenced to review any order or decision

of the Customs Service under section 499(b) of the Tariff Act of

1930, the court shall review the action on the basis of the record

before the Customs Service at the time of issuing such decision or

order.

(e) In any civil action not specified in this section, the Court

of International Trade shall review the matter as provided in

section 706 of title 5.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1736; amended Pub. L. 98-573, title II, Sec. 212(b)(5), Oct. 30,

1984, 98 Stat. 2984; Pub. L. 103-182, title VI, Sec. 684(a)(4),

Dec. 8, 1993, 107 Stat. 2219.)

-REFTEXT-

REFERENCES IN TEXT

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

(a)(1), is classified to section 1515 of Title 19, Customs Duties.

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

(a)(2), is classified to section 1516 of Title 19.

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

to in subsec. (a)(3), is classified to section 2515(b)(1) of Title

19.

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

subsec. (a)(4), is classified to section 1677f(c)(2) of Title 19.

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

(a)(5), is classified to section 1641 of Title 19.

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

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

Sections 223, 251, 271, and 284 of the Trade Act of 1974,

referred to in subsec. (c), are classified to sections 2273, 2341,

2371, and 2395, respectively, of Title 19, Customs Duties. Section

2371 of Title 19 was omitted from the Code as terminated Sept. 30,

1982.

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

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

-MISC1-

PRIOR PROVISIONS

A prior section 2640, act June 25, 1948, ch. 646, 62 Stat. 982,

authorized the division which had decided a case or the single

judge who had decided an appeal for a reappraisement to grant a

rehearing or retrial, prior to repeal by Pub. L. 91-271, title I,

Sec. 121, June 2, 1970, 84 Stat. 281. See section 2646 of this

title.

AMENDMENTS

1993 - Subsecs. (d), (e). Pub. L. 103-182 added subsec. (d) and

redesignated former subsec. (d) as (e).

1984 - Subsec. (a)(5). Pub. L. 98-573 amended par. (5) generally,

substituting "under section 641 of the Tariff Act of 1930, with the

exception of decisions under section 641(d)(2)(B), which shall be

governed by subdivision (d) of this section" for "to deny or revoke

a customhouse broker's license under section 641(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

Subsecs. (a)(5), (c), and (d) of this section applicable with

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

section 701(b)(1)(B) of Pub. L. 96-417, set out as an Effective

Date of 1980 Amendment note under section 251 of this title.

Subsec. (a)(6) of this 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.

APPLICATION OF 1993 AMENDMENT

For purposes of applying amendment by Pub. L. 103-182, any

decision or order of Customs Service denying, suspending, or

revoking accreditation of a private laboratory on or after Dec. 8,

1993, and before regulations to implement 19 U.S.C. 1499(b) are

issued to be treated as having been denied, suspended, or revoked

under such section 1499(b), see section 684(b) of Pub. L. 103-182,

set out as a note under section 1581 of this title.

-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.

-End-

-CITE-

28 USC Sec. 2641 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2641. Witnesses; inspection of documents

-STATUTE-

(a) Except as otherwise provided by law, in any civil action in

the Court of International Trade, each party and its counsel shall

have an opportunity to introduce evidence, to hear and

cross-examine the witnesses of the other party, and to inspect all

samples and papers admitted or offered as evidence, as prescribed

by the rules of the court. Except as provided in section 2639 of

this title, subsection (b) of this section, or the rules of the

court, the Federal Rules of Evidence shall apply to all civil

actions in the Court of International Trade.

(b) The Court of International Trade may order that trade secrets

and commercial or financial information which is privileged and

confidential, or any information provided to the United States by

any foreign government or foreign person, may be disclosed to a

party, its counsel, or any other person under such terms and

conditions as the court may order.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1737.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (a), are

set out in the Appendix to this title.

-MISC1-

PRIOR PROVISIONS

A prior section 2641, act June 25, 1948, ch. 646, 62 Stat. 982,

authorized the Customs Court to assess a penalty of not less than

$5 nor more than $250 against any person filing a frivolous protest

or appeal, prior to repeal by Pub. L. 91-271, title I, Sec. 121,

June 2, 1970, 84 Stat. 281.

-End-

-CITE-

28 USC Sec. 2642 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2642. Analysis of imported merchandise

-STATUTE-

The Court of International Trade may order an analysis of

imported merchandise and reports thereon by laboratories or

agencies of the United States or laboratories accredited by the

Customs Service under section 499(b) of the Tariff Act of 1930.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1737; amended Pub. L. 103-182, title VI, Sec. 684(a)(5), Dec. 8,

1993, 107 Stat. 2219.)

-REFTEXT-

REFERENCES IN TEXT

Section 499(b) of the Tariff Act of 1930, referred to in text, is

classified to section 1499(b) of Title 19, Customs Duties.

-MISC1-

PRIOR PROVISIONS

A prior section 2642, act May 24, 1949, ch. 139, Sec. 123, 63

Stat. 106, authorized the Customs Court under its rules and in its

discretion to permit the amendment of protests, appeals and

pleadings, prior to repeal by Pub. L. 91-271, title I, Sec. 121,

June 2, 1970, 84 Stat. 281. See section 2633(b) of this title.

AMENDMENTS

1993 - Pub. L. 103-182 inserted before period at end "or

laboratories accredited by the Customs Service under section 499(b)

of the Tariff Act of 1930".

APPLICATION OF 1993 AMENDMENT

For purposes of applying amendment by Pub. L. 103-182, any

decision or order of Customs Service denying, suspending, or

revoking accreditation of a private laboratory on or after Dec. 8,

1993, and before regulations to implement 19 U.S.C. 1499(b) are

issued to be treated as having been denied, suspended, or revoked

under such section 1499(b), see section 684(b) of Pub. L. 103-182,

set out as a note under section 1581 of this title.

-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.

-End-

-CITE-

28 USC Sec. 2643 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2643. Relief

-STATUTE-

(a) The Court of International Trade may enter a money judgment -

(1) for or against the United States in any civil action

commenced under section 1581 or 1582 of this title; and

(2) for or against the United States or any other party in any

counterclaim, cross-claim, or third-party action under section

1583 of this title.

(b) If the Court of International Trade is unable to determine

the correct decision on the basis of the evidence presented in any

civil action, the court may order a retrial or rehearing for all

purposes, or may order such further administrative or adjudicative

procedures as the court considers necessary to enable it to reach

the correct decision.

(c)(1) Except as provided in paragraphs (2), (3), (4), and (5) of

this subsection, the Court of International Trade may, in addition

to the orders specified in subsections (a) and (b) of this section,

order any other form of relief that is appropriate in a civil

action, including, but not limited to, declaratory judgments,

orders of remand, injunctions, and writs of mandamus and

prohibition.

(2) The Court of International Trade may not grant an injunction

or issue a writ of mandamus in any civil action commenced to review

any final determination of the Secretary of Labor under section 223

of the Trade Act of 1974, or any final determination of the

Secretary of Commerce under section 251 or section 271 of such Act.

(3) In any civil action involving an application for the issuance

of 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, the

Court of International Trade may issue an order of disclosure only

with respect to the information specified in such section.

(4) In any civil action described in section 1581(h) of this

title, the Court of International Trade may only order the

appropriate declaratory relief.

(5) In any civil action involving an antidumping or

countervailing duty proceeding regarding a class or kind of

merchandise of a free trade area country (as defined in section

516A(f)(10) of the Tariff Act of 1930), as determined by the

administering authority, the Court of International Trade may not

order declaratory relief.

(d) If a surety commences a civil action in the Court of

International Trade, such surety shall recover only the amount of

the liquidated duties, charges, or exactions paid on the entries

included in such action. The excess amount of any recovery shall be

paid to the importer of record.

(e) In any proceeding involving assessment or collection of a

monetary penalty under section 641(b)(6) or 641(d)(2)(A) of the

Tariff Act of 1930, the court may not render judgment in an amount

greater than that sought in the initial pleading of the United

States, and may render judgment in such lesser amount as shall seem

proper and just to the court.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1737; amended Pub. L. 98-573, title II, Sec. 212(b)(6), Oct. 30,

1984, 98 Stat. 2984; Pub. L. 100-449, title IV, Sec. 402(b), Sept.

28, 1988, 102 Stat. 1884; Pub. L. 103-182, title IV, Sec. 414(b),

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

-REFTEXT-

REFERENCES IN TEXT

Sections 223, 251, and 271 of the Trade Act of 1974, referred to

in subsec. (c)(2), are classified to sections 2273, 2341, and 2371,

respectively, of Title 19, Customs Duties. Section 2371 of Title 19

was omitted from the Code as terminated Sept. 30, 1982.

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

subsec. (c)(3), is classified to section 1677f(c)(2) of Title 19.

Section 516A(f)(10) of the Tariff Act of 1930, referred to in

subsec. (c)(5), is classified to section 1516a(f)(10) of Title 19.

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

(e), is classified to section 1641 of Title 19.

-MISC1-

AMENDMENTS

1993 - Subsec. (c)(5). Pub. L. 103-182 substituted "merchandise

of a free trade area country (as defined in section 516A(f)(10) of

the Tariff Act of 1930)" for "Canadian merchandise".

1988 - Subsec. (c). Pub. L. 100-449 substituted "(4), and (5)"

for "and (4)" in par. (1) and added par. (5).

1984 - Subsec. (e). Pub. L. 98-573 added subsec. (e).

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 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

Subsecs. (a) and (c)(2), (4) of this section applicable with

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

section 701(b)(1)(B) of Pub. L. 96-417, set out as an Effective

Date of 1980 Amendment note under section 251 of this title.

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. 2644 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2644. Interest

-STATUTE-

If, in a civil action in the Court of International Trade under

section 515 of the Tariff Act of 1930, the plaintiff obtains

monetary relief by a judgment or under a stipulation agreement,

interest shall be allowed at an annual rate established under

section 6621 of the Internal Revenue Code of 1986. Such interest

shall be calculated from the date of the filing of the summons in

such action to the date of the refund.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1738; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095.)

-REFTEXT-

REFERENCES IN TEXT

Section 515 of the Tariff Act of 1930, referred to in text, is

classified to section 1515 of Title 19, Customs Duties.

Section 6621 of the Internal Revenue Code of 1986, referred to in

text, is classified to section 6621 of Title 26, Internal Revenue

Code.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954".

EFFECTIVE DATE

Section applicable with respect to civil actions commenced on or

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

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

of this title.

-End-

-CITE-

28 USC Sec. 2645 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2645. Decisions

-STATUTE-

(a) A final decision of the Court of International Trade in a

contested civil action or a decision granting or refusing a

preliminary injunction shall be supported by -

(1) a statement of findings of fact and conclusions of law; or

(2) an opinion stating the reasons and facts upon which the

decision is based.

(b) After the Court of International Trade has rendered a

judgment, the court may, upon the motion of a party or upon its own

motion, amend its findings or make additional findings and may

amend the decision and judgment accordingly. A motion of a party or

the court shall be made not later than thirty days after the date

of entry of the judgment.

(c) A decision of the Court of International Trade is final and

conclusive, unless a retrial or rehearing is granted pursuant to

section 2646 of this title or an appeal is taken to the Court of

Appeals for the Federal Circuit by filing a notice of appeal with

the clerk of the Court of International Trade within the time and

in the manner prescribed for appeals to United States courts of

appeals from the United States district courts.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1738; amended Pub. L. 97-164, title I, Sec. 141, Apr. 2, 1982, 96

Stat. 45.)

-MISC1-

AMENDMENTS

1982 - Subsec. (c). Pub. L. 97-164 substituted "is taken to the

Court of Appeals for the Federal Circuit by filing a notice of

appeal with the clerk of the Court of International Trade within

the time and in the manner prescribed for appeals to United States

courts of appeals from the United States district courts" for "is

taken to the Court of Customs and Patent Appeals within the time

and in the manner provided in section 2601 of this title".

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

-End-

-CITE-

28 USC Sec. 2646 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

Sec. 2646. Retrial or rehearing

-STATUTE-

After the Court of International Trade has rendered a judgment or

order, the court may, upon the motion of a party or upon its own

motion, grant a retrial or rehearing, as the case may be. A motion

of a party or the court shall be made not later than thirty days

after the date of entry of the judgment or order.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.

1739.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2645 of this title.

-End-

-CITE-

28 USC Sec. 2647 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-

[Sec. 2647. Repealed. Pub. L. 98-620, title IV, Sec. 402(29)(G),

Nov. 8, 1984, 98 Stat. 3359]

-MISC1-

Section, added Pub. L. 96-417, title III, Sec. 301, Oct. 10,

1980, 94 Stat. 1739; amended Pub. L. 98-573, title VI, Sec.

623(b)(2), Oct. 30, 1984, 98 Stat. 3041, related to precedence of

cases.

EFFECTIVE DATE OF REPEAL

Repeal not applicable to cases pending on Nov. 8, 1984, see

section 403 of Pub. L. 98-620, set out as an Effective Date note

under section 1657 of this title.

-End-