28 U.S.C. § 2634 — Notice

Page 629 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2634 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amend- ed, set out as a note under section 1671 of Title 19. EFFECTIVE DATE Chapter effective Nov. 1, 1980, unless otherwise pro- vided, and applicable with respect to civil actions pend- ing on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as an Effective Date of 1980 Amendment note under section 251 of this title. Subsecs. (d) and (g) to (j) 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. 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, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 2632. Commencement of a civil action (a) Except for civil actions specified in sub- sections (b) and (c) of this section, a civil action in the Court of International Trade shall be commenced by filing concurrently with the clerk of the court a summons and complaint, with the content and in the form, manner, and style prescribed by the rules of the court. (b) A civil action in the Court of International Trade under section 515 or section 516 of the Tar- iff Act of 1930 shall be commenced by filing with the clerk of the court a summons, with the con- tent and in the form, manner, and style pre- scribed by the rules of the court. (c) A civil action in the Court of International Trade under section 516A of the Tariff Act of 1930 shall be commenced by filing with the clerk of the court a summons or a summons and a complaint, as prescribed in such section, with the content and in the form, manner, and style prescribed by the rules of the court. (d) The Court of International Trade may pre- scribe by rule that any summons, pleading, or other paper mailed by registered or certified mail properly addressed to the clerk of the court with the proper postage affixed and return re- ceipt requested shall be deemed filed as of the date of mailing. (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1732.) Editorial Notes REFERENCES IN TEXT Sections 515 and 516 of the Tariff Act of 1930, referred to in subsec. (b), are classified to sections 1515 and 1516, respectively, of Title 19, Customs Duties. Section 516A of the Tariff Act of 1930, referred to in subsec. (c), is classified to section 1516a of Title 19. PRIOR PROVISIONS A prior section 2632, acts June 25, 1948, ch. 646, 62 Stat. 980; June 2, 1970, Pub. L. 91–271, title I, § 113, 84 Stat. 279; Jan. 3, 1975, Pub. L. 93–618, title III, § 321(f)(3), 88 Stat. 2048; July 26, 1979, Pub. L. 96–39, title X, § 1001(b)(4)(C), 93 Stat. 306, related to Customs Court procedure and fees, prior to the general revision of this chapter by Pub. L. 96–417. See section 2633 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsec. (a) 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. § 2633. Procedure and fees (a) A filing fee shall be payable to the clerk of the Court of International Trade upon the com- mencement of a civil action in such court. The amount of the fee shall be prescribed by the rules of the court, but shall be not less than $5 nor more than the filing fee for commencing a civil action in a district court of the United States. The court may fix all other fees to be charged by the clerk of the court. (b) The Court of International Trade shall pre- scribe rules governing the summons, pleadings, and other papers, for their amendment, service, and filing, for consolidations, severances, sus- pensions of cases, and for other procedural mat- ters. (c) All summons, pleadings, and other papers filed in the Court of International Trade shall be served on all parties in accordance with rules prescribed by the court. When the United States, its agencies, or its officers are adverse parties, service of the summons shall be made upon the Attorney General and the head of the Govern- ment agency whose action is being contested. When injunctive relief is sought, the summons, pleadings, and other papers shall also be served upon the named officials sought to be enjoined. (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1732.) Editorial Notes PRIOR PROVISIONS A prior section 2633, acts June 25, 1948, ch. 646, 62 Stat. 980; June 2, 1970, Pub. L. 91–271, title I, § 114, 84 Stat. 279; July 26, 1979, Pub. L. 96–39, title X, § 1001(b)(4)(D), 93 Stat. 306, related to precedence of cases, prior to the general revision of this chapter by Pub. L. 96–417. See section 2647 of this title. § 2634. Notice Reasonable notice of the time and place of trial or hearing before the Court of Inter- national Trade shall be given to all parties to any civil action, as prescribed by the rules of the court. Page 630 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2635 (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1733.) Editorial Notes PRIOR PROVISIONS A prior section 2634, acts June 25, 1948, ch. 646, 62 Stat. 981; June 2, 1970, Pub. L. 91–271, title I, § 115, 84 Stat. 280, related to notice, prior to the general revi- sion of this chapter by Pub. L. 96–417. See section 2634 of this title. § 2635. Filing of official documents (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 administra- tive 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 com- plaint on the administering authority estab- lished 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 ad- ministrative proceedings, including all gov- ernmental 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 Com- mission shall identify and transmit under seal to the clerk of the court any document, com- ment, or information that is accorded confiden- tial or privileged status by the Government agency whose action is being contested and that is required to be transmitted to the clerk under paragraph (1) of this subsection. Any such docu- ment, comment, or information shall be accom- panied by a nonconfidential description of the nature of the material being transmitted. The confidential or privileged status of such mate- rial shall be preserved in the civil action, but the court may examine the confidential or privi- leged material in camera and may make such material available under such terms and condi- tions as the court may order. (c) Within fifteen days, or within such other period of time as the Court of International Trade may specify, after service of a summons and complaint in a civil action involving an ap- plication for an order directing the admin- istering authority or the International Trade Commission to make confidential information available under section 777(c)(2) of the Tariff Act of 1930, the administering authority or the Com- mission shall transmit under seal to the clerk of the Court of International Trade, as prescribed by its rules, the confidential information in- volved, together with pertinent parts of the record. Such information shall be accompanied by a nonconfidential description of the nature of the information being transmitted. The con- fidential status of such information shall be pre- served in the civil action, but the court may ex- amine the confidential information in camera and may make such information available under a protective order consistent with section 777(c)(2) of the Tariff Act of 1930. (d)(1) In any other civil action in the Court of International Trade in which judicial review is to proceed upon the basis of the record made be- fore an agency, the agency shall, within forty days or within such other period of time as the court may specify, after the date of service of the summons and complaint upon the agency, transmit to the clerk of the court, as prescribed by its rules— (A) a copy of the contested determination and the findings or report upon which such de- termination was based; (B) a copy of any reported hearings or con- ferences conducted by the agency; and (C) any documents, comments, or other pa- pers filed by the public, interested parties, or governments with respect to the agency’s ac- tion. (2) The agency shall identify and transmit under seal to the clerk of the court any docu- ment, comment, or other information that was obtained on a confidential basis and that is re- quired to be transmitted to the clerk under paragraph (1) of this subsection. Any such docu- ment, comment, or information shall include a nonconfidential description of the nature of the material being transmitted. The confidential or privileged status of such material shall be pre- served in the civil action, but the court may ex- amine such material in camera and may make such material available under such terms and conditions as the court may order. (3) The parties may stipulate that fewer docu- ments, comments, or other information than those specified in paragraph (1) of this sub- section shall be transmitted to the clerk of the court. (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1733; amended Pub. L. 103–182, title VI, § 684(d), Dec. 8, 1993, 107 Stat. 2219.) Editorial Notes REFERENCES IN TEXT The Tariff Act of 1930, referred to in subsecs. (a), (b)(1), and (c), is act June 17, 1930, ch. 497, 46 Stat. 590. Title VII of the Tariff Act of 1930 is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of Title 19, Customs Duties. Sections 515, 516, 516A, and 777 of the Tariff Act of 1930 are classified to sections 1515, 1516, 1516a, and 1677f, respectively, of Title 19. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables.