§ 2638. — New grounds in support of a civil action.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2638]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 169--COURT OF INTERNATIONAL TRADE PROCEDURE
Sec. 2638. New grounds in support of a civil action
In any civil action under section 515 of the Tariff Act of 1930 in
which the denial, in whole or in part, of a protest is a precondition to
the commencement of a civil action in the Court of International Trade,
the court, by rule, may consider any new ground in support of the civil
action if such new ground--
(1) applies to the same merchandise that was the subject of the
protest; and
(2) is related to the same administrative decision listed in
section 514 of the Tariff Act of 1930 that was contested in the
protest.
(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.
1736.)
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 514 of the Tariff Act of 1930, referred to in par. (2), is
classified to section 1514 of Title 19.
Prior Provisions
A prior section 2638, acts June 25, 1948, ch. 646, 62 Stat. 982;
June 2, 1970, Pub. L. 91-271, title I, Sec. 119, 84 Stat. 281, related
to decisions, findings of fact and conclusions of law, and effect of
opinions, prior to the general revision of this chapter by Pub. L. 96-
417. See section 2645 (a) and (c) of this title.
