§ 1659. — Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1659]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 111--GENERAL PROVISIONS
Sec. 1659. Stay of certain actions pending disposition of
related proceedings before the United States International Trade
Commission
(a) Stay.--In a civil action involving parties that are also parties
to a proceeding before the United States International Trade Commission
under section 337 of the Tariff Act of 1930, at the request of a party
to the civil action that is also a respondent in the proceeding before
the Commission, the district court shall stay, until the determination
of the Commission becomes final, proceedings in the civil action with
respect to any claim that involves the same issues involved in the
proceeding before the Commission, but only if such request is made
within--
(1) 30 days after the party is named as a respondent in the
proceeding before the Commission, or
(2) 30 days after the district court action is filed,
whichever is later.
(b) Use of Commission Record.--Notwithstanding section 337(n)(1) of
the Tariff Act of 1930, after dissolution of a stay under subsection
(a), the record of the proceeding before the United States International
Trade Commission shall be transmitted to the district court and shall be
admissible in the civil action, subject to such protective order as the
district court determines necessary, to the extent permitted under the
Federal Rules of Evidence and the Federal Rules of Civil Procedure.
(Added Pub. L. 103-465, title III, Sec. 321(b)(1)(A), Dec. 8, 1994, 108
Stat. 4945.)
References in Text
Section 337 of the Tariff Act of 1930, referred to in text, is
classified to section 1337 of Title 19, Customs Duties.
The Federal Rules of Evidence and the Federal Rules of Civil
Procedure, referred to in subsec. (b), are set out in the Appendix to
this title.
Effective Date
Section applicable with respect to complaints filed under section
1337 of Title 19, Customs Duties, on or after the date on which the
World Trade Organization Agreement enters into force with respect to the
United States [Jan. 1, 1995], or in cases under section 1337 of Title 19
in which no complaint is filed, with respect to investigations initiated
under such section on or after such date, see section 322 of Pub. L.
103-465, set out as an Effective Date of 1994 Amendment note under
section 1337 of Title 19.
