28 U.S.C. § 1585 — Powers in law and equity

Page 421 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1602 1 So in original. Does not conform to section catchline. TERMINATION OF SECTION For termination of section by section 501(c) of Pub. L. 100–449, see Effective and Termination Dates note below. Editorial Notes REFERENCES IN TEXT Section 777(f) of the Tariff Act of 1930, referred to in text, is classified to section 1677f(f) of Title 19, Customs Duties. PRIOR PROVISIONS A prior section 1584, added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, 94 Stat. 1729, provided that if a civil action within the exclusive jurisdiction of the Court of International Trade was commenced in a district court of the United States, the district court, in the interest of justice, was to transfer such civil action to the Court of International Trade, where such action would pro- ceed as if it had been commenced in the Court of Inter- national Trade in the first instance, and that if a civil action within the exclusive jurisdiction of a district court, a court of appeals, or the Court of Customs and Patent Appeals was commenced in the Court of Inter- national Trade, the Court of International Trade, in the interest of justice, would transfer such civil action to the appropriate district court or court of appeals or to the Court of Customs and Patent Appeals where such action was to proceed as if it had been commenced in such court in the first instance, prior to repeal by Pub. L. 97–164, title I, § 135, Apr. 2, 1982, 96 Stat. 41, effective Oct. 1, 1982. AMENDMENTS 2020—Pub. L. 116–113 substituted ‘‘Civil actions under the United States-Canada Free-Trade Agreement or the USMCA’’ for ‘‘Civil actions under the North American Free Trade Agreement or the United States-Canada Free-Trade Agreement’’ in section catchline. 1993—Pub. L. 103–182 amended section catchline gen- erally, inserting ‘‘the North American Free Trade Agreement or’’, and in text substituted ‘‘section 777(f)’’ for ‘‘section 777(d)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under sec- tion 1516a of Title 19, Customs Duties, or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of Title 19. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of Title 19, Customs Duties, notice of which is published in the Federal Register before such date, or to a determina- tion described in section 1516a(a)(2)(B)(vi) of Title 19, notice of which is received by the Government of Can- ada or Mexico before such date, or to any binational panel review under the United States-Canada Free- Trade Agreement, or to any extraordinary challenge arising out of any such review that was commenced be- fore such date, see section 416 of Pub. L. 103–182, for- merly set out as an Effective Date note under former section 3431 of Title 19. EFFECTIVE AND TERMINATION DATES Section effective on date United States-Canada Free- Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties. EFFECT OF TERMINATION OF USMCA COUNTRY STATUS For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of Title 19, Customs Duties. § 1585. Powers in law and equity The Court of International Trade shall possess all the powers in law and equity of, or as con- ferred by statute upon, a district court of the United States. (Added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, 94 Stat. 1730.) CHAPTER 97—JURISDICTIONAL IMMUNITIES OF FOREIGN STATES Sec. 1602. Findings and declaration of purpose. 1603. Definitions. 1604. Immunity of a foreign state from jurisdic- tion. 1605. General exceptions to the jurisdictional im- munity of a foreign state. 1605A. Terrorism exception to the jurisdictional im- munity of a foreign state. 1605B. Responsibility of foreign states for inter- national terrorism against the United States. 1606. Extent of liability. 1607. Counterclaims. 1608. Service; time to answer default.1 1609. Immunity from attachment and execution of property of a foreign state. 1610. Exceptions to the immunity from attachment or execution. 1611. Certain types of property immune from exe- cution. Editorial Notes AMENDMENTS 2016—Pub. L. 114–222, § 3(b)(1), Sept. 28, 2016, 130 Stat. 853, added item 1605B. 2008—Pub. L. 110–181, div. A, title X, § 1083(a)(2), Jan. 28, 2008, 122 Stat. 341, added item 1605A. § 1602. Findings and declaration of purpose The Congress finds that the determination by United States courts of the claims of foreign states to immunity from the jurisdiction of such courts would serve the interests of justice and would protect the rights of both foreign states and litigants in United States courts. Under international law, states are not immune from the jurisdiction of foreign courts insofar as their commercial activities are concerned, and their commercial property may be levied upon for the satisfaction of judgments rendered against them in connection with their commercial activities. Claims of foreign states to immunity should henceforth be decided by courts of the United States and of the States in conformity with the principles set forth in this chapter. (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2892.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 94–583, § 8, Oct. 21, 1976, 90 Stat. 2898, provided that: ‘‘This Act [enacting this chapter and section 1330