§ 2636. — Time for commencement of 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: 28USC2636]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 169--COURT OF INTERNATIONAL TRADE PROCEDURE
Sec. 2636. Time for commencement of action
(a) A civil action contesting the denial, in whole or in part, of a
protest under section 515 of the Tariff Act of 1930 is barred unless
commenced in accordance with the rules of the Court of International
Trade--
(1) within one hundred and eighty days after the date of mailing
of notice of denial of a protest under section 515(a) of such Act;
or
(2) within one hundred and eighty days after the date of denial
of a protest by operation of law under the provisions of section
515(b) of such Act.
(b) A civil action contesting the denial of a petition under section
516 of the Tariff Act of 1930 is barred unless commenced in accordance
with the rules of the Court of International Trade within thirty days
after the date of mailing of a notice pursuant to section 516(c) of such
Act.
(c) A civil action contesting a reviewable determination listed in
section 516A of the Tariff Act of 1930 is barred unless commenced in
accordance with the rules of the Court of International Trade within the
time specified in such section.
(d) A civil action contesting a final determination of the Secretary
of Labor under section 223 of the Trade Act of 1974 or a final
determination of the Secretary of Commerce under section 251 or section
271 of such Act is barred unless commenced in accordance with the rules
of the Court of International Trade within sixty days after the date of
notice of such determination.
(e) A civil action contesting a final determination made under
section 305(b)(1) of the Trade Agreements Act of 1979 is barred unless
commenced in accordance with the rules of the Court of International
Trade within thirty days after the date of the publication of such
determination in the Federal Register.
(f) A civil action involving an application for the issuance of an
order making confidential information available under section 777(c)(2)
of the Tariff Act of 1930 is barred unless commenced in accordance with
the rules of the Court of International Trade within ten days after the
date of the denial of the request for such confidential information.
(g) A civil action contesting the denial or revocation by the
Secretary of the Treasury of a customs broker's license or permit under
subsection (b) or (c) of section 641 of the Tariff Act of 1930, or the
revocation or suspension of such license or permit or the imposition of
a monetary penalty in lieu thereof by such Secretary under section
641(d) of such Act, is barred unless commenced in accordance with the
rules of the Court of International Trade within sixty days after the
date of the entry of the decision or order of such Secretary.
(h) A civil action contesting the denial, suspension, or revocation
by the Customs Service of a private laboratory's accreditation under
section 499(b) of the Tariff Act of 1930 is barred unless commenced in
accordance with the rules of the Court of International Trade within 60
days after the date of the decision or order of the Customs Service.
(i) A civil action of which the Court of International Trade has
jurisdiction under section 1581 of this title, other than an action
specified in subsections (a)-(h) of this section, is barred unless
commenced in accordance with the rules of the court within two years
after the cause of action first accrues.
(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.
1734; amended Pub. L. 98-573, title II, Sec. 212(b)(4), title VI,
Sec. 623(b)(1), Oct. 30, 1984, 98 Stat. 2984, 3041; Pub. L. 103-182,
title VI, Sec. 684(a)(3), Dec. 8, 1993, 107 Stat. 2219.)
References in Text
Section 515 of the Tariff Act of 1930, referred to in subsec. (a),
is classified to section 1515 of Title 19, Customs Duties.
Section 516 of the Tariff Act of 1930, referred to in subsec. (b),
is classified to section 1516 of Title 19.
Section 516A of the Tariff Act of 1930, referred to in subsec. (c),
is classified to section 1516a of Title 19.
Sections 223, 251, and 271 of the Trade Act of 1974, referred to in
subsec. (d), 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 305(b)(1) of the Trade Agreements Act of 1979, referred to
in subsec. (e), is classified to section 2515(b)(1) of Title 19.
Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec.
(f), is classified to section 1677f(c)(2) 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.
(h), is classified to section 1499(b) of Title 19.
Prior Provisions
A prior section 2636, acts June 25, 1948, ch. 646, 62 Stat. 981;
June 2, 1970, Pub. L. 91-271, title I, Sec. 117, 84 Stat. 280, related
to analysis of imported merchandise, prior to the general revision of
this chapter by Pub. L. 96-417. See section 2642 of this title.
Amendments
1993--Subsecs. (h), (i). Pub. L. 103-182 added subsec. (h) and
redesignated former subsec. (h) as (i).
1984--Subsec. (c). Pub. L. 98-573, Sec. 623(b)(1)(A), amended
subsec. (c) generally, striking out ``, other than a determination under
section 703(b), 703(c), 733(b), or 733(c) of such Act,'' and
substituting ``within the time specified in such section'' for ``within
thirty days after the date of the publication of such determination in
the Federal Register''.
Subsec. (d). Pub. L. 98-573, Sec. 623(b)(1)(B), redesignated subsec.
(e) as (d). Former subsec. (d), which provided that civil actions
contesting certain determinations by the administering authority under
sections 703(b), (c), and 733(b), (c), of the Tariff Act of 1930 were
barred unless commenced in accordance with the rules of the Court of
International Trade within 10 days after publication of the
determination in the Federal Register, was struck out.
Subsecs. (e) to (g). Pub. L. 98-573, Sec. 623(b)(1)(B), redesignated
subsecs. (f) to (h) as (e) to (g), respectively. Former subsec. (e)
redesignated (d).
Subsec. (h). Pub. L. 98-573, Sec. 623(b)(1)(B), redesignated subsec.
(i) as (h). Former subsec. (h) redesignated (g).
Pub. L. 98-573, Sec. 212(b)(4), amended subsec. (h) generally,
substituting ``customs broker's license or permit under subsection (b)
or (c) of section 641 of the Tariff Act of 1930, or the revocation or
suspension of such license or permit or the imposition of a monetary
penalty in lieu thereof by such Secretary under section 641(d) of such
Act,'' for ``customhouse broker's license under section 641(a) of the
Tariff Act of 1930 or the revocation or suspension by such Secretary of
a customhouse broker's license under section 641(b) of such Act''.
Subsec. (i). Pub. L. 98-573, Sec. 623(b)(1)(B), redesignated subsec.
(i) as (h).
Effective Date of 1984 Amendment
Amendment by section 212(b)(4) 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 623(b)(1) of Pub. L. 98-573 applicable with
respect to civil actions pending on, or filed on or after, Oct. 30,
1984, see section 626(b)(2) of Pub. L. 98-573, set out as a note under
section 1671 of Title 19.
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.
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.
Section Referred to in Other Sections
This section is referred to in title 19 sections 1514, 1515.
