§ 2635. — Filing of official documents.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2635]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 169--COURT OF INTERNATIONAL TRADE PROCEDURE
Sec. 2635. Filing of official documents
(a) In any action commenced in the Court of International Trade
contesting the denial of a protest under section 515 of the Tariff Act
of 1930 or the denial of a petition under section 516 of such Act, the
Customs Service, as prescribed by the rules of the court, shall file
with the clerk of the court, as part of the official record, any
document, paper, information or data relating to the entry of
merchandise and the administrative determination that is the subject of
the protest or petition.
(b)(1) In any civil action commenced in the Court of International
Trade under section 516A of the Tariff Act of 1930, within forty days or
within such other period of time as the court may specify, after the
date of service of a complaint on the administering authority
established to administer title VII of the Tariff Act of 1930 or the
United States International Trade Commission, the administering
authority or the Commission shall transmit to the clerk of the court the
record of such action, as prescribed by the rules of the court. The
record shall, unless otherwise stipulated by the parties, consist of--
(A) a copy of all information presented to or obtained by the
administering authority or the Commission during the course of the
administrative proceedings, including all governmental memoranda
pertaining to the case and the record of ex parte meetings required
to be maintained by section 777(a)(3) of the Tariff Act of 1930; and
(B)(i) a copy of the determination and the facts and conclusions
of law upon which such determination was based, (ii) all transcripts
or records of conferences or hearings, and (iii) all notices
published in the Federal Register.
(2) The administering authority or the Commission shall identify and
transmit under seal to the clerk of the court any document, comment, or
information that is accorded confidential or privileged status by the
Government agency whose action is being contested and that is required
to be transmitted to the clerk under paragraph (1) of this subsection.
Any such document, comment, or information shall be accompanied by a
nonconfidential description of the nature of the material being
transmitted. The confidential or privileged status of such material
shall be preserved in the civil action, but the court may examine the
confidential or privileged material in camera and may make such material
available under such terms and conditions as the court may order.
(c) Within fifteen days, or within such other period of time as the
Court of International Trade may specify, after service of a summons and
complaint in a 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, the administering authority or the
Commission shall transmit under seal to the clerk of the Court of
International Trade, as prescribed by its rules, the confidential
information involved, together with pertinent parts of the record. Such
information shall be accompanied by a nonconfidential description of the
nature of the information being transmitted. The confidential status of
such information shall be preserved in the civil action, but the court
may examine the confidential information in camera and may make such
information available under a protective order consistent with section
777(c)(2) of the Tariff Act of 1930.
(d)(1) In any other civil action in the Court of International Trade
in which judicial review is to proceed upon the basis of the record made
before an agency, the agency shall, within forty days or within such
other period of time as the court may specify, after the date of service
of the summons and complaint upon the agency, transmit to the clerk of
the court, as prescribed by its rules--
(A) a copy of the contested determination and the findings or
report upon which such determination was based;
(B) a copy of any reported hearings or conferences conducted by
the agency; and
(C) any documents, comments, or other papers filed by the
public, interested parties, or governments with respect to the
agency's action.
(2) The agency shall identify and transmit under seal to the clerk
of the court any document, comment, or other information that was
obtained on a confidential basis and that is required to be transmitted
to the clerk under paragraph (1) of this subsection. Any such document,
comment, or information shall include a nonconfidential description of
the nature of the material being transmitted. The confidential or
privileged status of such material shall be preserved in the civil
action, but the court may examine such material in camera and may make
such material available under such terms and conditions as the court may
order.
(3) The parties may stipulate that fewer documents, comments, or
other information than those specified in paragraph (1) of this
subsection shall be transmitted to the clerk of the court.
(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.
1733; amended Pub. L. 103-182, title VI, Sec. 684(d), Dec. 8, 1993, 107
Stat. 2219.)
References in Text
The Tariff Act of 1930, referred to in subsecs. (a), (b)(1), and
(c), is act June 17, 1930, ch. 497, 46 Stat. 590, as amended. Title VII
of the Tariff Act of 1930 is classified generally to subtitle IV
(Sec. 1671 et seq.) of chapter 4 of Title 19, Customs Duties. Sections
515, 516, 516A, and 777 of the Tariff Act of 1930 are classified to
sections 1515, 1516, 1516a, and 1677f, respectively, of Title 19. For
complete classification of this Act to the Code, see section 1654 of
Title 19 and Tables.
Prior Provisions
A prior section 2635, acts June 25, 1948, ch. 646, 62 Stat. 981;
June 2, 1970, Pub. L. 91-271, title I, Sec. 116, 84 Stat. 280, related
to burden of proof and evidence of value, prior to the general revision
of this chapter by Pub. L. 96-417. See section 2639 of this title.
Amendments
1993--Subsec. (a). Pub. L. 103-182 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows:
``(1) Upon service of the summons on the Secretary of the Treasury
in any civil action contesting the denial of a protest under section 515
of the Tariff Act of 1930 or the denial of a petition under section 516
of such Act, the appropriate customs officer shall forthwith transmit to
the clerk of the Court of International Trade, as prescribed by its
rules, and as a part of the official record--
``(A) the consumption or other entry and the entry summary;
``(B) the commercial invoice;
``(C) the special customs invoice;
``(D) a copy of the protest or petition;
``(E) a copy of the denial, in whole or in part, of the protest
or petition;
``(F) the importer's exhibits;
``(G) the official and other representative samples;
``(H) any official laboratory reports; and
``(I) a copy of any bond relating to the entry.
``(2) If any of the items listed in paragraph (1) of this subsection
do not exist in a particular civil action, an affirmative statement to
that effect shall be transmitted to the clerk of the court.''
Effective Date
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.
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.
Section Referred to in Other Sections
This section is referred to in title 19 section 1641.
