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28 U.S.C. § 2641 — Witnesses; inspection of documents
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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2641-witnesses-inspection-of-documents--fad3b940d2.md
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Source location: Title 28, Chapter 169, § 2641; chapter-169-court-of-international-trade-procedure.md
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**(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.
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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) Definitions** In this section:
(1) **Administering authority** — The term “administering authority” has the meaning given that term in [section 1677(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/1&num=0&edition=prelim).
(2) **Commissioner** — The term “Commissioner” means the Commissioner of U.S. Customs and Border Protection.
(3) **Covered merchandise** — The term “covered merchandise” means merchandise that is subject to—
(A) an antidumping duty order issued under [section 1673e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673e&num=0&edition=prelim); or
(B) a countervailing duty order issued under [section 1671e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e&num=0&edition=prelim).
(4) **Enter; entry** — The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, of merchandise into the customs territory of the United States.
(5) **Evasion**
(A) *In general* — Except as provided in subparagraph (B), the term “evasion” refers to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise.
(B) *Exception for clerical error*
(i) *In general* — Except as provided in clause (ii), the term “evasion” does not include entering covered merchandise into the customs territory of the United States by m
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1517
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2637
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Federal law — U.S. Code and appendices · legal_authorities
Page 634
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2641
mination of the Secretary of Labor under sec-
tion 223 of the Trade Act of 1974 or any final de-
termination of the Secretary of Commerce
under section 251 or section 271 of such Act, the
court shall review the matter as specified in sec-
tion 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.
(e) In any civil action not specified in this sec-
tion, the Court of International Trade shall re-
view the matter as provided in section 706 of
title 5.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980,
94 Stat. 1736; amended Pub. L. 98–573, title II,
§ 212(b)(5), Oct. 30, 1984, 98 Stat. 2984; Pub. L.
103–182, title VI, § 684(a)(4), Dec. 8, 1993, 107 Stat.
2219.)
Editorial Notes
REFERENCES IN TEXT
Section 515 of the Tariff Act of 1930, referred to in
subsec. (a)(1), is classified to section 1515 of Title 19,
Customs Duties.
Section 516 of the Tariff Act of 1930, referred to in
subsec. (a)(2), is classified to section 1516 of Title 19.
Section 305(b)(1) of the Trade Agreements Act of 1979,
referred to in subsec. (a)(3), is classified to section
2515(b)(1) of Title 19.
Section 777(c)(2) of the Tariff Act of 1930, referred to
in subsec. (a)(4), is classified to section 1677f(c)(2) of
Title 19.
Section 641 of the Tariff Act of 1930, referred to in
subsec. (a)(5), is classified to section 1641 of Title 19.
Section 516A of the Tariff Act of 1930, referred to in
subsec. (b), is classified to section 1516a of Title 19.
Sections 223, 251, 271, and 284 of the T
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2641
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