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28 U.S.C. § 2637 — Exhaustion of administrative remedies
Federal law — U.S. Code and appendices · legal_authorities
**(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 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 exactions 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 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.
**(c)** A 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) may be commenced in the Court of International Trade prior to the exhaustion 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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2637-exhaustion-of-administrative-remedies--0cd9e810ae.md
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Source location: Title 28, Chapter 169, § 2637; chapter-169-court-of-international-trade-procedure.md
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**(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 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 exactions 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 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.
**(c)** A 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) may be commenced in the Court of International Trade prior to the exhaustion 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administrative review and modification of decisions** Unless a request for an accelerated disposition of a protest is filed in accordance with subsection (b) of this section the appropriate customs officer, within two years from the date a protest was filed in accordance with [section 1514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1514&num=0&edition=prelim), shall review the protest and shall allow or deny such protest in whole or in part. Thereafter, any duties, charge, or exaction found to have been assessed or collected in excess shall be remitted or refunded and any drawback found due shall be paid. Upon the request of the protesting party, filed within the time allowed for the filing of a protest under [section 1514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1514&num=0&edition=prelim), a protest may be subject to further review by another appropriate customs officer, under the circumstances and in the form and manner that may be prescribed by the Secretary in regulations, but subject to the two-year limitation prescribed in the first sentence of this subsection. Within 30 days from the date an application for further review is filed, the appropriate customs officer shall allow or deny the application and, if allowed, the protest shall be forwarded to the customs officer who will be conducting the further review. Notice of the denial of any protest shall be mailed in the form and manner prescribed by the Secretary. Such notice shall include a statement of the reasons for the denial, as well as a statement informing the protesting party of his right to file a civil action contesting the denial of a protest under [section 1514 of this title](https://uscode.house.gov/
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1515
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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) 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
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2639&num=0&edition=prelim), subsection (b) of this section, or the rules of the court, the Federal Rules of Evidence 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2641
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Federal law — U.S. Code and appendices · legal_authorities
Page 632
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2637
Section 516 of the Tariff Act of 1930, referred to in
subsec. (b), is classified to section 1516 of Title 19.
Section 516A of the Tariff Act of 1930, referred to in
subsec. (c), is classified to section 1516a of Title 19.
Sections 223 and 251 of the Trade Act of 1974, referred
to in subsec. (d), are classified to sections 2273 and 2341,
respectively, of Title 19, Customs Duties.
Section 271 of the Trade Act of 1974, referred to in
subsec. (d), means section 271 of Pub. L. 93–618, title II,
Jan. 3, 1975, 88 Stat. 2035, which related to petitions and
determinations for trade adjustment assistance for
communities and was classified to section 2371 of Title
19, Customs Duties, prior to being omitted from the
Code as terminated Sept. 30, 1982, and later being omit-
ted in the general revision of part 4 of subchapter II of
chapter 12 of Title 19 by Pub. L. 111–5.
Section 305(b)(1) of the Trade Agreements Act of 1979,
referred to in subsec. (e), is classified to section
2515(b)(1) of Title 19.
Section 777(c)(2) of the Tariff Act of 1930, referred to
in subsec. (f), is classified to section 1677f(c)(2) of Title
19.
Section 641 of the Tariff Act of 1930, referred to in
subsec. (g), is classified to section 1641 of Title 19.
Section 499(b) of the Tariff Act of 1930, referred to in
subsec. (h), is classified to section 1499(b) of Title 19.
PRIOR PROVISIONS
A prior section 2636, acts June 25, 1948, ch. 646, 62
Stat. 981; June 2, 1970, Pub. L. 91–271, title I, § 117, 84
Stat. 280, related to analysis of imported merchandise,
prior to the general revision of this chapter by Pub. L.
96–417. See section 2642 of this title.
AMENDMENTS
1993—Subsecs. (h), (i). Pub. L. 103–182 added subsec.
(h) and r
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2637
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