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28 U.S.C. § 1582 — Civil actions commenced by the United States
Federal law — U.S. Code and appendices · legal_authorities
The Court 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 penalty under section 592, 593A, 641(b)(6), 641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff Act of 1930;
(2) to recover upon a bond relating to the importation of merchandise required by the laws of the United States or by the Secretary of the Treasury; or
(3) to recover customs duties.
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Stable record: federal_law:legal_authorities:record_usc_2ec9abf3467a68f823e94015
Source file: Laws/federal/codes/united-states-code/title-28/section-1582-civil-actions-commenced-by-the-united-states--778ad5e70f.md
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Source location: Title 28, Chapter 95, § 1582; chapter-095-court-of-international-trade.md
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The Court 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 penalty under section 592, 593A, 641(b)(6), 641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff Act of 1930;
(2) to recover upon a bond relating to the importation of merchandise required by the laws of the United States or by the Secretary of the Treasury; or
(3) to recover customs duties.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Marking of articles** Except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection (b) hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. The Secretary of the Treasury may by regulations—
(1) Determine the character of words and phrases or abbreviations thereof which shall be acceptable as indicating the country of origin and prescribe any reasonable method of marking, whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method, and a conspicuous place on the article (or container) where the marking shall appear;
(2) Require the addition of any other words or symbols which may be appropriate to prevent deception or mistake as to the origin of the article or as to the origin of any other article with which such imported article is usually combined subsequent to importation but before delivery to an ultimate purchaser; and
(3) Authorize the exception of any article from the requirements of marking if—
(A) Such article is incapable of being marked;
(B) Such article cannot be marked prior to shipment to the United States without injury;
(C) Such article cannot be marked prior to shipment to the United States, except at an expense economically prohibitive of its importation;
(D) The marking of a container of such article will reasonably indicate the origin of such article;
(E) Such article is a crude substance;
(F) Such article is imported for use by the importer and not intended for sale in its imported or any o
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1304
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
A liquidation made in accordance with section 1500 or 1504 of this title or any reliquidation thereof made in accordance with this section may be reliquidated in any respect by U.S. Customs and Border Protection, notwithstanding the filing of a protest, within ninety days from the date of the original liquidation. Notice of such reliquidation shall be given or transmitted in the manner prescribed with respect to original liquidations under [section 1500(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1500/e&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1501
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Federal law — U.S. Code and appendices · legal_authorities
The district courts shall have original jurisdiction, concurrent with State courts, of any action on a bond executed under any law of the United States, except matters within the jurisdiction of the Court of International Trade under [section 1582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1582&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1352
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The district courts shall have original jurisdiction, exclusive of the courts of the States, of any action or proceeding for the recovery or enforcement of any fine, penalty, or forfeiture, pecuniary or otherwise, incurred under any Act of Congress, except matters within the jurisdiction of the Court of International Trade under [section 1582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1582&num=0&edition=prelim).
**(b)**
(1) A forfeiture action or proceeding may be brought in—
(A) the district court for the district in which any of the acts or omissions giving rise to the forfeiture occurred, or
(B) any other district where venue for the forfeiture action or proceeding is specifically provided for in [section 1395 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1395&num=0&edition=prelim) or any other statute.
(2) Whenever property subject to forfeiture under the laws of the United States is located in a foreign country, or has been detained or seized pursuant to legal process or competent authority of a foreign government, an action or proceeding for forfeiture may be brought as provided in paragraph (1), or in the United States District court 11 So in original. Probably should be capitalized. for the District of Columbia.
**(c)** In any case in which a final order disposing of property in a civil forfeiture action or proceeding is appealed, removal of the property by the prevailing party shall not deprive the court of jurisdiction. Upon motion of the appealing party, the district court or the court of appeals shall issue any order necessary to preserve the right of the appealing party to the full value of the property at issue, including a stay of the judgment of
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1355
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Federal law — U.S. Code and appendices · legal_authorities
The district courts shall have original jurisdiction, exclusive of the courts of the States, of any seizure under any law of the United States on land or upon waters not within admiralty and maritime jurisdiction, except matters within the jurisdiction of the Court of International Trade under [section 1582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1582&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1356
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1582&num=0&edition=prelim).
**(b)** In any civil action described in [section 1581(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1581/h&num=0&edition=prelim), the person commencing the action shall have the burden of making the demonstration required by such section by clear and convincing evidence.
**(c)** Where the value of merchandise or any of its components is in issue in any civil action in the Court of International Trade—
(1) reports or depositions of consuls, customs officers, and other officers of the United States, and depositions and affidavits of other persons whose attendance cannot reasonably be had, may be admitted into evidence when served upon the opposing party as prescribed by the rules of the court; and
(2) price lists and catalogs may be admitted in evidence when duly authenticated, relevant, and material.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2639
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Court of International Trade shall make its determinations upon the basis of the record made before the court in the following categories of civil actions:
(1) Civil actions contesting the denial of a protest under section 515 of the Tariff Act of 1930.
(2) Civil actions commenced under section 516 of the Tariff Act of 1930.
(3) Civil actions commenced to review a final determination made under section 305(b)(1) of the Trade Agreements Act of 1979.
(4) Civil actions commenced under section 777(c)(2) of the Tariff Act of 1930.
(5) Civil actions commenced to review any decision of the Secretary of the Treasury under section 641 of the Tariff Act of 1930, with the exception of decisions under section 641(d)(2)(B), which shall be governed by subdivision (d) of this section.
(6) Civil actions commenced under [section 1582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1582&num=0&edition=prelim).
**(b)** In any civil action commenced in the Court of International Trade under section 516A of the Tariff Act of 1930, the court shall review the matter as specified in subsection (b) of such section.
**(c)** In any civil action commenced in the Court of International Trade to review any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 or any final determination of the Secretary of Commerce under section 251 or section 271 of such Act, the court shall review the matter as specified in section 284 of such Act.
**(d)** In any civil action commenced to review any order or decision of the Customs Service under section 499(b) of the Tariff Act of 1930, the court shall review the action on the basis of the record before the Customs Service at the time of issuing such decision or order.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2640
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Federal law — U.S. Code and appendices · legal_authorities
Page 420
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1582
L. 98–573, set out as a note under section 1304 of Title
19, Customs Duties.
EFFECTIVE DATE
Chapter effective Nov. 1, 1980, and applicable with re-
spect to civil actions pending on or commenced on or
after such date, see section 701(a) of Pub. L. 96–417, set
out as an Effective Date of 1980 Amendment note under
section 251 of this title.
Subsecs. (d) and (g) to (i) of this section applicable
with respect to civil actions commenced on or after
Nov. 1, 1980, see section 701(b)(1)(A) of Pub. L. 96–417.
APPLICATION OF 1993 AMENDMENT
Pub. L. 103–182, title VI, § 684(b), Dec. 8, 1993, 107 Stat
2219, which provided a rule regarding the application of
the amendments made by section 684(a) of Pub. L.
103–182 to accreditations of private laboratories, was re-
pealed by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134
Stat. 78, effective on the date the USMCA entered into
force (July 1, 2020).
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and li-
abilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Sec-
retary of Homeland Security, and for treatment of re-
lated 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 Novem-
ber 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 Se-
curity, treated as if included in Pub. L. 107–296 as of
Nov. 25, 2002, see section 211 of Title 6, as amended gen-
erally by Pub. L. 114–125, and section 802(b) of Pub. L.
114–125, set out as
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1582
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