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28 U.S.C. § 2643 — Relief
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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Source location: Title 28, Chapter 169, § 2643; chapter-169-court-of-international-trade-procedure.md
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**(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 Trade may issue an order of disclosure only with respect to the information specified in such section.
(4) 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 Court of International Trade may only order the appropriate declaratory relief.
(5) In any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(9) of the Tariff Act of 1930), as determined by the administering authority, the Court of International Trade may not order declaratory relief.
**(d)** If a surety commences a civil action in the Court of International Trade, such surety shall recover only the amount of the liquidated duties, charges, or exactions paid on the entries included in such action. The excess amount of any recovery shall be paid to the importer of record.
**(e)** In any proceeding involving assessment or collection of a monetary penalty under section 641(b)(6) or 641(d)(2)(A) of the Tariff Act of 1930, the court may not render judgment in an amount greater than that sought in the initial pleading of the United States, and may render judgment in such lesser amount as shall seem proper and just to the court.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Petitions** Any entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a United States industry and has reason to believe—
(1) that—
(A) as a result of implementation of provisions of the USMCA, the industry is likely to face increased competition from subsidized imports, from a USMCA country, with which it directly competes; or
(B) the industry is likely to face increased competition from subsidized imports with which it directly competes from any other country designated by the President, following consultations with the Congress, as benefiting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force with respect to the United States after January 1, 1994; and
(2) that the industry is likely to experience a deterioration of its competitive position before more effective rules and disciplines relating to the use of government subsidies have been developed with respect to the country concerned;
may file with the Trade Representative a petition that such industry be identified under this section.
**(b) Identification of industry** Within 90 days after receipt of a petition under subsection (a), the Trade Representative, in consultation with the Secretary of Commerce, shall decide whether to identify the industry on the basis that there is a reasonable likelihood that the industry may face both the subsidization described in subsection (a)(1) and the deterioration described in subsection (a)(2).
**(c) Action after identification** At the request of an entity that is representative of an industry identified under subsection (b), the Trade Representative shall—
(1) compile and make available to the industry information under [section 2418 of this ti
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Marking of articles** Except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection (b) hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. The Secretary of the Treasury may by regulations—
(1) Determine the character of words and phrases or abbreviations thereof which shall be acceptable as indicating the country of origin and prescribe any reasonable method of marking, whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method, and a conspicuous place on the article (or container) where the marking shall appear;
(2) Require the addition of any other words or symbols which may be appropriate to prevent deception or mistake as to the origin of the article or as to the origin of any other article with which such imported article is usually combined subsequent to importation but before delivery to an ultimate purchaser; and
(3) Authorize the exception of any article from the requirements of marking if—
(A) Such article is incapable of being marked;
(B) Such article cannot be marked prior to shipment to the United States without injury;
(C) Such article cannot be marked prior to shipment to the United States, except at an expense economically prohibitive of its importation;
(D) The marking of a container of such article will reasonably indicate the origin of such article;
(E) Such article is a crude substance;
(F) Such article is imported for use by the importer and not intended for sale in its imported or any o
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** As used in this section:
(1) The term “customs broker” means any person granted a customs broker’s license by the Secretary under subsection (b).
(2) The term “customs business” means those activities involving transactions with U.S. Customs and Border Protection concerning the entry and admissibility of merchandise, its classification and valuation, the payment of duties, taxes, or other charges assessed or collected by U.S. Customs and Border Protection upon merchandise by reason of its importation, or the refund, rebate, or drawback thereof. It also includes the preparation of documents or forms in any format and the electronic transmission of documents, invoices, bills, or parts thereof, intended to be filed with U.S. Customs and Border Protection in furtherance of such activities, whether or not signed or filed by the preparer, or activities relating to such preparation, but does not include the mere electronic transmission of data received for transmission to Customs.
(3) The term “Secretary” means the Secretary of the Treasury.
**(b) Customs broker’s licenses**
(1) **In general** — No person may conduct customs business (other than solely on behalf of that person) unless that person holds a valid customs broker’s license issued by the Secretary under paragraph (2) or (3).
(2) **Licenses for individuals** — The Secretary may grant an individual a customs broker’s license only if that individual is a citizen of the United States. Before granting the license, the Secretary may require an applicant to show any facts deemed necessary to establish that the applicant is of good moral character and qualified to render valuable service to others in the conduct of customs business. In assessing the qualifications of an applicant, the Secretary may
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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
The purposes of this chapter are, through trade agreements affording mutual benefits—
(1) to foster the economic growth of and full employment in the United States and to strengthen economic relations between the United States and foreign countries through open and nondiscriminatory world trade;
(2) to harmonize, reduce, and eliminate barriers to trade on a basis which assures substantially equivalent competitive opportunities for the commerce of the United States;
(3) to establish fairness and equity in international trading relations, including reform of the General Agreement on Tariffs and Trade;
(4) to provide adequate procedures to safeguard American industry and labor against unfair or injurious import competition, and to assist industries, firm,11 So in original. workers, and communities to adjust to changes in international trade flows;
(5) to open up market opportunities for United States commerce in nonmarket economies; and
(6) to provide fair and reasonable access to products of less developed countries in the United States market.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Technical assistance** The Secretary may provide technical assistance, on such terms and conditions as the Secretary deems appropriate, for the establishment of industrywide programs for new product development, new process development, export development, or other uses consistent with the purposes of this part. Such technical assistance may be provided through existing agencies, private individuals, firms, universities and institutions, and by grants, contracts, or cooperative agreements to associations, unions, or other nonprofit industry organizations in which a substantial number of firms or workers have been certified as eligible to apply for adjustment assistance under section 2273 or 2341 of this title.
**(b) Expenditures** Expenditures for technical assistance under this section may be up to $10,000,000 annually per industry and shall be made under such terms and conditions as the Secretary deems appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional findings; directives; disavowal of prior approval of legislation** The Congress finds that barriers to (and other distortions of) international trade are reducing the growth of foreign markets for the products of United States agriculture, industry, mining, and commerce, diminishing the intended mutual benefits of reciprocal trade concessions, adversely affecting the United States economy, preventing fair and equitable access to supplies, and preventing the development of open and nondiscriminatory trade among nations. The President is urged to take all appropriate and feasible steps within his power (including the full exercise of the rights of the United States under international agreements) to harmonize, reduce, or eliminate such barriers to (and other distortions of) international trade. The President is further urged to utilize the authority granted by subsection (b) to negotiate trade agreements with other countries and instrumentalities providing on a basis of mutuality for the harmonization, reduction, or elimination of such barriers to (and other distortions of) international trade. Nothing in this subsection shall be construed as prior approval of any legislation which may be necessary to implement an agreement concerning barriers to (or other distortions of) international trade.
**(b) Presidential determinations prerequisite to entry into trade agreements; trade with Israel**
(1) Whenever the President determines that any barriers to (or other distortions of) international trade of any foreign country or the United States unduly burden and restrict the foreign trade of the United States or adversely affect the United States economy, or that the imposition of such barriers is likely to result in such a burden, restriction, or effect, and
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Federal law — U.S. Code and appendices · legal_authorities
Page 635
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2643
thereon by laboratories or agencies of the
United States or laboratories accredited by the
Customs Service under section 499(b) of the Tar-
iff Act of 1930.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980,
94 Stat. 1737; amended Pub. L. 103–182, title VI,
§ 684(a)(5), Dec. 8, 1993, 107 Stat. 2219.)
Editorial Notes
REFERENCES IN TEXT
Section 499(b) of the Tariff Act of 1930, referred to in
text, is classified to section 1499(b) of Title 19, Customs
Duties.
PRIOR PROVISIONS
A prior section 2642, act May 24, 1949, ch. 139, § 123, 63
Stat. 106, authorized the Customs Court under its rules
and in its discretion to permit the amendment of pro-
tests, appeals and pleadings, prior to repeal by Pub. L.
91–271, title I, § 121, June 2, 1970, 84 Stat. 281. See section
2633(b) of this title.
AMENDMENTS
1993—Pub. L. 103–182 inserted before period at end ‘‘or
laboratories accredited by the Customs Service under
section 499(b) of the Tariff Act of 1930’’.
Statutory Notes and Related Subsidiaries
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, t
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