Browse Arkansas Code titles and sections

19 U.S.C. § 2397 — Judicial review

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2397 — Judicial review

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2397

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 492c86a122a6a021199993b06916fd8727689aed077cad5d587d40ecbbc3a817. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_216d67da262fb71a1670b024
Source file: Laws/federal/codes/united-states-code/title-19/section-2397-judicial-review--e3a599273e.md
Pages: Not recorded – Not recorded
Passage SHA-256: f1866a9efa3a1ff5e8c558afc3e890b86de508ff9fdd0dbe9e47e99b8645dfb7

Source location: Title 19, Chapter 12, § 2397; chapter-012-trade-act-of-1974.md

Stored source content

**(a) Petition for review; time and place of filing** 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 2273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273&num=0&edition=prelim), a firm or its representative or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under [section 2341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2341&num=0&edition=prelim), an agricultural commodity producer (as defined in [section 2401(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401/2&num=0&edition=prelim)) aggrieved by a determination of the Secretary of Agriculture under [section 2401b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401b&num=0&edition=prelim), or a community or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 2371 11 See References in Text note below. of this title may, within 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, the Secretary of Commerce, or the Secretary of Agriculture, 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) Findings of fact by Secretary; conclusiveness; new or modified findings** The findings of fact by the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, 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) Determination; review by Supreme Court** The Court of International Trade shall have jurisdiction to affirm the action of the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, 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 Appeals for the Federal Circuit as prescribed by the rules of such court. The judgment of the Court of Appeals for the Federal Circuit shall be subject to review by the Supreme Court of the United States upon certiorari as provided in section 1256 1 of title 28.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2401 — Omitted

### Statutory Notes #### Codification Section, Pub. L. 93–618, title II, § 287, as added Pub. L. 100–418, title I, § 1428(b), Aug. 23, 1988, 102 Stat. 1255, which imposed an additional fee, did not become effective pursuant to section 1430(b) of Pub. L. 100–418, set out below. #### Effective Date Pub. L. 100–418, title I, § 1430, Aug. 23, 1988, 102 Stat. 1256, as amended by Pub. L. 100–647, title IX, § 9001(a)(21), Nov. 10, 1988, 102 Stat. 3808, provided that: “(a) In General.—Except as otherwise provided by this section, the amendments made by this part [part 3 (§§ 1421–1430) of subtitle D of title I of Pub. L. 100–418, enacting this section and sections 2318 and 2396 of this title, amending sections 2272, 2275, 2291 to 2293, 2295, 2296, 2311, 2317, 2341, and 2346 of this title, and amending provisions set out as a note preceding [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim)] shall take effect on the date of enactment of this Act [Aug. 23, 1988]. “(b) Additional Fee.—“(1) Except as otherwise provided in this subsection, the amendment made by section 1428(b) [enacting this section] shall apply (if at all) to any article entered, or withdrawn from warehouse for consumption, after the date that is 30 days after the earlier of—“(A) the date on which the President submits to the Congress the written statement described in section 1428(a)(3)(A) [set out as a note below], “(B) the date that is 2 years after the date of enactment of this Act [Aug. 23, 1988], or “(C) the date of the enactment of a disapproval resolution that passes both Houses of the Congress within the 90-day period beginning on the date that is 2 years after the date of enactment of this Act. “(2) If the President determin

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2401

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2341 — Omitted

### Statutory Notes #### Codification Section, Pub. L. 93–618, title II, § 249B, as added Pub. L. 111–5, div. B, title I, § 1854(a), Feb. 17, 2009, 123 Stat. 392; as added and amended Pub. L. 112–40, title II, §§ 201(b), (c), 216(b)(1), (3), Oct. 21, 2011, 125 Stat. 403, 407, 409; as added and amended Pub. L. 114–27, title IV, §§ 402(b), (c), 404(b), June 29, 2015, 129 Stat. 374, 376, was omitted in view of the reversion of this part, effective July 1, 2021, to provisions in effect on Jan. 1, 2014, by section 406 of Pub. L. 114–27, set out as a note preceding [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim). Prior to omission, section 2323 read as follows: “§ 2323. Collection and publication of data and reports; information to workers “(a) In General.—Not later than 180 days after February 17, 2009, the Secretary shall implement a system to collect and report the data described in subsection (b), as well as any other information that the Secretary considers appropriate to effectively carry out this part. “(b) Data to Be Included.—The system required under subsection (a) shall include collection of and reporting on the following data for each fiscal year:“(1) Data on petitions filed, certified, and denied.—“(A) The number of petitions filed, certified, and denied under this part. “(B) The number of workers covered by petitions filed, certified, and denied. “(C) The number of petitions, classified by—“(i) the basis for certification, including increased imports, shifts in production, and other bases of eligibility; and “(ii) congressional district of the United States. “(D) The average time for processing such petitions. “(2) Data on benefits received.—“(A) The number of workers receiving

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2341

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2273 — Petitions

**(a) Filing of petitions; assistance; publication of notice** (1) A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this part may be filed simultaneously with the Secretary and with the Governor of the State in which such workers’ firm or subdivision is located by any of the following: (A) The group of workers (including workers in an agricultural firm or subdivision of any agricultural firm). (B) The certified or recognized union or other duly authorized representative of such workers. (C) Employers of such workers, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 ([29 U.S.C. 2801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2801&num=0&edition=prelim))),11 See References in Text note below. including State employment security agencies, or the State dislocated worker unit established under title I of such Act,1 on behalf of such workers. (2) Upon receipt of a petition filed under paragraph (1), the Governor shall— (A) ensure that rapid response assistance and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 ([29 U.S.C. 2864](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2864&num=0&edition=prelim))) 1 authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and (B) assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request. (3) Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2273

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2271 — Monitoring, modification, and termination of action

**(a) Monitoring** (1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition. (2) If the initial period during which the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect. (3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard. (4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration. **(b) Reduction, modification, and termination of action** (1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prel

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2271

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 251 — Appointment and number of judges; offices

**(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. **(b)** The offices of the Court of International Trade shall be located in New York, New York.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 251

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2331 — Repealed. Pub. L. 107–210, div. A, title I, §123(b)(2), Aug. 6, 2002, 116 Stat. 944

### Statutory Notes Section, Pub. L. 93–618, title II, § 249A, as added Pub. L. 103–182, title V, § 503(c), Dec. 8, 1993, 107 Stat. 2151, prohibited assistance relating to a separation pursuant to certifications under both subparts A and D of this part. #### Prior Provisions A prior section 2322, Pub. L. 93–618, title II, § 250, Jan. 3, 1975, 88 Stat. 2029, provided for judicial review for workers or groups aggrieved by a final determination by the Secretary under [section 2273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273&num=0&edition=prelim), prior to repeal by Pub. L. 96–417, title VI, § 612, title VII, § 701(a), Oct. 10, 1980, 94 Stat. 1746, 1747, effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date. See [section 2395 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2395&num=0&edition=prelim). #### Effective Date of Repeal Repeal applicable with respect to petitions filed under this part on or after the date that is 90 days after Aug. 6, 2002, except with respect to certain workers, see section 123(c) of Pub. L. 107–210, set out as a note under [section 2331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2331&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2331

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2401b — Definitions

In this part: (1) **Agricultural commodity** — The term “agricultural commodity” means any agricultural commodity (including livestock) in its raw or natural state. (2) **Agricultural commodity producer** — The term “agricultural commodity producer” has the same meaning as the term “person” as prescribed by regulations promulgated under [section 1308(e) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1308/e&num=0&edition=prelim) (before the amendment made by section 1703(a) 11 See References in Text note below. of the Food, Conservation, and Energy Act of 2008). (3) **Contributed importantly** (A) *In general* — The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause. (B) *Determination of contributed importantly* — The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which a petition under this part was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary. (4) **Duly authorized representative** — The term “duly authorized representative” means an association of agricultural commodity producers. (5) **National average price** — The term “national average price” means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary. (6) **Secretary** — The term “Secretary” means the Secretary of Agriculture.

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2401b

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 171 — Appointment and number of judges; character of court; designation of chief judge

**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States. **(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until 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 for the balance of the term to which appointed.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 171

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2371 — Assistance to industries

**(a) Technical assistance** The Secretary may provide technical assistance, on such terms and conditions as the Secretary deems appropriate, for the establishment of industrywide programs for new product development, new process development, export development, or other uses consistent with the purposes of this part. Such technical assistance may be provided through existing agencies, private individuals, firms, universities and institutions, and by grants, contracts, or cooperative agreements to associations, unions, or other nonprofit industry organizations in which a substantial number of firms or workers have been certified as eligible to apply for adjustment assistance under section 2273 or 2341 of this title. **(b) Expenditures** Expenditures for technical assistance under this section may be up to $10,000,000 annually per industry and shall be made under such terms and conditions as the Secretary deems appropriate.

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2371

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2274 — Group eligibility requirements

**(a) In general** A group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to a petition filed under [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim) if the Secretary determines that— (1) a significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; and (2) (A) (i) the sales or production, or both, of such firm or subdivision have decreased absolutely; (ii) imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and (iii) the increase in imports described in clause (ii) contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or (B) (i) there has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and (ii) (I) the country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States; (II) the country to which the workers’ firm has shifted production of the articles is a beneficiary country under the Andean Trade Preference Act [[19 U.S.C. 3201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3201&num=0&edition=prelim) et seq.], African Growth and Opportunity Ac

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2274

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.