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28 U.S.C. § 1583 — Counterclaims, cross-claims, and third-party actions
Federal law — U.S. Code and appendices · legal_authorities
In any civil action in the Court of International Trade, the court shall have exclusive jurisdiction to render judgment upon any counterclaim, 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.
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Source location: Title 28, Chapter 95, § 1583; chapter-095-court-of-international-trade.md
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In any civil action in the Court of International Trade, the court shall have exclusive jurisdiction to render judgment upon any counterclaim, 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.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Court of International Trade may enter a money judgment—
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1583&num=0&edition=prelim).
**(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 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), (4), and (5) 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 the Trade Act of 1974, or any final determination of the Secretary of 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 section 777(c)(2) of the Tariff Act of 1930, the Court of International Tr
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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
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