§ 1581. — Civil actions against the United States and agencies and officers thereof.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1581]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 95--COURT OF INTERNATIONAL TRADE
Sec. 1581. Civil actions against the United States and agencies
and officers thereof
(a) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced to contest the denial of a
protest, in whole or in part, under section 515 of the Tariff Act of
1930.
(b) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced under section 516 of the
Tariff Act of 1930.
(c) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced under section 516A of the
Tariff Act of 1930.
(d) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced to review--
(1) any final determination of the Secretary of Labor under
section 223 of the Trade Act of 1974 with respect to the eligibility
of workers for adjustment assistance under such Act;
(2) any final determination of the Secretary of Commerce under
section 251 of the Trade Act of 1974 with respect to the eligibility
of a firm for adjustment assistance under such Act; and
(3) any final determination of the Secretary of Commerce under
section 271 of the Trade Act of 1974 with respect to the eligibility
of a community for adjustment assistance under such Act.
(e) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced to review any final
determination of the Secretary of the Treasury under section 305(b)(1)
of the Trade Agreements Act of 1979.
(f) The Court of International Trade shall have exclusive
jurisdiction of any civil action involving an application for an order
directing the administering authority or the International Trade
Commission to make confidential information available under section
777(c)(2) of the Tariff Act of 1930.
(g) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced to review--
(1) any decision of the Secretary of the Treasury to deny a
customs broker's license under section 641(b)(2) or (3) of the
Tariff Act of 1930, or to deny a customs broker's permit under
section 641(c)(1) of such Act, or to revoke a license or permit
under section 641(b)(5) or (c)(2) of such Act;
(2) any decision of the Secretary of the Treasury to revoke or
suspend a customs broker's license or permit, or impose a monetary
penalty in lieu thereof, under section 641(d)(2)(B) of the Tariff
Act of 1930; and
(3) any decision or order of the Customs Service to deny,
suspend, or revoke accreditation of a private laboratory under
section 499(b) of the Tariff Act of 1930.
(h) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced to review, prior to the
importation of the goods involved, a ruling issued by the Secretary of
the Treasury, or a refusal to issue or change such a ruling, relating to
classification, valuation, rate of duty, marking, restricted
merchandise, entry requirements, drawbacks, vessel repairs, or similar
matters, but only if the party commencing the civil action demonstrates
to the court that he would be irreparably harmed unless given an
opportunity to obtain judicial review prior to such importation.
(i) In addition to the jurisdiction conferred upon the Court of
International Trade by subsections (a)-(h) of this section and subject
to the exception set forth in subsection (j) of this section, the Court
of International Trade shall have exclusive jurisdiction of any civil
action commenced against the United States, its agencies, or its
officers, that arises out of any law of the United States providing
for--
(1) revenue from imports or tonnage;
(2) tariffs, duties, fees, or other taxes on the importation of
merchandise for reasons other than the raising of revenue;
(3) embargoes or other quantitative restrictions on the
importation of merchandise for reasons other than the protection of
the public health or safety; or
(4) administration and enforcement with respect to the matters
referred to in paragraphs (1)-(3) of this subsection and subsections
(a)-(h) of this section.
This subsection shall not confer jurisdiction over an antidumping or
countervailing duty determination which is reviewable either by the
Court of International Trade under section 516A(a) of the Tariff Act of
1930 or by a binational panel under article 1904 of the North American
Free Trade Agreement or the United States-Canada Free-Trade Agreement
and section 516A(g) of the Tariff Act of 1930.
(j) The Court of International Trade shall not have jurisdiction of
any civil action arising under section 305 of the Tariff Act of 1930.
(Added Pub. L. 96-417, title II, Sec. 201, Oct. 10, 1980, 94 Stat. 1728;
amended Pub. L. 98-573, title II, Sec. 212(b)(1), Oct. 30, 1984, 98
Stat. 2983; Pub. L. 99-514, title XVIII, Sec. 1891(1), Oct. 22, 1986,
100 Stat. 2926; Pub. L. 100-449, title IV, Sec. 402(a), Sept. 28, 1988,
102 Stat. 1883; Pub. L. 103-182, title IV, Sec. 414(a)(1), title VI,
Sec. 684(a)(1), Dec. 8, 1993, 107 Stat. 2147, 2219.)
Prior History of Court
The United States Customs Court, the predecessor of the Court of
International Trade, was omitted in the general revision of this chapter
by Pub. L. 96-417.
The predecessor of the United States Customs Court was the Board of
General Appraisers which was created by the Customs Administrative Act
of June 10, 1890. The Board was under the administrative supervision of
the Secretary of the Treasury.
From 1890 to 1926, the Board of General Appraisers had jurisdiction
over all protests from decisions of the collectors of customs and
appeals for reappraisement under sections 13 and 14 of the Customs
Administrative Act of June 10, 1890, ch. 407, 26 Stat. 136.
The Customs Court was established by act May 28, 1926, ch. 411,
Secs. 1, 2, 44 Stat. 669, sections 405a and 405b of Title 19, Customs
Duties, and said act transferred to it all the jurisdiction and powers
of the former Board of General Appraisers. The Tariff Act of June 1930,
ch. 497, title IV, Sec. 518, 46 Stat. 737, section 1518 of Title 19,
continued the Customs Court as constituted on June 17, 1930 with,
however, several important changes.
References in Text
Section 515 of the Tariff Act of 1930, referred to in subsec. (a),
is classified to section 1515 of Title 19, Customs Duties.
Section 516 of the Tariff Act of 1930, referred to in subsec. (b),
is classified to section 1516 of Title 19.
Section 516A of the Tariff Act of 1930, referred to in subsecs. (c)
and (i), is classified to section 1516a of Title 19.
The Trade Act of 1974, referred to in subsec. (d)(1) to (3), is Pub.
L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is classified
principally to chapter 12 (Sec. 2101 et seq.) of Title 19. Sections 223,
251, and 271 of the Trade Act of 1974 are classified to sections 2273,
2341, and 2371, respectively, of Title 19. Section 2371 of Title 19 was
omitted from the Code as terminated Sept. 30, 1982. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of Title 19 and Tables.
Section 305(b)(1) of the Trade Agreements Act of 1979, referred to
in subsec. (e), is classified to section 2515(b)(1) of Title 19.
Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec.
(f), is classified to section 1677f(c)(2) of Title 19.
Section 641 of the Tariff Act of 1930, referred to in subsec.
(g)(1), (2), is classified to section 1641 of Title 19.
Section 499(b) of the Tariff Act of 1930, referred to in subsec.
(g)(3), is classified to section 1499(b) of Title 19.
Section 305 of the Tariff Act of 1930, referred to in subsec. (j),
is classified to section 1305 of Title 19.
Prior Provisions
A prior section 1581, act June 25, 1948, ch. 646, 62 Stat. 943,
related to powers of the Customs Court generally, prior to the general
revision of this chapter by Pub. L. 96-417. See section 1585 of this
title.
Amendments
1993--Subsec. (g)(3). Pub. L. 103-182, Sec. 684(a)(1), added par.
(3).
Subsec. (i). Pub. L. 103-182, Sec. 414(a)(1), inserted ``the North
American Free Trade Agreement or'' before ``the United States-Canada
Free-Trade Agreement'' in last sentence.
1988--Subsec. (i). Pub. L. 100-449 inserted at end ``This subsection
shall not confer jurisdiction over an antidumping or countervailing duty
determination which is reviewable either by the Court of International
Trade under section 516A(a) of the Tariff Act of 1930 or by a binational
panel under article 1904 of the United States-Canada Free-Trade
Agreement and section 516A(g) of the Tariff Act of 1930.''
1986--Subsec. (g)(1). Pub. L. 99-514 substituted ``(3)'' for ``(3)
or (c)''.
1984--Subsec. (g)(1). Pub. L. 98-573 amended par. (1) generally,
substituting ``a customs broker's license under section 641(b)(2) or (3)
or (c) of the Tariff Act of 1930, or to deny a customs broker's permit
under section 641(c)(1) of such Act, or to revoke a license or permit
under section 641(b)(5) or (c)(2) of such Act'' for ``or revoke a
customhouse broker's license under section 641(a) of the Tariff Act of
1930''.
Subsec. (g)(2). Pub. L. 98-573 amended par. (2) generally,
substituting ``any decision of the Secretary of the Treasury to revoke
or suspend a customs broker's license or permit, or impose a monetary
penalty in lieu thereof, under section 641(d)(2)(B) of the Tariff Act of
1930'' for ``any order of the Secretary of the Treasury to revoke or
suspend a customhouse broker's license under section 641(b) of the
Tariff Act of 1930''.
Effective Date of 1993 Amendment
Amendment by section 414(a)(1) of 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 determination
described in section 1516a(a)(2)(B)(vi) of Title 19, notice of which is
received by the Government of Canada 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 before such date, see section 416 of Pub. L.
103-182, set out as an Effective Date note under 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
Chapter effective Nov. 1, 1980, and applicable with respect to civil
actions pending 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 (i) of this section applicable with respect
to civil actions commenced on or after Nov. 1, 1980, see section
701(b)(1)(A) of Pub. L. 96-417.
Application of 1993 Amendment
Section 684(b) of Pub. L. 103-182 provided that: ``For purposes of
applying the amendments made by subsection (a) [amending this section
and sections 2631, 2636, 2640, and 2642 of this title], any decision or
order of the Customs Service denying, suspending, or revoking the
accreditation of a private laboratory on or after the date of the
enactment of this Act [Dec. 8, 1993] and before regulations to implement
section 499(b) of the Tariff Act of 1930 [19 U.S.C. 1499(b)] are issued
shall be treated as having been denied, suspended, or revoked under such
section 499(b).''
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
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 November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Effect of Termination of NAFTA Country Status
For provisions relating to effect of termination of NAFTA country
status on sections 401 to 416 of Pub. L. 103-182, see section 3451 of
Title 19, Customs Duties.
Section Referred to in Other Sections
This section is referred to in sections 2631, 2636, 2637, 2639, 2643
of this title; title 19 sections 1499, 1515.
