§ 2201. — Creation of remedy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2201]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 151--DECLARATORY JUDGMENTS
Sec. 2201. Creation of remedy
(a) In a case of actual controversy within its jurisdiction, except
with respect to Federal taxes other than actions brought under section
7428 of the Internal Revenue Code of 1986, a proceeding under section
505 or 1146 of title 11, or in any civil action involving an antidumping
or countervailing duty proceeding regarding a class or kind of
merchandise of a free trade area country (as defined in section
516A(f)(10) of the Tariff Act of 1930), as determined by the
administering authority, any court of the United States, upon the filing
of an appropriate pleading, may declare the rights and other legal
relations of any interested party seeking such declaration, whether or
not further relief is or could be sought. Any such declaration shall
have the force and effect of a final judgment or decree and shall be
reviewable as such.
(b) For limitations on actions brought with respect to drug patents
see section 505 or 512 of the Federal Food, Drug, and Cosmetic Act.
(June 25, 1948, ch. 646, 62 Stat. 964; May 24, 1949, ch. 139, Sec. 111,
63 Stat. 105; Aug. 28, 1954, ch. 1033, 68 Stat. 890; Pub. L. 85-508,
Sec. 12(p), July 7, 1958, 72 Stat. 349; Pub. L. 94-455, title XIII,
Sec. 1306(b)(8), Oct. 4, 1976, 90 Stat. 1719; Pub. L. 95-598, title II,
Sec. 249, Nov. 6, 1978, 92 Stat. 2672; Pub. L. 98-417, title I,
Sec. 106, Sept. 24, 1984, 98 Stat. 1597; Pub. L. 100-449, title IV,
Sec. 402(c), Sept. 28, 1988, 102 Stat. 1884; Pub. L. 100-670, title I,
Sec. 107(b), Nov. 16, 1988, 102 Stat. 3984; Pub. L. 103-182, title IV,
Sec. 414(b), Dec. 8, 1993, 107 Stat. 2147.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Sec. 400 (Mar. 3, 1911, ch.
231, Sec. 274d, as added June 14, 1934, ch. 512, 48 Stat. 955; Aug. 30,
1935, ch. 829, Sec. 405, 49 Stat. 1027).
This section is based on the first paragraph of section 400 of title
28, U.S.C., 1940 ed. Other provisions of such section are incorporated
in section 2202 of this title.
While this section does not exclude declaratory judgments with
respect to State taxes, such suits will not ordinarily be entertained in
the courts of the United States where State law makes provision for
payment under protest and recovery back or otherwise affords adequate
remedy in the State courts. See Great Lakes Dredge & Dock Co. v.
Huffman, La. 1943, 63 S.Ct. 1070, 319 U.S. 293, 87 L.Ed. 1407. See also
Spector Motor Service v. McLaughlin, Conn. 1944, 65 S.Ct. 152, 323 U.S.
101, 89 L.Ed. 101. See also section 1341 of this title forbidding
district courts to restrain enforcements of State taxes where State
courts afford plain, speedy, and efficient remedy.
Changes were made in phraseology.
1949 Act
Section corrects a typographical error in section 2201 of title 28,
U.S.C.
References in Text
Section 7428 of the Internal Revenue Code of 1986, referred to in
subsec. (a), is classified to section 7428 of Title 26, Internal Revenue
Code.
Section 516A(f)(10) of the Tariff Act of 1930, referred to in
subsec. (a), is classified to section 1516a(f)(10) of Title 19, Customs
Duties.
Sections 505 and 512 of the Federal Food, Drug, and Cosmetic Act,
referred to in subsec. (b), are classified to sections 355 and 360b,
respectively, of Title 21, Food and Drugs.
Amendments
1993--Subsec. (a). Pub. L. 103-182 substituted ``merchandise of a
free trade area country (as defined in section 516A(f)(10) of the Tariff
Act of 1930),'' for ``Canadian merchandise,''.
1988--Subsec. (a). Pub. L. 100-449 substituted ``1986,'' for ``1954
or'' and inserted ``or in any civil action involving an antidumping or
countervailing duty proceeding regarding a class or kind of Canadian
merchandise, as determined by the administering authority,'' after
``title 11,''.
Subsec. (b). Pub. L. 100-670 inserted ``or 512'' after ``505''.
1984--Pub. L. 98-417 designated existing provisions as subsec. (a)
and added subsec. (b).
1978--Pub. L. 95-598 inserted reference to proceedings under section
505 or 1146 of title 11.
1976--Pub. L. 94-455 substituted ``taxes other than actions brought
under section 7428 of the Internal Revenue Code of 1954'' for ``taxes''.
1958--Pub. L. 85-508 struck out provisions which related to District
Court for Territory of Alaska. See section 81A of this title which
establishes a United States District Court for the State of Alaska.
1954--Act Aug. 28, 1954, extended provisions to Alaska.
1949--Act May 24, 1949, corrected spelling of ``or'' in second
sentence.
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 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 1978 Amendment
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(c) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-455 applicable with respect to pleadings
filed with the United States Tax Court, the District Court of the United
States for the District of Columbia, or the United States Court of
Claims more than 6 months after Oct. 4, 1976, but only with respect to
determinations (or requests for determinations) made after Jan. 1, 1976,
see section 1306(c) of Pub. L. 94-455, set out as an Effective Date note
under section 7428 of Title 26, Internal Revenue Code.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R.
81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508,
see notes set out under section 81A of this title and preceding section
21 of Title 48, Territories and Insular Possessions.
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.
Amount in Controversy
Jurisdictional amount in diversity of citizenship cases, see section
1332 of this title.
Section Referred to in Other Sections
This section is referred to in title 7 section 623; title 8 sections
1252, 1503; title 21 sections 355, 360b.
