-CITE-
    28 USC CHAPTER 169 - COURT OF INTERNATIONAL TRADE
           PROCEDURE                                       01/03/2007

-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      Repealed.]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.

-End-

-CITE-
    28 USC Sec. 2631                                            01/03/2007

-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-

-CITE-
    28 USC Sec. 2632                                            01/03/2007

-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-

-CITE-
    28 USC Sec. 2633                                            01/03/2007

-EXPCITE-
    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                                            01/03/2007

-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                                            01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 2636                                            01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 2637                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 2640                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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.)

-End-

-CITE-
    28 USC Sec. 2647                                            01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART VI - PARTICULAR PROCEEDINGS
    CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE

-HEAD-
    Sec. 2647. Repealed.

-MISC1-
    [Sec. 2647. Repealed. Pub. L. 98-620, title IV, Sec. 402(29)(G),
      Nov. 8, 1984, 98 Stat. 3359].
      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-