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28 U.S.C. § 2639 — Burden of proof; evidence of value
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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2639-burden-of-proof-evidence-of-value--777a1eed68.md
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Source location: Title 28, Chapter 169, § 2639; chapter-169-court-of-international-trade-procedure.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
The Court of International Trade shall have exclusive jurisdiction of any civil action which arises out of an import transaction and which is commenced by the United States—
(1) to recover a civil penalty under section 592, 593A, 641(b)(6), 641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff Act of 1930;
(2) to recover upon a bond relating to the importation of merchandise required by the laws of the United States or by the Secretary of the Treasury; or
(3) to recover customs duties.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1582
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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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2646
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Entry examination**
(1) **In general** — Imported merchandise that is required by law or regulation to be inspected, examined, or appraised shall not be delivered from customs custody (except under such bond or other security as may be prescribed by the Secretary to assure compliance with all applicable laws, regulations, and instructions which the Secretary or the Customs Service is authorized to enforce) until the merchandise has been inspected, appraised, or examined and is reported by the Customs Service to have been truly and correctly invoiced and found to comply with the requirements of the laws of the United States.
(2) **Examination** — The Customs Service—
(A) shall designate the packages or quantities of merchandise covered by any invoice or entry which are to be opened and examined for the purpose of appraisement or otherwise;
(B) shall order such packages or quantities to be sent to such place as is designated by the Secretary by regulation for such purpose;
(C) may require such additional packages or quantities as the Secretary considers necessary for such purpose; and
(D) shall inspect a sufficient number of shipments, and shall examine a sufficient number of entries, to ensure compliance with the laws enforced by the Customs Service.
(3) **Unspecified articles** — If any package contains any article not specified in the invoice or entry and, in the opinion of the Customs Service, the article was omitted from the invoice or entry—
(A) with fraudulent intent on the part of the seller, shipper, owner, agent, importer of record, or entry filer, the contents of the entire package in which such article is found shall be subject to seizure; or
(B) without fraudulent intent, the value of the article shall be added to the entry and the
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1499
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any action commenced in the Court of International Trade contesting the denial of a protest under section 515 of the Tariff Act of 1930 or the denial of a petition under section 516 of such Act, the Customs Service, as prescribed by the rules of the court, shall file with the clerk of the court, as part of the official record, any document, paper, information or data relating to the entry of merchandise and the administrative determination that is the subject of the protest or petition.
**(b)**
(1) In any civil action commenced in the Court of International Trade under section 516A of the Tariff Act of 1930, within forty days or within such other period of time as the court may specify, after the date of service of a complaint on the administering authority established to administer title VII of the Tariff Act of 1930 or the United States International Trade Commission, the administering authority or the Commission shall transmit to the clerk of the court the record of such action, as prescribed by the rules of the court. The record shall, unless otherwise stipulated by the parties, consist of—
(A) a copy of all information presented to or obtained by the administering authority or the Commission during the course of the administrative proceedings, including all governmental memoranda pertaining to the case and the record of ex parte meetings required to be maintained by section 777(a)(3) of the Tariff Act of 1930; and
(B)
(i) a copy of the determination and the facts and conclusions of law upon which such determination was based, (ii) all transcripts or records of conferences or hearings, and (iii) all notices published in the Federal Register.
(2) The administering authority or the Commission shall identify and transmit under seal to the clerk
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2635
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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 633
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2640
Section 516 of the Tariff Act of 1930, referred to in
subsec. (b), is classified to section 1516 of Title 19.
PRIOR PROVISIONS
A prior section 2637, acts June 25, 1948, ch. 646, 62
Stat. 982; June 2, 1970, Pub. L. 91–271, title I, § 118, 84
Stat. 280; July 26, 1979, Pub. L. 96–39, title X,
§ 1001(b)(4)(E), 93 Stat. 306, related to witnesses and in-
spection of documents, prior to the general revision of
this chapter by Pub. L. 96–417. See section 2641 of this
title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Subsec. (c) of this section applicable with respect to
civil actions commenced on or after Nov. 1, 1980, see
section 701(b)(1)(B) of Pub. L. 96–417, set out as an Effec-
tive Date of 1980 Amendment note under section 251 of
this title.
§ 2638. New grounds in support of a civil action
In any civil action under section 515 of the
Tariff Act of 1930 in which the denial, in whole
or in part, of a protest is a precondition to the
commencement of a civil action in the Court of
International Trade, the court, by rule, may
consider any new ground in support of the civil
action if such new ground—
(1) applies to the same merchandise that was
the subject of the protest; and
(2) is related to the same administrative de-
cision listed in section 514 of the Tariff Act of
1930 that was contested in the protest.
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980,
94 Stat. 1736.)
Editorial Notes
REFERENCES IN TEXT
Section 515 of the Tariff Act of 1930, referred to in
text, is classified to section 1515 of Title 19, Customs
Duties.
Section 514 of the Tariff Act of 1930, referred to in
par. (2), is classified to section 1514 of Title 19.
PRIOR PROVISIONS
A prior section 2638,
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2639
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