§ 2643. — Relief.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2643]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 169--COURT OF INTERNATIONAL TRADE PROCEDURE
Sec. 2643. Relief
(a) The Court of International Trade may enter a money judgment--
(1) for or against the United States in any civil action
commenced under section 1581 or 1582 of this title; and
(2) for or against the United States or any other party in any
counterclaim, cross-claim, or third-party action under section 1583
of this title.
(b) If the Court of International Trade is unable to determine the
correct decision on the basis of the evidence presented in any civil
action, the court may order a retrial or rehearing for all purposes, or
may order such further administrative or adjudicative procedures as the
court considers necessary to enable it to reach the correct decision.
(c)(1) Except as provided in paragraphs (2), (3), (4), and (5) of
this subsection, the Court of International Trade may, in addition to
the orders specified in subsections (a) and (b) of this section, order
any other form of relief that is appropriate in a civil action,
including, but not limited to, declaratory judgments, orders of remand,
injunctions, and writs of mandamus and prohibition.
(2) The Court of International Trade may not grant an injunction or
issue a writ of mandamus in any civil action commenced to review any
final determination of the Secretary of Labor under section 223 of the
Trade Act of 1974, or any final determination of the Secretary of
Commerce under section 251 or section 271 of such Act.
(3) In any civil action involving an application for the issuance of
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 Court of International
Trade may issue an order of disclosure only with respect to the
information specified in such section.
(4) In any civil action described in section 1581(h) of this title,
the Court of International Trade may only order the appropriate
declaratory relief.
(5) 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, the Court of
International Trade may not order declaratory relief.
(d) If a surety commences a civil action in the Court of
International Trade, such surety shall recover only the amount of the
liquidated duties, charges, or exactions paid on the entries included in
such action. The excess amount of any recovery shall be paid to the
importer of record.
(e) In any proceeding involving assessment or collection of a
monetary penalty under section 641(b)(6) or 641(d)(2)(A) of the Tariff
Act of 1930, the court may not render judgment in an amount greater than
that sought in the initial pleading of the United States, and may render
judgment in such lesser amount as shall seem proper and just to the
court.
(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.
1737; amended Pub. L. 98-573, title II, Sec. 212(b)(6), Oct. 30, 1984,
98 Stat. 2984; Pub. L. 100-449, title IV, Sec. 402(b), Sept. 28, 1988,
102 Stat. 1884; Pub. L. 103-182, title IV, Sec. 414(b), Dec. 8, 1993,
107 Stat. 2147.)
References in Text
Sections 223, 251, and 271 of the Trade Act of 1974, referred to in
subsec. (c)(2), are classified to sections 2273, 2341, and 2371,
respectively, of Title 19, Customs Duties. Section 2371 of Title 19 was
omitted from the Code as terminated Sept. 30, 1982.
Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec.
(c)(3), is classified to section 1677f(c)(2) of Title 19.
Section 516A(f)(10) of the Tariff Act of 1930, referred to in
subsec. (c)(5), is classified to section 1516a(f)(10) of Title 19.
Section 641 of the Tariff Act of 1930, referred to in subsec. (e),
is classified to section 1641 of Title 19.
Amendments
1993--Subsec. (c)(5). 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. (c). Pub. L. 100-449 substituted ``(4), and (5)'' for
``and (4)'' in par. (1) and added par. (5).
1984--Subsec. (e). Pub. L. 98-573 added subsec. (e).
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 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
Subsecs. (a) and (c)(2), (4) 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 Effective Date of 1980
Amendment note under section 251 of this title.
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.
