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28 U.S.C. § 2632 — Commencement of a civil action

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

28 U.S.C. § 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.

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Stable record: federal_law:legal_authorities:record_usc_3966188c09295ab859445bf8
Source file: Laws/federal/codes/united-states-code/title-28/section-2632-commencement-of-a-civil-action--3155422810.md
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Source location: Title 28, Chapter 169, § 2632; chapter-169-court-of-international-trade-procedure.md

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**(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.

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

28 U.S.C. § 2633 — Procedure and fees

**(a)** A filing fee shall be payable to the clerk of the Court of International Trade upon the commencement of a civil action in such court. The amount of the fee shall be prescribed by the rules of the court, but shall be not less than $5 nor more than the filing fee for commencing a civil action in a district court of the United States. The court may fix all other fees to be charged by the clerk of the court. **(b)** The Court of International Trade shall prescribe rules governing the summons, pleadings, and other papers, for their amendment, service, and filing, for consolidations, severances, suspensions of cases, and for other procedural matters. **(c)** All summons, pleadings, and other papers filed in the Court of International Trade shall be served on all parties in accordance with rules prescribed by the court. When the United States, its agencies, or its officers are adverse parties, service of the summons shall be made upon the Attorney General and the head of the Government agency whose action is being contested. When injunctive relief is sought, the summons, pleadings, and other papers shall also be served upon the named officials sought to be enjoined.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2633

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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.

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

19 U.S.C. § 1516a — Judicial review in countervailing duty and antidumping duty proceedings

**(a) Review of determination** (1) **Review of certain determinations** — Within 30 days after the date of publication in the Federal Register of— (A) a determination by the administering authority, under 1671a(c) 11 So in original. Probably should be preceded by “section”. or 1673a(c) of this title, not to initiate an investigation, (B) a determination by the Commission, under [section 1675(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/b&num=0&edition=prelim), not to review a determination based upon changed circumstances, (C) a negative determination by the Commission, under section 1671b(a) or 1673b(a) of this title, as to whether there is reasonable indication of material injury, threat of material injury, or material retardation, or (D) a final determination by the administering authority or the Commission under [section 1675(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/c/3&num=0&edition=prelim), 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. (2) **Review of determinations on record** (A) *In general* — Within thirty days after— (i) the date of publication in the Federal Register of— (I) notice of any determination described in clause (ii), (iii), (iv), (v), or (viii) of subparagraph (B), (II) an antidumping or countervailing duty order based upon any determination de

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1516a

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

19 U.S.C. § 1514 — Protest against decisions of Customs Service

**(a) Finality of decisions; return of papers** Except as provided in subsection (b) of this section, [section 1501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1501&num=0&edition=prelim) (relating to voluntary reliquidations), [section 1516 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1516&num=0&edition=prelim) (relating to petitions by domestic interested parties), [section 1520 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1520&num=0&edition=prelim) (relating to refunds), and [section 6501 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6501&num=0&edition=prelim) (but only with respect to taxes imposed under chapters 51 and 52 of such title), any clerical error, mistake of fact, or other inadvertence, whether or not resulting from or contained in an electronic transmission, adverse to the importer, in any entry, liquidation, or reliquidation, and, decisions of the Customs Service, including the legality of all orders and findings entering into the same, as to— (1) the appraised value of merchandise; (2) the classification and rate and amount of duties chargeable; (3) all charges or exactions of whatever character within the jurisdiction of the Secretary of the Treasury; (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 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1337&num=0&edition=prelim); (5) the liquidation or reliquidation of an entry, or reconciliation as to the issues contained therein, or an

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1514

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

19 U.S.C. § 1516 — Petitions by domestic interested parties

**(a) Request for classification and rate of duty; petition** (1) The Secretary shall, upon written request by an interested party furnish the classification and the rate of duty imposed upon designated imported merchandise of a class or kind manufactured, produced, or sold at wholesale by such interested party. If the interested party believes that the appraised value, the classification, or rate of duty is not correct, it may file a petition with the Secretary setting forth— (A) a description of the merchandise, (B) the appraised value, the classification, or the rate of duty that it believes proper, and (C) the reasons for its belief. (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 manufacture, 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. Such term includes an association, a majority of whose members is composed of persons described in subparagraph (A), (B), or (C). (3) Any producer of a raw agricultural product who is considered under [section 1677(4)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/4/E&num=0&edition=prelim) to be part of the industry producing a processed agricultural product of the same class or kind as the designated imported merchandise shall, for purposes of this section, be treated as an interested party producing such processed agricultural product. **(

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1516

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

19 U.S.C. § 1520 — Refunds and errors

**(a) Cases in which refunds authorized** The Secretary of the Treasury is authorized to refund duties or other receipts in the following cases: (1) **Excess deposits.—** — Whenever it is ascertained on liquidation or reliquidation of an entry or reconciliation that more money has been deposited or paid as duties than was required by law to be so deposited or paid. (2) **Fees, charges, and exactions.—** — Whenever it is determined in the manner required by law that any fees, charges, or exactions, other than duties and taxes, have been erroneously or excessively collected. (3) **Fines, penalties, and forfeitures.—** — Whenever money has been deposited in the Treasury on account of a fine, penalty, or forfeiture which did not accrue, or which is finally determined to have accrued in an amount less than that so deposited, or which is mitigated to an amount less than that so deposited or is remitted. (4) **Prior to liquidation.—** — Prior to the liquidation of an entry or reconciliation, whenever an importer of record declares or it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid. **(b) Authorization of appropriations** The necessary moneys to make such refunds are authorized to be appropriated annually from the general fund of the Treasury. **(c) Repealed. Pub. L. 108–429, title II, § 2105, Dec. 3, 2004, 118 Stat. 2598** **(d) Goods qualifying under free trade agreement rules of origin** Notwithstanding the fact that a valid protest was not filed, the Customs Service may, in accordance with regulations prescribed by the Secretary, reliquidate an entry to refund any excess duties (including any merchandise processing fees) paid on a good qualifying under the rules of origin set out in section 202 of the United States-Chile

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1520

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

28 U.S.C. § 2632 — Commencement of a civil action

Page 629 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2634 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amend- ed, set out as a note under section 1671 of Title 19. EFFECTIVE DATE Chapter effective Nov. 1, 1980, unless otherwise pro- vided, and applicable with respect to civil actions pend- ing on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as an Effective Date of 1980 Amendment note under section 251 of this title. Subsecs. (d) and (g) to (j) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(B) of Pub. L. 96–417. APPLICATION OF 1993 AMENDMENT For purposes of applying amendment by Pub. L. 103–182, any decision or order of Customs Service deny- ing, suspending, or revoking accreditation of a private laboratory on or after Dec. 8, 1993, and before regula- tions to implement 19 U.S.C. 1499(b) are issued to be treated as having been denied, suspended, or revoked under such section 1499(b), see section 684(b) of Pub. L. 103–182, formerly set out as a note under section 1581 of this title. 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. 1

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2632

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