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28 U.S.C. § 2632 — Commencement of a civil action
Federal law — U.S. Code and appendices · legal_authorities
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. 1
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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.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Entry examination**
(1) **In general** — Imported merchandise that is required by law or regulation to be inspected, examined, or appraised shall not be delivered from customs custody (except under such bond or other security as may be prescribed by the Secretary to assure compliance with all applicable laws, regulations, and instructions which the Secretary or the Customs Service is authorized to enforce) until the merchandise has been inspected, appraised, or examined and is reported by the Customs Service to have been truly and correctly invoiced and found to comply with the requirements of the laws of the United States.
(2) **Examination** — The Customs Service—
(A) shall designate the packages or quantities of merchandise covered by any invoice or entry which are to be opened and examined for the purpose of appraisement or otherwise;
(B) shall order such packages or quantities to be sent to such place as is designated by the Secretary by regulation for such purpose;
(C) may require such additional packages or quantities as the Secretary considers necessary for such purpose; and
(D) shall inspect a sufficient number of shipments, and shall examine a sufficient number of entries, to ensure compliance with the laws enforced by the Customs Service.
(3) **Unspecified articles** — If any package contains any article not specified in the invoice or entry and, in the opinion of the Customs Service, the article was omitted from the invoice or entry—
(A) with fraudulent intent on the part of the seller, shipper, owner, agent, importer of record, or entry filer, the contents of the entire package in which such article is found shall be subject to seizure; or
(B) without fraudulent intent, the value of the article shall be added to the entry and the
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1499
Stored review status: release_metadata_unconfirmed. The source passage cites 19 U.S.C. § 1499. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 196
TITLE 19—CUSTOMS DUTIES
§ 1499
‘‘the Tariff Schedules of the United States’’ in closing
provisions, added subpars. (A) to (C), and struck out
former subpars. (A) to (C) which read as follows:
‘‘(A) schedule 3,
‘‘(B) parts 1, 4A, 7B, 12A, 12D, and 13B of schedule 7,
and
‘‘(C) parts 2 and 3 of the Appendix,’’.
1984—Subsec.
(a)(1).
Pub.
L.
98–573
substituted
‘‘$1,250’’ for ‘‘$250’’ and inserted provision that this
paragraph does not apply to articles valued in excess of
$250 classified in schedule 3, parts 1, 4A, 7B, 12A, 12D,
and 13B of schedule 7, and parts 2 and 3 of the Appendix,
of the Tariff Schedules, or to any other article for
which formal entry is required without regard to value.
1980—Subsec. (a). Pub. L. 96–609 added par. (2) and re-
designated former pars. (2) to (11) as (3) to (12), respec-
tively.
1953—Subsec. (a)(1). Act Aug. 8, 1953, § 16(d), increased
valuation figure with respect to informal entries from
$100 to $250, and inserted provisions with respect to pos-
sible variation for different classes or kinds of mer-
chandise and different classes of transactions.
Subsec. (a)(11). Act Aug. 8, 1953, § 16(e), substituted
‘‘paragraph 1631 of section 1201 of this title’’ for ‘‘sec-
tions 472 to 574 of this title’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–418 effective Jan. 1, 1989,
and applicable with respect to articles entered on or
after such date, see section 1217(b)(1) of Pub. L. 100–418,
set out as an Effective Date note under section 3001 of
this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–573 effective on 15th day
after Oct. 30, 1984, see section 214(a), (b) of Pub. L.
98–573, set out as a note under section 1304 of this title.
EF
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1499
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 1499. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except for civil actions specified in subsections (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 Tariff Act of 1930 shall be commenced by filing with the clerk of the court a summons, with the content and in the form, manner, and style prescribed 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 prescribe 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 receipt requested shall be deemed filed as of the date of mailing.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2632
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