28 U.S.C. § 2641 — Witnesses; inspection of documents

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 Trade Act of 1974, referred to in subsec. (c), are classified to sections 2273, 2341, 2371, and 2395, respectively, of Title 19, Customs Duties. Section 2371 of Title 19 was omitted from the Code as terminated Sept. 30, 1982. Section 499(b) of the Tariff Act of 1930, referred to in subsec. (d), is classified to section 1499(b) of Title 19. PRIOR PROVISIONS A prior section 2640, act June 25, 1948, ch. 646, 62 Stat. 982, authorized the division which had decided a case or the single judge who had decided an appeal for a reap- praisement to grant a rehearing or retrial, prior to re- peal by Pub. L. 91–271, title I, § 121, June 2, 1970, 84 Stat. 281. See section 2646 of this title. AMENDMENTS 1993—Subsecs. (d), (e). Pub. L. 103–182 added subsec. (d) and redesignated former subsec. (d) as (e). 1984—Subsec. (a)(5). Pub. L. 98–573 amended par. (5) generally, substituting ‘‘under section 641 of the Tariff Act of 1930, with the exception of decisions under sec- tion 641(d)(2)(B), which shall be governed by subdivision (d) of this section’’ for ‘‘to deny or revoke a custom- house broker’s license under section 641(a) of the Tariff Act of 1930’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective on close of 180th day after Oct. 30, 1984, see section 214(d) of Pub. L. 98–573, set out as a note under section 1304 of Title 19, Customs Duties. EFFECTIVE DATE Subsecs. (a)(5), (c), and (d) 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 Effective Date of 1980 Amendment note under section 251 of this title. Subsec. (a)(6) of this section applicable with respect to civil actions commenced on or after the 90th day after Nov. 1, 1980, see section 701(c)(1)(A) 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. § 2641. Witnesses; inspection of documents (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, 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 fi- nancial information which is privileged and con- fidential, or any information provided to the United States by any foreign government or for- eign person, may be disclosed to a party, its counsel, or any other person under such terms and conditions as the court may order. (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1737.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subsec. (a), are set out in the Appendix to this title. PRIOR PROVISIONS A prior section 2641, act June 25, 1948, ch. 646, 62 Stat. 982, authorized the Customs Court to assess a penalty of not less than $5 nor more than $250 against any per- son filing a frivolous protest or appeal, prior to repeal by Pub. L. 91–271, title I, § 121, June 2, 1970, 84 Stat. 281. § 2642. Analysis of imported merchandise The Court of International Trade may order an analysis of imported merchandise and reports