dreamproit/uscode huggingface dataset:
28 U.S.C. § 2601...2604 (JUDICIARY AND JUDICIAL PROCEDURE)
[§§ 2601 to 2604. Repealed. Pub. L. 97–164, title I, § 140, Apr. 2, 1982, 96 Stat. 44]
text: Section 2601, acts June 25, 1948, ch. 646, 62 Stat. 979; June 2, 1970, Pub. L. 91–271, title I, § 103, 84 Stat. 275; Oct. 10, 1980, Pub. L. 96–417, title IV, § 403(a)–(d), title V, § 501(27), (28), 94 Stat. 1740–1742, provided for appeals to the Court of Customs and Patent Appeals from final judgments or orders of the Court of International Trade and for the procedures to be followed in such appeals. See section 1295(a)(5) of this title.
text: Section 2602, acts June 25, 1948, ch. 646, 62 Stat. 980; Oct. 14, 1966, Pub. L. 89–651, § 8(c)(3), 80 Stat. 902; June 2, 1970, Pub. L. 91–271, title I, § 104, 84 Stat. 276; Oct. 10, 1980, Pub. L. 96–417, title IV, § 403(e)(1), 94 Stat. 1741, provided for the precedence of enumerated civil actions in the Court of Customs and Patent Appeals. See section 1296 of this title.
text: Section 2603, added Pub. L. 96–417, title IV, § 404(a), Oct. 10, 1980, 94 Stat. 1741, provided that, except as provided in section 2639 or 2641(b) of this title or in the rules prescribed by the court, the Federal Rules of Evidence would apply in the Court of Customs and Patent Appeals in any appeal from the Court of International Trade.
text: Section 2604, added Pub. L. 96–417, title IV, § 405(a), Oct. 10, 1980, 94 Stat. 1741, authorized the chief judge of the Court of Customs and Patent Appeals to summon annually the judges of the court to a judicial conference for the purpose of considering the business of the court and improvements in the administration of justice of the court.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
28 U.S.C. § 2632 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2632. Commencement of a civil action
(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.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1732.)
heading: Editorial Notes
heading: References in Text
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.
heading: Prior Provisions
text: A prior section 2632, acts June 25, 1948, ch. 646, 62 Stat. 980; June 2, 1970, Pub. L. 91–271, title I, § 113, 84 Stat. 279; Jan. 3, 1975, Pub. L. 93–618, title III, § 321(f)(3), 88 Stat. 2048; July 26, 1979, Pub. L. 96–39, title X, § 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
28 U.S.C. § 2633 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2633. Procedure and fees
(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.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1732.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2633, acts June 25, 1948, ch. 646, 62 Stat. 980; June 2, 1970, Pub. L. 91–271, title I, § 114, 84 Stat. 279; July 26, 1979, Pub. L. 96–39, title X, § 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.
28 U.S.C. § 2634 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2634. Notice
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.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1733.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2634, acts June 25, 1948, ch. 646, 62 Stat. 981; June 2, 1970, Pub. L. 91–271, title I, § 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.
28 U.S.C. § 2637 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2637. Exhaustion of administrative remedies
(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.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1735.)
heading: Editorial Notes
heading: References in Text
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.
heading: Prior Provisions
text: A prior section 2637, acts June 25, 1948, ch. 646, 62 Stat. 982; June 2, 1970, Pub. L. 91–271, title I, § 118, 84 Stat. 280; July 26, 1979, Pub. L. 96–39, title X, § 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
28 U.S.C. § 2638 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2638. New grounds in support of a civil action
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.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1736.)
heading: Editorial Notes
heading: References in Text
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.
heading: Prior Provisions
text: A prior section 2638, acts June 25, 1948, ch. 646, 62 Stat. 982; June 2, 1970, Pub. L. 91–271, title I, § 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.
28 U.S.C. § 2639 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2639. Burden of proof; evidence of value
(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.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1736.)
heading: Editorial Notes
heading: References in Text
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.
heading: Prior Provisions
text: A prior section 2639, acts June 25, 1948, ch. 646, 62 Stat. 982; June 2, 1970, Pub. L. 91–271, title I, § 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
28 U.S.C. § 2641 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2641. Witnesses; inspection of documents
(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.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1737.)
heading: Editorial Notes
heading: References in Text
text: The Federal Rules of Evidence, referred to in subsec. (a), are set out in the Appendix to this title.
heading: Prior Provisions
text: 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, § 121, June 2, 1970, 84 Stat. 281.
28 U.S.C. § 2642 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2642. Analysis of imported merchandise
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.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1737; amended Pub. L. 103–182, title VI, § 684(a)(5), Dec. 8, 1993, 107 Stat. 2219.)
heading: Editorial Notes
heading: References in Text
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.
heading: Prior Provisions
text: A prior section 2642, act May 24, 1949, ch. 139, § 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, § 121, June 2, 1970, 84 Stat. 281. See section 2633(b) of this title.
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Application of 1993 Amendment
text: 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, formerly set out as a note under section 1581 of this title.
heading: Transfer of Functions
text: 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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
28 U.S.C. § 2644 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2644. Interest
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.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1738; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
heading: Editorial Notes
heading: References in Text
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.
heading: Amendments
text: 1986—Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
28 U.S.C. § 2645 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2645. Decisions
(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.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1738; amended Pub. L. 97–164, title I, § 141, Apr. 2, 1982, 96 Stat. 45.)
heading: Editorial Notes
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1982 Amendment
text: 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.
28 U.S.C. § 2647 (JUDICIARY AND JUDICIAL PROCEDURE)
[§ 2647. Repealed. Pub. L. 98–620, title IV, § 402(29)(G), Nov. 8, 1984, 98 Stat. 3359]
text: Section, added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1739; amended Pub. L. 98–573, title VI, § 623(b)(2), Oct. 30, 1984, 98 Stat. 3041, related to precedence of cases.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: 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.
28 U.S.C. § 2673 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2673. Reports to Congress
The head of each federal agency shall report annually to Congress all claims paid by it under section 2672 of this title, stating the name of each claimant, the amount claimed, the amount awarded, and a brief description of the claim.
(June 25, 1948, ch. 646, 62 Stat. 983.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 922 (Aug. 2, 1946, ch. 753, § 404, 60 Stat. 843).
Changes were made in phraseology.
heading: Statutory Notes and Related Subsidiaries
heading: Repeal
text: Pub. L. 89–348, § 1(1), Nov. 8, 1965, 79 Stat. 1310, repealed the requirement that an annual report to Congress be made of the administrative adjustment of tort claims of $2,500 or less, stating the name of each claimant, the amount claimed, the amount awarded, and a brief description of the claim.
28 U.S.C. § 2677 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2677. Compromise
The Attorney General or his designee may arbitrate, compromise, or settle any claim cognizable under section 1346(b) of this title, after the commencement of an action thereon.
(June 25, 1948, ch. 646, 62 Stat. 984; Pub. L. 89–506, § 3, July 18, 1966, 80 Stat. 307.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 934 (Aug. 2, 1946, ch. 753, § 413, 60 Stat. 845).
Changes were made in phraseology.
heading: Senate Revision Amendment
text: This section was renumbered “2676” by Senate amendment. See 80th Congress Senate Report No. 1559.
heading: Editorial Notes
heading: Amendments
text: 1966—Pub. L. 89–506 struck out provision requiring that approval of court be obtained before Attorney General could arbitrate, compromise, or settle a claim after commencement of an action thereon.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1966 Amendment
text: Amendment by Pub. L. 89–506 applicable to claims accruing six months or more after July 18, 1966, see section 10 of Pub. L. 89–506, set out as a note under section 2672 of this title.