§ 2631. — Persons entitled to commence 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: 28USC2631]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 169--COURT OF INTERNATIONAL TRADE PROCEDURE
Sec. 2631. Persons entitled to commence a civil action
(a) A civil action contesting the denial of a protest, in whole or
in part, under section 515 of the Tariff Act of 1930 may be commenced in
the Court of International Trade by the person who filed the protest
pursuant to section 514 of such Act, or by a surety on the transaction
which is the subject of the protest.
(b) A civil action contesting the denial of a petition under section
516 of the Tariff Act of 1930 may be commenced in the Court of
International Trade by the person who filed such petition.
(c) A civil action contesting a determination listed in section 516A
of the Tariff Act of 1930 may be commenced in the Court of International
Trade by any interested party who was a party to the proceeding in
connection with which the matter arose.
(d)(1) A civil action to review any final determination of the
Secretary of Labor under section 223 of the Trade Act of 1974 with
respect to the eligibility of workers for adjustment assistance under
such Act may be commenced in the Court of International Trade by a
worker, group of workers, certified or recognized union, or authorized
representative of such worker or group that applies for assistance under
such Act and is aggrieved by such final determination.
(2) A civil action to review any final determination of the
Secretary of Commerce under section 251 of the Trade Act of 1974 with
respect to the eligibility of a firm for adjustment assistance under
such Act may be commenced in the Court of International Trade by a firm
or its representative that applies for assistance under such Act and is
aggrieved by such final determination, or by any other interested
domestic party that is aggrieved by such final determination.
(3) A civil action to review any final determination of the
Secretary of Commerce under section 271 of the Trade Act of 1974 with
respect to the eligibility of a community for adjustment assistance
under such Act may be commenced in the Court of International Trade by a
community that applies for assistance under such Act and is aggrieved by
such final determination, or by any other interested domestic party that
is aggrieved by such final determination.
(e) A civil action to review a final determination made under
section 305(b)(1) of the Trade Agreements Act of 1979 may be commenced
in the Court of International Trade by any person who was a party-at-
interest with respect to such determination.
(f) A 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 may be commenced in the Court of
International Trade by any interested party whose application for
disclosure of such confidential information was denied under section
777(c)(1) of such Act.
(g)(1) A civil action to review any decision of the Secretary of the
Treasury to deny a customs broker's license under section 641(b)(2) or
(3) of the Tariff Act of 1930, or to deny a customs broker's permit
under section 641(c)(1) of such Act, or to revoke such license or permit
under section 641(b)(5) or (c)(2) of such Act, may be commenced in the
Court of International Trade by the person whose license or permit was
denied or revoked.
(2) A civil action to review any decision of the Secretary of the
Treasury to revoke or suspend a customs broker's license or permit or
impose a monetary penalty in lieu thereof under section 641(d)(2)(B) of
the Tariff Act of 1930 may be commenced in the Court of International
Trade by the person against whom the decision was issued.
(3) A civil action to review any decision or order of the Customs
Service to deny, suspend, or revoke accreditation of a private
laboratory under section 499(b) of the Tariff Act of 1930 may be
commenced in the Court of International Trade by the person whose
accreditation was denied, suspended, or revoked.
(h) A civil action described in section 1581(h) of this title may be
commenced in the Court of International Trade by the person who would
have standing to bring a civil action under section 1581(a) of this
title if he imported the goods involved and filed a protest which was
denied, in whole or in part, under section 515 of the Tariff Act of
1930.
(i) Any civil action of which the Court of International Trade has
jurisdiction, other than an action specified in subsections (a)-(h) of
this section, may be commenced in the court by any person adversely
affected or aggrieved by agency action within the meaning of section 702
of title 5.
(j)(1) Any person who would be adversely affected or aggrieved by a
decision in a civil action pending in the Court of International Trade
may, by leave of court, intervene in such action, except that--
(A) no person may intervene in a civil action under section 515
or 516 of the Tariff Act of 1930;
(B) in a civil action under section 516A of the Tariff Act of
1930, only an interested party who was a party to the proceeding in
connection with which the matter arose may intervene, and such
person may intervene as a matter of right; and
(C) in a civil action under section 777(c)(2) of the Tariff Act
of 1930, only a person who was a party to the investigation may
intervene, and such person may intervene as a matter of right.
(2) In those civil actions in which intervention is by leave of
court, the Court of International Trade shall consider whether the
intervention will unduly delay or prejudice the adjudication of the
rights of the original parties.
(k) In this section--
(1) ``interested party'' has the meaning given such term in
section 771(9) of the Tariff Act of 1930; and
(2) ``party-at-interest'' means--
(A) a foreign manufacturer, producer, or exporter, or a
United States importer, of merchandise which is the subject of a
final determination under section 305(b)(1) of the Trade
Agreements Act of 1979;
(B) a manufacturer, producer, or wholesaler in the United
States of a like product;
(C) United States members of a labor organization or other
association of workers whose members are employed in the
manufacture, production, or wholesale in the United States of a
like product;
(D) a trade or business association a majority of whose
members manufacture, produce, or wholesale a like product in the
United States,\1\ and
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\1\ So in original. The comma probably should be a semicolon.
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(E) an association composed of members who represent
parties-at-interest described in subparagraph (B), (C), or (D).
(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.
1730; amended Pub. L. 98-573, title II, Sec. 212(b)(3), title VI,
Sec. 612(b)(3), Oct. 30, 1984, 98 Stat. 2983, 3034; Pub. L. 103-182,
title VI, Sec. 684(a)(2), Dec. 8, 1993, 107 Stat. 2219.)
References in Text
Section 515 of the Tariff Act of 1930, referred to in subsecs. (a),
(h), (j)(1)(A), is classified to section 1515 of Title 19, Customs
Duties.
Section 514 of the Tariff Act of 1930, referred to in subsec. (a),
is classified to section 1514 of Title 19.
Section 516 of the Tariff Act of 1930, referred to in subsecs. (b),
(j)(1)(A), is classified to section 1516 of Title 19.
Section 516A of the Tariff Act of 1930, referred to in subsecs. (c),
(j)(1)(B), is classified to section 1516a of Title 19.
The Trade Act of 1974, referred to in subsec. (d)(1) to (3), is Pub.
L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is classified
principally to chapter 12 (Sec. 2101 et seq.) of Title 19. Sections 223,
251, and 271 of the Trade Act of 1974 are classified to sections 2273,
2341, and 2371, respectively, of Title 19. Section 2371 of Title 19 was
omitted from the Code as terminated Sept. 30, 1982. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of Title 19 and Tables.
Section 305(b)(1) of the Trade Agreements Act of 1979, referred to
in subsecs. (e), (k)(2)(A), is classified to section 2515(b)(1) of Title
19.
Section 777 of the Tariff Act of 1930, referred to in subsecs. (f),
(j)(1)(C), is classified to section 1677f of Title 19.
Section 641 of the Tariff Act of 1930, referred to in subsec. (g),
is classified to section 1641 of Title 19.
Section 499(b) of the Tariff Act of 1930, referred to in subsec.
(g)(3), is classified to section 1499(b) of Title 19.
Section 771(9) of the Tariff Act of 1930, referred to in subsec.
(k)(1), is classified to section 1677(9) of Title 19.
Prior Provisions
A prior section 2631, acts June 25, 1948, ch. 646, 62 Stat. 980; May
24, 1949, ch. 139, Sec. 122, 63 Stat. 106; June 2, 1970, Pub. L. 91-271,
title I, Sec. 112, 84 Stat. 278; Jan. 3, 1975, Pub. L. 93-618, title
III, Sec. 321(f)(2), 88 Stat. 2048, related to time for commencement of
action, prior to the general revision of this chapter by Pub. L. 96-417.
See section 2636 of this title.
Amendments
1993--Subsec. (g)(3). Pub. L. 103-182 added par. (3).
1984--Subsec. (g). Pub. L. 98-573, Sec. 212(b)(3), amended subsec.
(g) generally. Prior to amendment, subsec. (g) read as follows:
``(1) A civil action to review any decision of the Secretary of the
Treasury to deny or revoke a customhouse broker's license under section
641(a) of the Tariff Act of 1930 may be commenced in the Court of
International Trade by the person whose license was denied or revoked.
``(2) A civil action to review any order of the Secretary of the
Treasury to revoke or suspend a customhouse broker's license under
section 641(b) of the Tariff Act of 1930 may be commenced in the Court
of International Trade by the person whose license was revoked or
suspended.''
Subsec. (k)(2)(E). Pub. L. 98-573, Sec. 612(b)(3), added subpar.
(E).
Effective Date of 1984 Amendment
Amendment by section 212(b)(3) of 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.
Amendment by section 612(b)(3) of Pub. L. 98-573 applicable with
respect to investigations initiated by petition or by the administering
authority under subtitle A or B of title VII of the Tariff Act of 1930
(19 U.S.C. 1671 et seq., 1673 et seq.), and to reviews begun under
section 751 of that Act (19 U.S.C. 1675), on or after Oct. 30, 1984, see
section 626(b)(1) of Pub. L. 98-573, as amended, set out as a note under
section 1671 of Title 19.
Effective Date
Chapter effective Nov. 1, 1980, unless otherwise provided, and
applicable with respect to civil actions pending on or commenced on or
after such date, see section 701(a) of Pub. L. 96-417, set out as an
Effective Date of 1980 Amendment note under section 251 of this title.
Subsecs. (d) and (g) to (j) 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.
Application of 1993 Amendment
For purposes of applying amendment by Pub. L. 103-182, any decision
or order of Customs Service denying, suspending, or revoking
accreditation of a private laboratory on or after Dec. 8, 1993, and
before regulations to implement 19 U.S.C. 1499(b) are issued to be
treated as having been denied, suspended, or revoked under such section
1499(b), see section 684(b) of Pub. L. 103-182, set out as a note under
section 1581 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.
