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28 U.S.C. § 2640 — Scope and standard of review

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2640 — Scope and standard of review

**(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.

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Source file: Laws/federal/codes/united-states-code/title-28/section-2640-scope-and-standard-of-review--1b5acb1dd1.md
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Source location: Title 28, Chapter 169, § 2640; chapter-169-court-of-international-trade-procedure.md

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1304 — Marking of imported articles and containers

**(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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28 U.S.C. § 1582 — Civil actions commenced by the United States

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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1581 — Civil actions against the United States and agencies and officers thereof

**(a)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to contest the denial of a protest, in whole or in part, under section 515 of the Tariff Act of 1930. **(b)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516 of the Tariff Act of 1930. **(c)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516A or 517 of the Tariff Act of 1930. **(d)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review— (1) any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 with respect to the eligibility of workers for adjustment assistance under such Act; (2) any final determination of the Secretary of Commerce under section 251 of the Trade Act of 1974 with respect to the eligibility of a firm for adjustment assistance under such Act; (3) any final determination of the Secretary of Commerce under section 273 11 See References in Text note below. of the Trade Act of 1974 with respect to the eligibility of a community for adjustment assistance under such Act; and (4) any final determination of the Secretary of Agriculture under section 293 or 296 of the Trade Act of 1974 ([19 U.S.C. 2401b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401b&num=0&edition=prelim)) 1 with respect to the eligibility of a group of agricultural commodity producers for adjustment assistance under such Act. **(e)** The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review any final determination of the Secretary of the Treasury under section 305(b)(1) of the Trad

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1515 — Review of protests

**(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/

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1641 — Customs brokers

**(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

28 U.S.C. § 251 — Appointment and number of judges; offices

**(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

28 U.S.C. § 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 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

5 U.S.C. § 706 — Scope of review

To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall— (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1516a — Judicial review in countervailing duty and antidumping duty proceedings

**(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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