Customs Courts Act of 1979
PL 96-417 (S.1654), enacted 10/10/1980

PUBLIC LAW 96-417—OCT. 10, 1980 
94 STAT. 1727 
Public Law 96-417 
96th Congress 
An Act 
To improve the Federal judicial machinery by clarifying and revising certain provi- 
Oct. 10, ia»U— 
sions of title 28, United States Code, relating to the judiciary and judicial review 
[S. 1654] 
of international trade matters, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, That this Act may be Customs Courts 
cited as the "Customs Courts Act of 1980". 
i'^tSi^^'^ . 
28 use 1 note. 
TITLE I—COMPOSITION OF THE COURT OF INTERNATIONAL 
TRADE AND ASSIGNMENT OF JUDGES TO OTHER COURTS 
COMPOSITION OF COURT 
SEC. 101. Section 251 of title 28, United States Code, is amended to 
read as follows: 
*'§251. Appointment and number of judges; offlces 
"(a) The President shall appoint, by and with the advice and 
consent of the Senate, nine judges who shall constitute a court of 
record to be known as the United States Court of International Trade. 
Not more than five of such judges shall be from the same political 
party. The court is a court established under article III of the 
Constitution of the United States. 
use prec. title i. 
"(h) The President shall designate one of the judges of the Court of 
International Trade who is less than seventy years of age to serve as 
chief judge. The chief judge shall continue to serve as chief judge 
until he reaches the age of seventy years and another judge is 
designated as chief judge by the President. After the designation of 
another judge to serve as chief judge, the former chief judge may 
continue to serve as a judge of 
the court. 
"(c) The offices of the Court of International Trade shall be located 
in New York, New York.". 
ASSIGNMENT OF JUDGES 
SEC. 102. (a) Section 293(b) of title 28, United States Code, is 
amended by striking out "Customs Court" and all that follows 
through "need arises" and inserting in lieu thereof "Court of Interna-
tional Trade to perform judicial duties in any circuit, either in a court 
of appeals or district court, upon presentation of a certificate of 
necessity by the chief judge or circuit justice of the circuit in which 
the need arises". 
(b) Section 293(d) of title 28, United States Code, is amended to read 
as follows: 
"(d) The chief judge of the Court of International Trade may, upon 
presentation to him of a certificate of necessity by the chief judge of 
the Court of Customs and Patent Appeals or the chief judge of the 
Court of Claims, designate and assign temporarily any judge of the 
79-194 
O—81—pt. 2 
29 : QL3 
94 S T A T ; 1728 
PUBLIC LAW 96-417—OCT. 10, 1980 
Court of International Trade to serve as a judge of the Court of 
Customs and Patent Appeals or the Court of Claims.". 
TITLE II—JURISDICTION OF THE COURT OF 
INTERNATIONAL TRADE 
JURISDICTION OF THE COURT 
SEC. 201. Chapter 95 of title 28, United States Code, is amended to 
read as follows: 
"CHAPTER 
95—COURT 
OF 
INTERNATIONAL 
TRADE 
"Sec. 
"1581. Civil actions against the United States and agencies and officers thereof. 
"1582. Civil actions commenced by the United States. 
"1583. Counterclaims, cross-claims, and third-party actions. 
"1584. Cure of defects. 
"1585. Powers in law and equity. 
28 use 1581. 
"§1581. Civil actions against the United States and agencies and 
ofHcers thereof 
"(a) The Court of International Trade shall have exclusive jurisdic-
tion of any civil action commenced to contest the denial of a protest, 
1
9 use 1515. 
in whole or in part, under section 515 of the Tariff Act of 1930. 
"(b) The Court of International Trade shall have exclusive jurisdic-
tion of any civil action commenced under section 516 of the Tariff Act 
1
9 use 1516. 
of 1930. 
"(c) The Court of International Trade shall have exclusive jurisdic-
tion of any civil action commenced under section 516A of the Tariff 
1
9 use 1516a. 
Act of 1930. 
"(d) The Court of International Trade shall have exclusive jurisdic-
tion of any civil action commenced to review— 
"(1) any final determination of the Secretary of Labor under 
1
9 use 2273. 
section 223 of the Trade Act of 1974 with respect to the eligibility 
of workers for adjustment assistance under such Act; 
"(2) any final determination of the Secretary of Commerce 
1
9 use 2341. 
under section 251 of the Trade Act of 1974 with respect to the 
eligibility of a firm for adjustment assistance under such Act; 
and 
"(3) any final determination of the Secretary of Commerce 
1
9 use 2371. 
under section 271 of the Trade Act of 1974 with respect to the 
eligibility of a community for adjustment assistance under such 
Act. 
"(e) The Court of International Trade shall have exclusive jurisdic-
tion of any civil action commenced to review any final determination 
of the Secretary of the Treasury under section 305(b)(1) of the Trade 
1
9 use 2515. 
Agreements Act of 1979. 
"(f) The Court of International Trade shall have exclusive jurisdic-
tion of any civil action involving an application for an order directing 
the administering authority or the International Trade Commission 
to make confidential information available under section 777(cX2) of 
1
9 use I677f. 
the Tariff Act of 1930. 
"(g) The Court of International Trade shall have exclusive jurisdic-
tion of any civil action commenced to review— 
"(1) any decision of the Secretary of the Treasury to deny or 
revoke a customhouse broker's license under section 641(a) of the 
1
9 use 1641. 
Tariff Act of 1930; and 
PUBLIC LAW 96-417—OCT. 10, 1980 
94 STAT. 1729 
"(2) any order of the Secretary of the Treasury to revoke or 
suspend a customhouse broker's license under section 641G>) of 
the Tariff Act of 1930. 
19 use I64i. 
"(h) The Court of International Trade shall have exclusive jurisdic-
tion of any civil action commenced to review, prior to the importation 
of the goods involved, a ruling issued by the Secretary of the 
Treasury, or a refusal to issue or change such a ruling, relating to 
classification, valuation, rate of duty, marking, restricted merchan-
dise, entry requirements, drawbacks, vessel repairs, or similar mat-
ters, but only if the party commencing the civil action demonstrates 
to the court that he would be irreparably harmed unless given an 
opportunity to obtain judicial review prior to such importation. 
"(i) In addition to the jurisdiction conferred upon the Court of 
International Trade by subsections (aMh) of this section and subject 
to the exception set forth in subsection (j) of this section, the Court of 
International Trade shall have exclusive jurisdiction of any civil 
action commenced against the United States, its agencies, or its 
officers, that arises out of any law of the United States providing 
for— 
"(1) revenue from imports or tonnage; 
"(2) tariffs, duties, fees, or other taxes on the importation of 
merchandise for reasons other than the raising of revenue; 
"(3) embargoes or other quantitative restrictions on the impor-
tation of merchandise for reasons other than the protection of 
the public health or safety; or 
"(4) administration and enforcement with respect to the mat-
ters referred to in paragraphs (IMS) of this subsection and 
subsections (a)-(h) of this section, 
"(j) The C!ourt of International Trade shall not have jurisdiction of 
any civil action arising under section 305 of the Tariff Act of 1930. 19 use 1305. 
"§ 1582. Civil actions commenced by the United States 
28 use 1582. 
"The C!ourt of International Trade shall have exclusive jurisdiction 
of any civil action which arises out of an import transaction and 
which is commenced by the United States— 
"(1) to recover a civil pensdty under section 592, 704(iX2), or 
734(iX2) of the Tariff Act of 1930; 
19 use 1592, 
"(2) to recover upon a bond relating to the importation of I67ic, I673c. 
merchandise required by the laws of the United States or by the 
Secretary of the Treasury; or 
"(3) to recover customs duties. 
*
*
§ 1583. Counterclaims, cross-claims, and third-party actions 
28 use 1583. 
"In any civil action in the Court of International Trade, the court 
shall have exclusive jurisdiction to render judgment upon any coun-
terclaim, cross-claim, or third-party action of any party, if (1) such 
claim or action involves the imported merchandise that is the subject 
matter of such civil action, or (2) such claim or action is to recover 
upon a bond or customs duties relating to such merchandise. 
"§ 1584. Cure of defects 
28 use 1584. 
"(a) If a civil action within the exclusive jurisdiction of the Court of 
International Trade is commenced in a district court of the United 
States, the district court shall, in the interest of 
justice, transfer such 
civil action to the C!ourt of International Trade, where such action 
shall proceed as if it had been commenced in the C!ourt of Inter-
national Trade in the first instance. 
94 STAT. 1730 
PUBLIC LAW 96-417—OCT. 10, 1980 
"(b) If a civil action within the exclusive jurisdiction of a district 
court, a court of 
appeals, or the Court of 
Customs and Patent Appeals 
is commenced in the Court of International Trade, the Court of 
Intemationsd Trade shall, in the interest of 
justice, transfer such civil 
action to the appropriate district court or court of appeals or to the 
Court of Customs and Patent Appeals where such action shall 
proceed as tf it had been commenced in such court in the first 
mstsmce. 
28 use 1585. 
**§ 1585. Powers in law and equity 
"The Court of International Trade shall possess all the powers in 
law and equity of, or as conferred by statute upon, a district court of 
the United States.". 
TITLE 
m—COURT 
OF 
INTERNATIONAL 
TRADE 
PROCEDURE 
COURT PROCEDURE 
SEC. 301. Chapter 169 of 
title 28, United States Code, is amended to 
read as follows: 
"CHAPTER 169—COURT OF INTERNATIONAL TRADE 
PROCEDURE 
"Sec. 
"2631. Persons entitled to commence a civil action. 
"2632. Commencement cf 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. Precedence of cases. 
28 use 2631. 
"§2631. Persons entitled to commence a civil action 
"(a) A civil action contesting the denial of a protest, in whole or in 
1
9 use 1515. 
part, imder section 515 of 
the Tariff Act of 1930 may be commenced in 
the Court of International Trade by the person who filed the protest 
1
9 use 1514. 
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 
1
9 use 1516. 
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 
1
9 use 1516a. 
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 
1
9 use 2273. 
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 
PUBLIC LAW 96-417—OCT. 10, 1980 
94 STAT. 1731 
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 Secre-
tary of Commerce under section 251 of the Trade Act of 1974 with 19 use 2341. 
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 Secre-
tary of Commerce under section 271 of the Trade Act of 1974 with 19 use 2371. 
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 19 use 2515. 
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 19 use I677f. 
Court of International Trade by any interested party whose applica-
tion 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 or revoke a customhouse broker's license under 
section 641(a) of the Tariff Act of 1930 may be commenced in the 19 use 1641. 
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. 
"(h) A civil action described in section 1581(h) of this title may be 28 USC 1581. 
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. 
19 use 1515. 
"(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. 
5 use 702. 
"(j)(l) 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; 
19 use 1515, 
"(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 19 USe 1516a. 
in connection with which the matter arose may intervene, and 
such person may intervene as a matter of right; and 
94 STAT. 1732 
PUBLIC LAW 96-417—OCT. 10, 1980 
19 use 1677f. 
"Interested 
party." 
19 use 1677. 
"Party-at-
interest." 
28 use 2632. 
19 use 1515, 
1516. 
19 use 1516a. 
28 use 2633. 
"(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 interven-
tion 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 3050t))(l) 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; and 
"(D) a trade or business association a majority of whose 
members manufacture, produce, or wholesale a like product 
in the United States. 
"§ 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. 
"§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 govern-
ing the summons, pleadings, and other papers, for their amendment, 
service, and filing, for consolidations, severances, suspensions of 
cases, and for other procedural matters. 
PUBLIC LAW 96-417—OCT. 10, 1980 
94 STAT. 1733 
"(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. 
"§ 2634. Notice 
28 use 2634. 
"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. 
"§ 2635. Filing of official documents 
28 USC 2635. 
"(a)(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 19 USC 1515. 
section 516 of such Act, the appropriate customs officer shall forth- 19 USC 1516. 
with 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, 
"(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 19 USC 1516a. 
or within such other period of time as the court may specify, after the 
date of service of a complaint on the administering authority estab-
lished to administer title VII of the Tariff Act of 1930 or the United 19 USC 1671. 
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 
19 USC I677f. 
"(B)(i) a copy of the determination and the facts and conclu-
sions 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 
94 STAT. 1734 
PUBLIC LAW 96-417—OCT. 10, 1980 
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 sec-
19 use I677f. 
tion 777(cX2) 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 descrip-
tion of the nature of the information being transmitted. The confiden-
tial 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(cX2) 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. 
28 use 2636. 
"§ 2636. Time for commencement of action 
"(a) A civil action contesting the denial, in whole or in part, of a 
19 use 1515. 
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 
PUBLIC LAW 96-417—OCT. 10, 1980 
94 STAT. 1735 
"(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 accord-
ance 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, other than a determination 
under section 7030)), 703(c), 733(b), or 733(c) of such Act, is barred 
unless commenced in accordance with the rules of the Court of 
International Trade within thirty days after the date of the publica-
tion of 
such determination in the Federal Register. 
"(d)(1) A civil action contesting a determination by the administer-
ing authority under section 703(c) or 733(c) of the Tariff Act of 1930 
that a case is extraordinarily complicated is barred unless com-
menced in accordance with the rules of the Court of International 
Trade within ten days sifter the date of the publication of such 
determination in the Federal Register. 
"(2) A civil action contesting a negative determination by the 
administering authority under section 703(b) or 733(b) 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 publication of 
such determination in the Federal Register. 
"(e) 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. 
"(f) A civil action contesting a final determination made under 
section 3050bXl) 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. 
"(g) A civil action involving an application for the issuance of an 
order making confidentisd 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 confiden-
tial information. 
"(h) A civil action contesting the denial or revocation by the 
Secretary of the Treasury of a 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 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. 
"(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. 
''§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 
19 use 1515. 
19 use 1516. 
19 use 1516a. 
19 use 1671b, 
1673b. 
19 use 2273. 
19 use 2341, 
2371. 
19 use 2515. 
19 use 1677f. 
19 use 1641. 
28 use 1581. 
28 use 2637. 
19 use 1515. 
94 STAT. 1736 
PUBLIC LAW 96-417—OCT. 10, 1980 
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 exac-
tions 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 
19 use 1516. 
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. 
28 use 1581. 
"(c) A civil action described in section 1581(h) of this title may be 
commenced in the Court of International Trade prior to the exhaus-
tion 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. 
28 use 2638 
«'§ 2638. New grounds in support of a civil action 
19 use 1515. 
"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 
19 use 1514. 
section 514 of the Tariff Act of 1930 that was contested in the 
protest. 
28 use 2639 
"§ 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 
19 use 1515- 
section 515, 516, or 516A of the Tariff Act of 1930, the decision of the 
^^^^^ 
Secretary of the Treasury, the administering authority, or the Inter-
national 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 
Ante, p. 1729. 
Trade under section 1582 of this title. 
Ante, p. 1728. 
"(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. 
28 use 2640. 
"§ 2640. Scope and standard of review 
"(a) The Court of International Trade shall make its determina-
tions upon the basis of the record made before the court in the 
following categories of civil actions: 
PUBLIC LAW 96-417—OCT. 10, 1980 
94 STAT. 1737 
19 use 1515. 
19 use 1516. 
19 use 2515. 
19 use 1677f. 
19 use 1641. 
19 use 1516a. 
19 use 2273. 
19 use 2341, 
2371. 
Post, p. 1746. 
28 use 2641. 
"(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(cX2) of the 
TariffActofl930. 
"(5) Civil actions commenced 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. 
"(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 £iny civil action not specified in this section, the Court of 
International Trade shall review the matter as provided in section 
706 of title 5. 
*'§ 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 28 use app. 
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. 
"§ 2642. Analysis of imported merchandise 
"The Court of International Trade may order an analysis of 
imported merchandise and reports thereon by laboratories or agen-
cies of the United States. 
"§2643. Relief 
"(a) The Court of International Trade may enter a money judg-
ment— 
"(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 
28 use 2642. 
28 use 2643. 
Ante, pp. 1728, 
1729. 
Ante, p. 1729. 
94 STAT. 1738 
PUBLIC LAW 96-417—OCT. 10, 1980 
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), and (4) 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 
19 use 2273. 
the Trade Act of 1974, or any final determination of the Secretary of 
19 use 2341, 
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 
19 use I677f. 
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. 
Ante, p. 1728. 
"(4) In any civil action described in section 1581(h) of this title, the 
Court of International Trade may only order the appropriate declara-
tory relief. 
"(d) If a surety commences a civil action in the Court of Interna-
tional 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. 
28 use 2644. 
"§ 2644. Interest 
"If, in a civil action in the Court of International Trade under 
19 use 1515. 
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 
26 use 6621. 
Internal Revenue Code of 1954. Such interest shall be calculated from 
the date of the filing of the summons in such action to the date of the 
refund. 
28 use 2645. 
"§ 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 judg-
ment, 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 Customs 
and Patent Appeals within the time and in the manner provided in 
28 use 2601. 
section 2601 of this title. 
PUBLIC LAW 96-417—OCT. 10, 1980 
94 STAT. 1739 
"§ 2646. Retrial or rehearing 
28 use 2646. 
"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. 
"§ 2647. Precedence of cases 
28 use 2647. 
"The following civil actions in the Court of international Trade 
shall be given precedence, in the following order, over other civil 
actions pending before the court, and shall be assigned for hearing at 
the earliest practicable date and expedited in every way: 
"(1) First, a civil action involving the exclusion of perishable 
merchandise or the redelivery of such merchandise. 
"(2) Second, a civil action for the review of a determination 
under section 516A(a)(l)(B) (i) or (ii) of the Tariff Act of 1930. 19 use I5i6a 
"(3) Third, a civil action commenced under section 515 of the 
Tariff Act of 1930 involving the exclusion or redelivery of 19 USC 1515. 
merchandise. 
"(4) Fourth, a civil action commenced under section 516 or 
516A of the Tariff Act of 1930, other than a civil action described 
in paragraph (2) of this section.". 
19 u s e 1516, 
1516a. 
JURY TRIALS 
SEC. 302. (a) Chapter 121 of title 28, United States Code, is amended 
by adding at the end thereof the following new section: 
"§ 1876. Trial by jury in the Court of International Trade 
28 USC 1876. 
"(a) In any civil action in the Court of International Trade which is 
to be tried before a jury, the jury shall be selected in accordance with 
the provisions of this chapter and under the procedures set forth in 
the jury selection plan of the district court for the judicial district in 
which the case is to be tried. 
"(h) Whenever the Court of International Trade conducts a jury 
trial— 
"(1) the clerk of the district court for the judicial district in 
which the Court of International Trade is sitting, or an author-
ized deputy clerk, shall act as clerk of the Court of International 
Trade for the purposes of selecting and summoning the jury; 
"(2) the qualifications for jurors shall be the same as those 
established by section 1865(b) of this title for jurors in the district 28 use 1865. 
courts of the United States; 
"(3) each party shall be entitled to challenge jurors in accord-
ance with section 1870 of this title; and 
28 use 1870. 
"(4) jurors shall be compensated in accordance with section 
1871 of this title.". 
28 use I87i. 
(b) The section analysis for chapter 121 of title 28, United States 
Code, is amended by adding at the end thereof the following new 
item: 
"1876. Trial by jury in the eourt of International Trade.". 
(c) Section 1862 of title 28, United States Code, is amended by 
inserting "or in the Court of International Trade" immediately after 
"United States". 
94 STAT. 1740 
PUBLIC LAW 96-417—OCT. 10, 1980 
TITLE IV—COURT OF CUSTOMS AND PATENT APPEALS 
JURISDICTION OF THE COURT 
SEC. 401. (a)(1) Section 1541(a) of title 28, United States Code, is 
amended to read as follows: 
"(a) The Court of Customs and Patent Appeals shall have exclusive 
jurisdiction of appeals from all final decisions of the Court of 
International Trade.". 
(2) Section 1541 of title 28, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(c) The Court of Customs and Patent Appeals shall have exclusive 
jurisdiction of appeals from interlocutory orders of the Court of 
International Trade granting, continuing, modifying, refusing, or 
dissolving injunctions, or refusing to dissolve or modify injunctions.". 
(b)(1) Section 1543 of title 28, United States Code, is amended to 
read as follows: 
28 use 1543. 
«§ 1543. International Trade Commission determinations 
"The Court of Customs and Patent Appeals shall have jurisdiction 
to review the final determinations of the United States International 
19 use 1337. 
Trade Commission made under section 337 of the Tariff Act of 1930 
relating to unfair trade practices in import trade.". 
(2) The item relating to section 1543 in the section analysis of 
chapter 93 of title 28, United States Code, is amended to read as 
follows: 
"1543. International Trade Commission determinations.". 
POWERS OF THE COURT 
SEC. 402. (a) Chapter 93 of title 28, United States Code, as amended 
by section 401 of this Act, is further amended by adding at the end 
thereof the following new section: 
28 use 1546. 
"§ 1546. Powers in law and equity 
"The Court of Customs and Patent Appeals shall have all the 
powers in law and equity of, or as conferred by statute upon, a court 
of appeals of the United States.". 
Ot)) The section analysis of chapter 93 of title 28, United States Code, 
as amended by section 401 of this Act, is further amended by adding 
at the end thereof the following new item: 
"1546. Powers in law and equity.". 
COURT OF CUSTOMS AND PATENT APPEALS' 
Appeal notice. 
SEC. 403. (a) Section 2601(a) of title 28, United States Code, is 
amended by adding at the end thereof the following new sentence: "If 
a timely notice of appeal is filed by a party, any other party may file a 
notice of appeal within fourteen days after the date on which the first 
notice of appeal was filed.". 
QD) The first sentence of section 26010)) of title 28, United States 
Code, is amended— 
(1) by inserting "or cross appeal" immediately after "appeal" 
each place it appears; and 
(2) by striking out "which shall include a concise statement of 
the errors complained of. 
(c) The third sentence of section 2601(b) of title 28, United States 
Code, is amended by striking out "and the Secretary of the Treasury 
PUBLIC LAW 96-417—OCT. 10, 1980 
94 STAT. 1741 
or their designees" and inserting in lieu thereof "and any named 
official". 
(d) Section 2601(c) of title 28, United States Code, is amended by 
inserting immediately after the first sentence the following new 
sentences: "Findings of fact shall not be set aside unless clearly 
erroneous and due regard shall be given to the opportunity of the 
Court of International Trade to judge the credibility of the witnesses. 
A party may raise on appeal the question of whether the findings of 
fact are clearly erroneous, whether or not the party raising such 
question made an objection to such findings in the Court of Interna-
tional Trade or made a motion to amend such findings.". 
(e)(1) Section 2602 of title 28, United States Code, is amended to 
read as follows: 
"§ 2602. Precedence of cases 
28 USC 2602. 
"The following civil actions in the Court of Customs and Patent 
Appeals shall be given precedence, in the following order, over other 
civil actions pending before the court, and shall be assigned for 
hearing at the earliest practicable date and expedited in every way: 
"(1) First, a civil action involving the exclusion of perishable 
merchandise or the redelivery of such merchandise. 
"(2) Second, a civil action for the review of a determination 
under section 516A(a)(l)(B) (i) or (ii) of the Tariff Act of 1930. 19 USC I5l6a. 
"(3) Third, a civil action commenced under section 515 of the 
Tariff Act of 1930 involving the exclusion or redelivery of 19 use 1515. 
merchandise. 
"(4) Fourth, a civil action commenced under section 516 or 
516A of the Tariff Act of 1930, other than a civil action described 
in paragraph (2) of this section. 
"(5) Fifth, an appeal from findings of the Secretary of Com-
merce provided for in headnote 6 to schedule 8, part 4, of the 
Tariff Schedules of the United States (19 U.S.C. 1202).". 
(2) The item relating to section 2602 in the section analysis of 
chapter 167 of title 28, United States Code, is amended to read as 
follows: 
"2602. Precedence of cases.". 
19 USC 1516, 
1516a. 
RULES OF EVIDENCE 
SEC. 404. (a) Chapter 167 of title 28, United States Code, is amended 
by adding at the end thereof the following new section: 
"§2603. Rules of evidence 
"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 shall 
apply in the Court of Customs and Patent Appeals in any appeal from 
the Court of International Trade.". 
0)) The section analysis of chapter 167 of title 28, United States 
Code, is amended by adding at the end thereof the following new 
item: 
"2603. Rules of evidence.". 
28 USC 2603. 
Ante, pp. 1736, 
1737. 
28 USC app. 
JUDICIAL CONFERENCE 
SEC. 405. (a) Chapter 167 of title 28, United States Code, as amended 
by section 404 of this Act, is further amended by adding at the end 
thereof the following new section: 
94 STAT. 1742 
PUBLIC LAW 96-417—OCT. 10, 1980 
28 use 2604 
"§2604. Judicial conference 
"The chief judge of the Court of Customs and Patent Appeals is 
authorized to summon annually the judges of such court to a judicial 
conference, at a time and place that such chief judge designates, for 
the purpose of considering the business of such court and improve-
ments in the administration of 
justice in such court.". 
O
b
) The section analysis of chapter 167 of title 28, United States 
Code, as amended by section 404 of this Act, is further sunended by 
adding at the end thereof the following new item! 
"2604. Judicial conference.". 
TITLE V—TECHNICAL AND CONFORMING AMENDMENTS TO 
TITLE 28 
28 use 1. 
SEC. 501. The following provisions of title 28, United States Code, 
are amended by striking out "Customs Court" and inserting in lieu 
thereof "Court of International Trade": 
(1) The item relating to chapter 11 in the chapter anedysis of 
parti. 
(2) The chapter heading of 
chapter 11. 
(3) Section 253(a). 
(4) Section 254. 
(5) Section 255(a). 
(6) Section 257. 
(7) Section 292(e). 
(8) Section 293(c). 
(9) Section 372 (a) and 0)). 
(10) Section 451 (including that section as it will become 
effective on April 1,1984). 
(11) Section 456. 
(12) Section 569(a) (including that section as it will become 
effective on April 1,1984). 
(13) The item relating to chapter 55 in the chapter analysis of 
part III. 
(14) Section 605. 
(15) Section 610. 
(16) The chapter heading of chapter 55. 
(17) Section 871. 
(18) Section 872. 
(19) Section 873. 
(20) The item relating to chapter 95 in the chapter analysis of 
part IV. 
(21) Section 1340. 
(22) The item relating to section 1541 in the section analysis of 
chapter 93. 
(23) The section heading for section 1541. 
(24) Section 1541(b). 
(25) The item relating to chapter 169 in the chapter analysis of 
part VI. 
(26) The item relating to section 2601 in the section analysis of 
chapter 167. 
(27) The section heading for section 2601. 
(28) Section 2601 (a), (b), and (c). 
SEC. 502. Section 252 of title 28, United States Code, is amended by 
striking out "Judge of the Customs Court" and inserting in lieu 
thereof "Judges of the Court of International Trade". 
PUBLIC LAW 96-417—OCT. 10, 1980 
94 STAT. 1743 
SEC, 503. Section 518(a) of title 28, United States Code, is amended 
by inserting "and in the Court of International Trade" immediately 
after "Claims". 
SEC. 504. Section 751 of title 28, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(f) When the Court of International Trade is sitting in a judicial 
district, other than the Southern District or Eastern District of New 
York, the clerk of the district court of such judicial district or an 
authorized deputy clerk, upon the request of the chief judge of the 
Court of International Trade and with the approval of such district 
court, shall act in the district as clerk of the Court of International 
Trade, as prescribed by the rules and orders of the Court of Interna-
tional Trade for all purposes relating to the civil action then pending 
before such court.". 
SEC. 505. Section 1337 of title 28, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(c) The district courts shall not have jurisdiction under this section 
of any matter within the exclusive jurisdiction of the Court of 
International Trade under chapter 95 of this title.". 
^"^e- P- I'^^s. 
SEC. 506. Section 1352 of title 28, United States Code, is amended by 
inserting immediately before the period at the end thereof the 
following: ", except matters within the jurisdiction of the Court of 
International Trade under section 1582 of this title". 
^nte, p. 1729. 
SEC. 507. Section 1355 of title 28, United States Code, is amended by 
inserting immediately before the period at the end thereof the 
following: ", except matters within the jurisdiction of the Court of 
International Trade under section 1582 of this title". 
SEC. 508. Section 1356 of title 28, United States Code, is amended by 
inserting immediately before the period at the end thereof the 
following: ", except matters within the jurisdiction of the Court of 
International Trade under section 1582 of this title". 
SEC. 509. The second paragraph of section 1491 of title 28, United 
States Code, is amended by striking out "in suits" and inserting in 
lieu thereof "of any civil action within the exclusive jurisdiction of 
the Court of International Trade, or of any action". 
SEC. 510. Section 1919 of title 28, United States Code, is amended by 
inserting "or the Court of International Trade" immediately after 
"court" the first place it appears. 
SEC. 511. (a) Chapter 125 of title 28, United States Code, is amended 
by inserting immediately after section 1963 the following new 
section: 
"§ 1963A. Registration of judgments of the Court of International 28 USC 1963A. 
Trade 
"(a) A judgment in any civil action for the recovery of money or 
property entered by the Court of International Trade which has 
become final by appeal or expiration of time for appeal may be 
registered in any judicial district by filing a certified copy of such 
judgment. A judgment so registered shall have the same effect as a 
judgment of the district court of the district where registered and 
may be enforced in like manner. 
"03) A certified copy of the satisfaction of any judgment in whole or 
in part may be registered in like manner in any district in which the 
judgment is a lien.". 
(b) The section analysis of chapter 125 of title 28, United States 
Code, is amended by inserting immediately after the item relating to 
section 1963 the following new item: 
"1963A. Registration of judgments of the Court of International Trade.". 
79-194 
O—81—pt. 2 
30 : QL3 
94 STAT. 1744 
PUBLIC LAW 96-417—OCT. 10, 1980 
SEC. 512. The first paragraph of section 2414 of title 28, United 
States Code, is amended by inserting "or the Court of International 
Trade" immediately after "court" in the first sentence. 
TITLE VI—TECHNICAL AND CONFORMING AMENDMENTS 
TO OTHER ACTS 
SEC. 601. The following provisions of law are amended by striking 
out "Customs Court" and inserting in lieu thereof "Court of Interna-
tional Trade": 
(1) Section 6001 of title 18, United States Code. 
(2) Section 305 of the Tariff Act of 1930 (19 U.S.C. 1305). 
(3) Section 502(b) of the Tariff Act of 1930 (19 U.S.C. 1502(b)). 
(4) Section 503 of the Tariff Act of 1930 (19 U.S.C. 1503). 
(5) Section 514 (a) and (b) of the Tariff Act of 1930 (19 U.S.C. 
1514 (a) and (b)). 
(6) Section 516 (d), (e), and (f) of the Tariff Act of 1930 (19 U.S.C. 
1516 (d),(e), and (f)). 
(7) Section 516A (aX2), (c), (d), and (e) of the Tariff Act of 1930 
(19 U.S.C. 1516a (a)(2), (c), (d), and (e)). 
(8) Section 528 of the Tariff Act of 1930 (19 U.S.C. 1528). 
(9) Section 308(9) of the Ethics in Government Act (28 U.S.C. 
app.). 
26 use 7443. 
(10) Section 7443(d) of the Internal Revenue Code of 1954. 
(11) Section 906 of title 44, United States Code. 
SEC. 602. Section 103(h) of the Act of March 27,1978 (92 Stat. 170; 16 
16 use 79/. 
U.S.C. 791(h)) is amended by striking out "section 250 of the Trade Act 
of 1974 (88 Stat. 2029)" and inserting in lieu thereof "section 284 of 
Post, p. 1746. 
the Trade Act of 1974, except that such review shall be in the 
appropriate court of appeals of the United States, and the judgment 
of such court shall be subject to review by the Supreme Court of the 
United States upon certiorari or certification as provided in section 
1254 of title 28, United States Code.". 
Repeal. 
SEC. 603. The first section of the Act entitled "An Act to provide the 
name by which the Board of General Appraisers and members 
thereof shall be known" approved May 28, 1926 (19 U.S.C. 405a), is 
SEC. 6()4. Section 337(c) of the Tariff Act of 1930 (19 U.S.C. 1337(c)) is 
amended— 
(1) by inserting "for review in accordance with chapter 7 of title 
5 use 701 et seq. 
5, United States Code" immediately before the period at the end 
of the fourth sentence; and 
(2) by striking out the last sentence and inserting in lieu 
thereof the following new sentence: "Notwithstanding the fore-
going provisions of this subsection. Commission determinations 
under subsections (d), (e), and (f) with respect to its findings on 
the public health and welfare, competitive conditions in the 
United States economy, the production of like or directly compet-
itive articles in the United States, and United States consumers, 
the amount and nature of bond, or the appropriate remedy shall 
be reviewable in accordance with section 706 of title 5, United 
States Code.". 
SEC. 605. (a) Section 514(a)(4) of the Tariff Act of 1930 (19 U.S.C. 
1514(a)(4)) is amended to read as follows: 
"(4) the exclusion of merchandise from entry or delivery or a 
demand for redelivery to customs custody under any provision of 
the customs laws, except a determination appealable under 
section 337 of this Act;". 
PUBLIC LAW 96-417—OCT. 10, 1980 
94 STAT. 1745 
(b) Section 514(a) of the Tariff Act of 1930 (19 U.S.C. 1514(a)) is 
further amended by striking out "section 2632 of title 28 of the United 
States Code within the time prescribed by section 2631" and inserting 
in Heu thereof "chapter 169 of title 28 of the United States Code 
within the time prescribed by section 2636". 
SEC. 606. Section 515(b) of the Tariff Act of 1930 (19 U.S.C. 1515(b)) is 
amended by striking out "section 1582" and inserting in lieu thereof 
"section 1581". 
SEC. 607. (a) Section 516(a) of the Tariff Act of 1930 is amended— 
(1) by inserting "(1)" immediately before "The Secretary"; 
(2) by striking out "(as defined in section 771(9) (C), (D), and (E) 
of this Act)"; 
(3) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively; and 
(4) by inserting at the end thereof the following new para-
graph: 
"(2) As used in this section, the term 'interested party* means a 
person who is— 
"(A) a manufacturer, producer, or wholesaler in the United 
States; 
"(B) a certified union or recognized union or group of workers 
which is representative of an industry engaged in the manufac-
ture, production, or wholesale in the United States; or 
"(C) a trade or business association a majority of whose 
members are manufacturers, producers, or wholesalers in the 
United States, 
of goods of the same class or kind as the designated imported 
merchandise.". 
(b) Section 516(d) of the Tariff Act of 1930 (19 U.S.C. 1516(d)) is 
amended by striking out "section 2632" and inserting in lieu thereof 
"chapter 169". 
SEC. 608. (a) Section 516A(a)(l) of the Tariff Act of 1930 (19 U.S.C. 
1516a(a)(l)) is amended to read as follows: 
"(1) REVIEW OF CERTAIN DETERMINATIONS.— 
"(A) THIRTY-DAY REVIEW.—Within 30 days after the date of 
publication in the Federal Register of notice of— 
"(i) a determination by the Secretary or the adminis-
tering authority, under section 303(a)(3), 702(c), or 732(c) 
of this Act, not to initiate an investigation, 
"(ii) a determination by the administering authority 
or the Commission, under section 751(b) of this Act, not 
to review an agreement or a determination based upon 
changed circumstances, or 
"(iii) a negative determination by the Commission, 
under section 703(a) or 733(a) of this Act, as to whether 
there is reasonable indication of material injury, threat 
of material injury, or material retardation, 
an interested party who is a party to the proceeding in 
connection with which the matter arises may commence an 
action in the United States Court of International Trade by 
filing concurrently a summons and complaint, each with the 
content and in the form, manner, and style prescribed by the 
rules of that court, contesting any factual findings or legal 
conclusions upon which the determination is based. 
"(B) TEN-DAY REVIEW.—Within 10 days after the date of 
publication in the Federal Register of notice of— 
Ante, p. 1734. 
19 use 1516. 
19 use 1677. 
"Interested 
party." 
19 use 1303, 
1671a, 1673a. 
19 use 1675. 
19 use 1671b, 
1673b. 
94 STAT. 1746 
PUBLIC LAW 96-417—OCT. 10, 1980 
19 u s e 1671b, 
1673b. 
Repeal. 
19 u s e prec. 
2271 note. 
19 u s e 2395. 
"(i) a determination by the administering authority, 
under section 703(c) or 733(c) of this Act, that a case is 
extraordinarily complicated, or 
"(ii) a negative determination by the administering 
authority under section 7030t)) or 733(b) of this Act, 
an interested party who is a party to the proceeding in 
connection with which the matter arises may commence an 
action in the United States Court of International Trade by 
filing concurrently a summons and complaint, each with the 
content and in the form, manner, and style prescribed by the 
rules of that court, contesting any factual findings or legal 
conclusions upon which the determination is based.". 
(b) Section 516A(a)(3) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(3)) 
is amended by striking out "section 2632" and inserting in lieu 
thereof "chapter 169". 
(c) Section 516A(c)(2) of the Tariff Act of 1930 (19 U.S.C. 1516a(c)(2)) 
is amended by striking out the second sentence. 
(d) The second sentence of section 516A(d) of the Tariff Act of 1930 
(19 U.S.C. 1516a(d)) is amended to read as follows: "The party filing 
the action shall notify all such interested parties of the filing of an 
action under this section, in the form, manner, style, and within the 
time prescribed by rules of the court.". 
SEC. 609. Section 592(e) of the Tariff Act of 1930 (19 U.S.C. 1592(e)) is 
amended by striking out "(e) DISTRICT COURT PROCEEDINGS.—" and all 
that follows through "under this section—" and inserting in lieu 
thereof the following: 
"(e) COURT OF INTERNATIONAL TRADE PROCEEDINGS.—Notwith-
standing any other provision of law, in any proceeding commenced by 
the United States in the Court of International Trade for the recovery 
of any monetary penalty claimed under this section—". 
SEC. 610. Section 604 of the Tariff Act of 1930 (19 U.S.C. 1604) is 
amended— 
(1) by striking out "everv United States district attorney" and 
inserting in lieu thereof the Attorney General of the United 
States"; 
(2) by inserting "or the Court of International Trade" immedi-
ately after "district court"; and 
(3) by striking out "such district attorney" and inserting in lieu 
thereof "the Attorney General". 
SEC. 611. (a) The second sentence of the second paragraph of section 
641(b) of the Tariff Act of 1930 (19 U.S.C. 1641(b)) is amended by 
striking out "in the circuit court" and all that follows through 
"District of Columbia" and inserting in lieu thereof "in the Court of 
IntGm3.tiOTi3.1 1 T*?IHP 
0)) Section 641(b) of the Tariff Act of 1930 (19 U.S.C. 1641(b)) is 
amended by striking out the next to last sentence of the second 
paragraph. 
SEC. 612. Section 250 of the Trade Act of 1974 (19 U.S.C. 2322), and 
the item relating to such section in the table of contents of such Act, 
are repealed. 
SEC. 613. (a) Title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) 
is amended by redesignating section 284 as section 285 and by 
inserting immediately after section 283 the following new section: 
"SEC. 284. JUDICIAL REVIEW. 
"(a) A worker, group of workers, certified or recognized union, or 
authorized representative of such worker or group aggrieved by a 
final determination of the Secretary of Labor under section 223 of 
PUBLIC LAW 96-417—OCT. 10, 1980 
94 STAT. 1747 
this title, a firm or its representative or any other interested domestic 19 use 2273. 
party aggrieved by a final determination of the Secretary of Com-
merce under section 251 of this title, or a community or any other 19 use 2341. 
interested domestic party aggrieved by a final determination of the 
Secretary of Commerce under section 271 of this title may, within 19 use 2371. 
sixty days after notice of such determination, commence a civil action 
in the United States Court of International Trade for review of such 
determination. The clerk of such court shall send a copy of the 
summons and the complaint in such action to the Secretary of Labor 
or the Secretary of Commerce, as the case may be. Upon receiving a 
copy of such summons and complaint, such Secretary shall promptly 
certify and file in such court the record on which he based such 
determination. 
"(b) The findings of fact by the Secretary of Labor or the Secretary 
of Commerce, as the case may be, if supported by substantial 
evidence, shall be conclusive; but the court, for good cause shown, 
may remand the case to such Secretary to take further evidence, and 
such Secretary may thereupon make new or modified findings of fact 
and may modify his previous action, and shall certify to the court the 
record of the further proceedings. Such new or modified findings of 
fact shall likewise be conclusive if supported by substantial evidence. 
"(c) The Court of International Trade shall have jurisdiction to 
affirm the action of the Secretary of Labor or the Secretary of 
Commerce, as the case may be, or to set such action aside, in whole or 
in part. The judgment of the Court of International Trade shall be 
subject to review by the United States Court of Customs and Patent 
Appeals as prescribed by the rules of such court. The judgment of the 
Court of Customs and Patent Appeals shall be subject to review by 
the Supreme Court of the United States upon certiorari as provided 
in section 1256 of title 28.". 
(b) The table of contents of the Trade Act of 1974 (19 U.S.C. 2101 et 
seq.) is amended by striking out the item relating to section 284 and 
inserting in lieu thereof the following new items: 
"Sec. 284. Judicial review. 
"Sec. 285. Effective date.". 
TITLE VII—EFFECTIVE DATES AND MISCELLANEOUS 
PROVISIONS 
EFFECTIVE DATES 
SEC. 701. (a) Except as provided in subsection (h) of this section, the 28 use 251 note. 
provisions of and amendments made by this Act shall take effect on 
November 1,1980. 
Ob)(l) The following sections of title 28, United States Code, shall 
apply with respect to civil actions commenced on or after the 90th day 
after the effective date of this Act: 
(A) Sections 1582, 2639(a)(2), and 2640(a)(6), as amended by 
sections 201 and 301 of this Act. 
(B) Sections 1352,1355, and 1356, as amended by sections 506, 
507, and 508 of this Act. 
(2) Section 592(e) of the Tariff Act of 1930, as amended by section 19 use 1592. 
609 of this Act, shall apply with respect to civil actions commenced on 
or after 90th day after the effective date of this Act. 
94 STAT. 1748 
PUBLIC LAW 96-417—OCT. 10, 1980 
TREATMENT OF REFERENCES 
28 use 251 note. 
SEC. 702. Any reference in any statute or regulation of the United 
States to the United States Customs Court, the U.S. Customs Court, 
or the Customs Court shall be deemed to be a reference to the United 
States Court of International Trade. 
EFFECT ON CUSTOMS COURT JUDGES 
28 use 251 note. 
SEC. 703. (a) Except as provided in subsection (b) of this section, the 
amendments made by title I of this Act shall not affect the status of 
any individual serving as judge or chief judge of the Customs Court on 
the date of enactment of this Act. 
Ot)) The requirement that a person may not continue to serve as 
chief judge of the Court of International Trade after having reached 
the age of seventy years, as set forth in the amendment made by 
section 101 of this Act, shall apply to any individual serving as chief 
judge on or after the date of enactment of this Act. 
EFFECT ON PENDING CASES 
28 use 251 note. 
SEC. 704. Nothing in this Act shall cause the dismissal of any action 
commenced prior to the date of enactment of this Act under jurisdic-
tional statutes relating to the Customs Court or the Court of Customs 
and Patent Appeals as in effect immediately prior to such date of 
enactment. 
TVA LEGAL REPRESENTATION 
28 use 251 note. 
SEC. 705. Nothing in this Act affects the authority of the Tennessee 
16 use 831. 
Valley Authority under the Tennessee Valley Authority Act of 1933 
to represent itself by attorneys of its choosing. 
Approved October 10, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1235 accompanying H.R. 7540 (eomm. on the Judiciary). 
SENATE REPORT No. 96-466 (Comm. on the Judiciary). 
eONGRESSIONAL REOORD: 
Vol. 125 (1979): Dec. 18, considered and passed Senate. 
Vol. 126 (1980): Sept. 22, H.R. 7540 considered and passed House; passage 
vacated and S. 1654, amended, passed in lieu. 
Sept. 24, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 16, No. 42 (1980): Oct. 11, Presidential statement.