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28 U.S.C. § 2646 — Retrial or rehearing
Federal law — U.S. Code and appendices · legal_authorities
After the Court of International Trade has rendered a judgment or order, the court may, upon the motion of a party or upon its own motion, grant a retrial or rehearing, as the case may be. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment or order.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2646-retrial-or-rehearing--548f90d822.md
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Source location: Title 28, Chapter 169, § 2646; chapter-169-court-of-international-trade-procedure.md
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After the Court of International Trade has rendered a judgment or order, the court may, upon the motion of a party or upon its own motion, grant a retrial or rehearing, as the case may be. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment or order.
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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
**(a)** A final decision of the Court of International Trade in a contested civil action or a decision granting or refusing a preliminary injunction shall be supported by—
(1) a statement of findings of fact and conclusions of law; or
(2) an opinion stating the reasons and facts upon which the decision is based.
**(b)** After the Court of International Trade has rendered a judgment, the court may, upon the motion of a party or upon its own motion, amend its findings or make additional findings and may amend the decision and judgment accordingly. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment.
**(c)** A decision of the Court of International Trade is final and conclusive, unless a retrial or rehearing is granted pursuant to [section 2646 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2646&num=0&edition=prelim) or an appeal is taken to the Court of Appeals for the Federal Circuit by filing a notice of appeal with the clerk of the Court of International Trade within the time and in the manner prescribed for appeals to United States courts of appeals from the United States district courts.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2645
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Federal law — U.S. Code and appendices · legal_authorities
Page 637
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
[§ 2647
a notice of appeal with the clerk of the Court of Inter-
national Trade within the time and in the manner pre-
scribed for appeals to United States courts of appeals
from the United States district courts’’ for ‘‘is taken to
the Court of Customs and Patent Appeals within the
time and in the manner provided in section 2601 of this
title’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–164 effective Oct. 1, 1982,
see section 402 of Pub. L. 97–164, set out as a note under
section 171 of this title.
§ 2646. Retrial or rehearing
After the Court of International Trade has
rendered a judgment or order, the court may,
upon the motion of a party or upon its own mo-
tion, grant a retrial or rehearing, as the case
may be. A motion of a party or the court shall
be made not later than thirty days after the
date of entry of the judgment or order.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980,
94 Stat. 1739.)
[§ 2647. Repealed. Pub. L. 98–620, title IV,
§ 402(29)(G), Nov. 8, 1984, 98 Stat. 3359]
Section, added Pub. L. 96–417, title III, § 301, Oct. 10,
1980, 94 Stat. 1739; amended Pub. L. 98–573, title VI,
§ 623(b)(2), Oct. 30, 1984, 98 Stat. 3041, related to prece-
dence of cases.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal not applicable to cases pending on Nov. 8, 1984,
see section 403 of Pub. L. 98–620, set out as an Effective
Date note under section 1657 of this title.
CHAPTER 171—TORT CLAIMS PROCEDURE
Sec.
2671.
Definitions.
2672.
Administrative adjustment of claims.
2673.
Reports to Congress.
2674.
Liability of United States.
2675.
Disposition by federal agency as prerequisite;
evidence.
2676.
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2646
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