28 U.S.C. § 2643 — Relief

Page 635 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2643 thereon by laboratories or agencies of the United States or laboratories accredited by the Customs Service under section 499(b) of the Tar- iff Act of 1930. (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1737; amended Pub. L. 103–182, title VI, § 684(a)(5), Dec. 8, 1993, 107 Stat. 2219.) Editorial Notes REFERENCES IN TEXT Section 499(b) of the Tariff Act of 1930, referred to in text, is classified to section 1499(b) of Title 19, Customs Duties. PRIOR PROVISIONS A prior section 2642, act May 24, 1949, ch. 139, § 123, 63 Stat. 106, authorized the Customs Court under its rules and in its discretion to permit the amendment of pro- tests, appeals and pleadings, prior to repeal by Pub. L. 91–271, title I, § 121, June 2, 1970, 84 Stat. 281. See section 2633(b) of this title. AMENDMENTS 1993—Pub. L. 103–182 inserted before period at end ‘‘or laboratories accredited by the Customs Service under section 499(b) of the Tariff Act of 1930’’. Statutory Notes and Related Subsidiaries 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. § 2643. Relief (a) The Court of International Trade may enter a money judgment— (1) for or against the United States in any civil action commenced under section 1581 or 1582 of this title; and (2) for or against the United States or any other party in any counterclaim, cross-claim, or third-party action under section 1583 of this title. (b) If the Court of International Trade is un- able to determine the correct decision on the basis of the evidence presented in any civil ac- tion, the court may order a retrial or rehearing for all purposes, or may order such further ad- ministrative or adjudicative procedures as the court considers necessary to enable it to reach the correct decision. (c)(1) Except as provided in paragraphs (2), (3), (4), and (5) of this subsection, the Court of Inter- national Trade may, in addition to the orders specified in subsections (a) and (b) of this sec- tion, order any other form of relief that is ap- propriate in a civil action, including, but not limited to, declaratory judgments, orders of re- mand, injunctions, and writs of mandamus and prohibition. (2) The Court of International Trade may not grant an injunction or issue a writ of mandamus in any civil action commenced 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 Com- merce under section 251 or section 271 of such Act. (3) In any civil action involving an application for the issuance of 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 Court of International Trade may issue an order of disclosure only with respect to the information specified in such section. (4) In any civil action described in section 1581(h) of this title, the Court of International Trade may only order the appropriate declara- tory relief. (5) In any civil action involving an anti- dumping or countervailing duty proceeding re- garding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(9) of the Tariff Act of 1930), as deter- mined by the administering authority, the Court of International Trade may not order de- claratory relief. (d) If a surety commences a civil action in the Court of International Trade, such surety shall recover only the amount of the liquidated du- ties, charges, or exactions paid on the entries in- cluded in such action. The excess amount of any recovery shall be paid to the importer of record. (e) In any proceeding involving assessment or collection of a monetary penalty under section 641(b)(6) or 641(d)(2)(A) of the Tariff Act of 1930, the court may not render judgment in an amount greater than that sought in the initial pleading of the United States, and may render judgment in such lesser amount as shall seem proper and just to the court. (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1737; amended Pub. L. 98–573, title II, § 212(b)(6), Oct. 30, 1984, 98 Stat. 2984; Pub. L. 100–449, title IV, § 402(b), Sept. 28, 1988, 102 Stat. 1884; Pub. L. 103–182, title IV, § 414(b), Dec. 8, 1993, 107 Stat. 2147; Pub. L. 116–113, title IV, § 423(b), Jan. 29, 2020, 134 Stat. 66.) AMENDMENT OF SECTION For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Ter- mination Dates of 1988 Amendment note below. Editorial Notes REFERENCES IN TEXT Sections 223, 251, and 271 of the Trade Act of 1974, re- ferred to in subsec. (c)(2), are classified to sections 2273, Page 636 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2644 2341, and 2371, respectively, of Title 19, Customs Duties. Section 2371 of Title 19 was omitted from the Code as terminated Sept. 30, 1982. Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (c)(3), is classified to section 1677f(c)(2) of Title 19. Section 516A(f)(9) of the Tariff Act of 1930, referred to in subsec. (c)(5), is classified to section 1516a(f)(9) of Title 19. Section 641 of the Tariff Act of 1930, referred to in subsec. (e), is classified to section 1641 of Title 19. AMENDMENTS 2020—Subsec. (c)(5). Pub. L. 116–113 substituted ‘‘sec- tion 516A(f)(9)’’ for ‘‘section 516A(f)(10)’’. 1993—Subsec. (c)(5). Pub. L. 103–182 substituted ‘‘mer- chandise of a free trade area country (as defined in sec- tion 516A(f)(10) of the Tariff Act of 1930)’’ for ‘‘Canadian merchandise’’. 1988—Subsec. (c). Pub. L. 100–449 temporarily sub- stituted ‘‘(4), and (5)’’ for ‘‘and (4)’’ in par. (1) and added par. (5). See Effective and Termination Dates of 1988 Amendment note below. 1984—Subsec. (e). Pub. L. 98–573 added subsec. (e). 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 OF 1988 AMENDMENT Amendment by Pub. L. 100–449 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. 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) and (c)(2), (4) 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. 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. § 2644. Interest If, in a civil action in the Court of Inter- national Trade under section 515 of the Tariff Act of 1930, the plaintiff obtains monetary relief by a judgment or under a stipulation agreement, interest shall be allowed at an annual rate es- tablished under section 6621 of the Internal Rev- enue Code of 1986. Such interest shall be cal- culated from the date of the filing of the sum- mons in such action to the date of the refund. (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1738; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) 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 6621 of the Internal Revenue Code of 1986, re- ferred to in text, is classified to section 6621 of Title 26, Internal Revenue Code. AMENDMENTS 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to civil actions com- menced 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. § 2645. Decisions (a) A final decision of the Court of Inter- national Trade in a contested civil action or a decision granting or refusing a preliminary in- junction shall be supported by— (1) a statement of findings of fact and con- clusions of law; or (2) an opinion stating the reasons and facts upon which the decision is based. (b) After the Court of International Trade has rendered a judgment, the court may, upon the motion of a party or upon its own motion, amend its findings or make additional findings and may amend the decision and judgment ac- cordingly. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment. (c) A decision of the Court of International Trade is final and conclusive, unless a retrial or rehearing is granted pursuant to section 2646 of this title or an appeal is taken to the Court of Appeals for the Federal Circuit by filing a notice of appeal with the clerk of the Court of Inter- national Trade within the time and in the man- ner prescribed for appeals to United States courts of appeals from the United States district courts. (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1738; amended Pub. L. 97–164, title I, § 141, Apr. 2, 1982, 96 Stat. 45.) Editorial Notes AMENDMENTS 1982—Subsec. (c). Pub. L. 97–164 substituted ‘‘is taken to the Court of Appeals for the Federal Circuit by filing