§ 1581. Civil actions against the United States and agencies and officers thereof

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Customs Courts Act of 1980

   Pub. L. 96–417 title II § 201 · 94 Stat. 1727

   Enacted · 28 U.S.C. § 1581

   Added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, 94 Stat. 1728

   Source evidence

   Code source credit
   Added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, 94 Stat. 1728

   Enacted provision · exact public law section
   Sec. 201. Chapter 95 of title 28, United States Code, is amended to read as follows: “CHAPTER 95— COURT OF INTERNATIONAL TRADE “Sec. “1581. Civil actions against the United States and agencies and officers thereof. “1582. Civil actions commenced by the United States. “1583. Counterclaims, cross-claims, and third-party actions. “1584. Cure of defects. “1585. Powers in law and equity. “§1581. Civil actions against the United States and agencies and officers thereof “(a) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to contest the denial of a protest, in 19 USC 1515. whole or in part, under section 515 of the Tariff Act of 1930. “(b) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516 of the Tariff Act 19 USC 1516. of 1930. “(c) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516A of the Tariff 19 USC 1516a. Act of 1930. “(d) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review— “(1) any final determination of the Secretary of Labor under 19 USC 2273. section 223 of the Trade Act of 1974 with respect to the eligibility of workers for adjustment assistance under such Act; “(2) any final determination of the Secretary of Commerce 19 USC 2341. under section 251 of the Trade Act of 1974 with respect to the eligibility of a firm for adjustment assistance under such Act; and “(3) any final determination of the Secretary of Commerce 19 USC 2371. under section 271 of the Trade Act of 1974 with respect to the eligibility of a community for adjustment assistance under such Act. “(e) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review any final determination of the Secretary of the Treasury under section 305(b)(1) of the Trade 19 USC 2515. Agreements Act of 1979. “(f) The Court of International Trade shall have exclusive jurisdiction of any civil action involving an application for an order directing the administering authority or the International Trade Commission to make confidential information available under section 777(c)(2) of 19 USC 1677f. the Tariff Act of 1930. “(g) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review— “(1) any decision of the Secretary of the Treasury to deny or revoke a customhouse broker’s license under section 641(a) of the 19 USC 1641. Tariff Act of 1930; and “(2) 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. 19 USC 1641. “(h) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review, prior to the importation of the goods involved, a ruling issued by the Secretary of the Treasury, or a refusal to issue or change such a ruling, relating to classification, valuation, rate of duty, marking, restricted merchandise, entry requirements, drawbacks, vessel repairs, or similar matters, but only if the party commencing the civil action demonstrates to the court that he would be irreparably harmed unless given an opportunity to obtain judicial review prior to such importation. “(i) In addition to the jurisdiction conferred upon the Court of International Trade by subsections (a)–(h) of this section and subject to the exception set forth in subsection (j) of this section, the Court of International Trade shall have exclusive jurisdiction of any civil action commenced against the United States, its agencies, or its officers, that arises out of any law of the United States providing for— “(1) revenue from imports or tonnage; “(2) tariffs, duties, fees, or other taxes on the importation of merchandise for reasons other than the raising of revenue; “(3) embargoes or other quantitative restrictions on the importation of merchandise for reasons other than the protection of the public health or safety; or “(4) administration and enforcement with respect to the matters referred to in paragraphs (1)–(3) of this subsection and subsections (a)–(h) of this section. “(j) The Court of International Trade shall not have jurisdiction of any civil action arising under section 305 of the Tariff Act of 1930. 19 USC 1305. “§1582. Civil actions commenced by the United States “The Court of International Trade shall have exclusive jurisdiction of any civil action which arises out of an import transaction and which is commenced by the United States— “(1) to recover a civil penalty under section 592, 704(i)(2), or 734(i)(2) of the Tariff Act of 1930; 19 USC 1592, 1671c, 1673c. “(2) to recover upon a bond relating to the importation of merchandise required by the laws of the United States or by the Secretary of the Treasury; or “(3) to recover customs duties. “§1583. Counterclaims, cross-claims, and third-party actions “In any civil action in the Court of International Trade, the court shall have exclusive jurisdiction to render judgment upon any counterclaim, cross-claim, or third-party action of any party, if (1) such claim or action involves the imported merchandise that is the subject matter of such civil action, or (2) such claim or action is to recover upon a bond or customs duties relating to such merchandise. “§1584. Cure of defects “(a) If a civil action within the exclusive jurisdiction of the Court of International Trade is commenced in a district court of the United States, the district court shall, in the interest of justice, transfer such civil action to the Court of International Trade, where such action shall proceed as if it had been commenced in the Court of International Trade in the first instance. “(b) If a civil action within the exclusive jurisdiction of a district court, a court of appeals, or the Court of Customs and Patent Appeals is commenced in the Court of International Trade, the Court of International Trade shall, in the interest of justice, transfer such civil action to the appropriate district court or court of appeals or to the Court of Customs and Patent Appeals where such action shall proceed as if it had been commenced in such court in the first instance. “§1585. Powers in law and equity “The Court of International Trade shall possess all the powers in law and equity of, or as conferred by statute upon, a district court of the United States.”.

2. 1984

   Trade and Tariff Act of 1984

   Pub. L. 98–573 title II § 212(b)(1) · 98 Stat. 2948

   1. Amended · 28 U.S.C. § 1581(g)(1)

      Pub. L. 98–573 amended par. (1) generally

   2. Substituted · 28 U.S.C. § 1581(g)(1)

      Pub. L. 98–573 substituting “a customs broker’s license under section 641(b)(2) or (3) or (c) 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 a license or permit under section 641(b)(5) or (c)(2) of such Act” for “or revoke a customhouse broker’s license under section 641(a) of the Tariff Act of 1930”

   Source evidence

   Code amendment note
   Subsec. (g)(1). Pub. L. 98–573 amended par. (1) generally, substituting “a customs broker’s license under section 641(b)(2) or (3) or (c) 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 a license or permit under section 641(b)(5) or (c)(2) of such Act” for “or revoke a customhouse broker’s license under section 641(a) of the Tariff Act of 1930”.

   Enacted provision · exact public law section
   (1) Section 1581(g) is amended to read as follows: “(g) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review— “(1) any decision of the Secretary of the Treasury to deny a customs broker’s license under section 641(b) (2) or (3) or (c) 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 a license or Ante, p. 2978. permit under section 641(b)(5) or (c)(2) of such Act; and “(2) 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.”.

3. 1984

   Trade and Tariff Act of 1984

   Pub. L. 98–573 title II § 212(b)(1) · 98 Stat. 2948

   1. Amended · 28 U.S.C. § 1581(g)(2)

      Pub. L. 98–573 amended par. (2) generally

   2. Substituted · 28 U.S.C. § 1581(g)(2)

      Pub. L. 98–573 substituting “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” for “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”

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 98–573 amended par. (2) generally, substituting “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” for “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”.

   Enacted provision · exact public law section
   (1) Section 1581(g) is amended to read as follows: “(g) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review— “(1) any decision of the Secretary of the Treasury to deny a customs broker’s license under section 641(b) (2) or (3) or (c) 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 a license or Ante, p. 2978. permit under section 641(b)(5) or (c)(2) of such Act; and “(2) 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.”.

4. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 title XVIII § 1891(1) · 100 Stat. 2085

   Substituted · 28 U.S.C. § 1581(g)(1)

   Pub. L. 99–514 substituted “(3)” for “(3) or (c)”

   Source evidence

   Code amendment note
   Subsec. (g)(1). Pub. L. 99–514 substituted “(3)” for “(3) or (c)”.

   Enacted provision · exact public law section
   (1) by striking out “(3) or (c)” in section 1581(g)(1) and inserting in lieu thereof “(3)”; and

5. 1988

   United States-Canada Free-Trade Agreement Implementation Act of 1988

   Pub. L. 100–449 title IV § 402(a) · 102 Stat. 1851

   Inserted · 28 U.S.C. § 1581(i)

   Pub. L. 100–449 temporarily inserted at end “This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable either by the Court of International Trade under section 516A(a) of the Tariff Act of 1930 or by a binational panel under article 1904 of the United States-Canada Free-Trade Agreement and section 516A(g) of the Tariff Act of 1930.” See Effective and Termination Dates of 1988 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 100–449 temporarily inserted at end “This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable either by the Court of International Trade under section 516A(a) of the Tariff Act of 1930 or by a binational panel under article 1904 of the United States-Canada Free-Trade Agreement and section 516A(g) of the Tariff Act of 1930.” See Effective and Termination Dates of 1988 Amendment note below.

   Enacted provision · exact public law section
   (a) Jurisdiction of Court of International Trade.— Section 1581(i) of title 28, United States Code, is amended by adding at the end thereof the following flush sentence: “This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable either by the Court of International Trade under section 516A(a) of the Tariff Act of 1930 or by a binational panel under article 1904 of the United States-Canada Free-Trade Agreement and section 516A(g) of the Tariff Act of 1930.”.

6. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 684(a)(1) · 107 Stat. 2057

   Added · 28 U.S.C. § 1581(g)(3)

   Pub. L. 103–182, § 684(a)(1), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (g)(3). Pub. L. 103–182, § 684(a)(1), added par. (3).

   Enacted provision · exact public law section
   (1) Section 1581(g) is amended by— (A) striking out “and” at the end of paragraph (1); (B) by striking out the period at the end of paragraph (2) and inserting “; and”; and (C) by adding at the end the following: “(3) 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.”.

7. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 414(a)(1) · 107 Stat. 2057

   Inserted · 28 U.S.C. § 1581(i)

   Pub. L. 103–182, § 414(a)(1), inserted “the North American Free Trade Agreement or” before “the United States-Canada Free-Trade Agreement” in last sentence

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 103–182, § 414(a)(1), inserted “the North American Free Trade Agreement or” before “the United States-Canada Free-Trade Agreement” in last sentence.

   Enacted provision · exact public law section
   (1) in section 1581(i) by inserting “the North American Free Trade Agreement or” before “the United States-Canada Free-Trade Agreement”;

8. 2009

   Trade and Globalization Adjustment Assistance Act of 2009

   Pub. L. 111–5 div. B title I § 1873(b)(2) · 123 Stat. 115

   1. Substituted · 28 U.S.C. § 1581(d)(3); 28 U.S.C. § 1581(d)(4)

      Pub. L. 111–5 substituted “273” for “271” in par. (3)

   2. Added · 28 U.S.C. § 1581(d)(3); 28 U.S.C. § 1581(d)(4)

      Pub. L. 111–5 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (d)(3), (4). Pub. L. 111–5 substituted “273” for “271” in par. (3) and added par. (4).

   Enacted provision · exact public law section
   (2) Section 1581(d) of title 28, United States Code, is amended— (A) in paragraph (2), by striking “; and” and inserting a semicolon; (B) in paragraph (3)— (i) by striking “271” and inserting “273”; and (ii) by striking the period and inserting “; and”; and (C) by adding at the end the following: “(4) any final determination of the Secretary of Agriculture under section 293 or 296 of the Trade Act of 1974 (19 U.S.C. 2401b) with respect to the eligibility of a group of agricultural commodity producers for adjustment assistance under such Act.” .

9. 2016

   Enforce and Protect Act of 2015

   Pub. L. 114–125 title IV § 421(b) · 130 Stat. 122

   Inserted · 28 U.S.C. § 1581(c)

   Pub. L. 114–125 inserted “or 517” after “516A”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–125 inserted “or 517” after “516A”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 1581(c) of title 28, United States Code, is amended by inserting “or 517” after “516A”.

10. 2020

    United States-Mexico-Canada Agreement Implementation Act

    Pub. L. 116–113 § 423(a)(1)(A) · 134 Stat. 11

    1. Amended · 28 U.S.C. § 1581(i)

       Pub. L. 116–113, § 423(a)(1)(A), (B), (D), designated existing provisions as par. (1)

    2. Redesignated · 28 U.S.C. § 1581(i)

       Pub. L. 116–113, § 423(a)(1)(A), (B), (D), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1)

    3. Added · 28 U.S.C. § 1581(i)

       Pub. L. 116–113, § 423(a)(1)(A), (B), (D), added par. (2)

    4. Struck · 28 U.S.C. § 1581(i)

       Pub. L. 116–113, § 423(a)(1)(A), (B), (D), struck out former concluding provisions which read as follows: “This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable either by the Court of International Trade under section 516A(a) of the Tariff Act of 1930 or by a bi­national panel under article 1904 of the North American Free Trade Agreement or the United States-Canada Free-Trade Agreement and section 516A(g) of the Tariff Act of 1930.”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 116–113, § 423(a)(1)(A), (B), (D), designated existing provisions as par. (1), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), added par. (2), and struck out former concluding provisions which read as follows: “This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable either by the Court of International Trade under section 516A(a) of the Tariff Act of 1930 or by a bi­national panel under article 1904 of the North American Free Trade Agreement or the United States-Canada Free-Trade Agreement and section 516A(g) of the Tariff Act of 1930.”

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;

    Effective date note
    Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under section 1516a of Title 19, Customs Duties, or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of Title 19.

11. 2020

    United States-Mexico-Canada Agreement Implementation Act

    Pub. L. 116–113 § 423(a)(1)(C) · 134 Stat. 11

    Substituted · 28 U.S.C. § 1581(i)(1)(D)

    Pub. L. 116–113, § 423(a)(1)(C), substituted “subparagraphs (A) through (C) of this paragraph” for “paragraphs (1)–(3) of this subsection”

    Source evidence

    Code amendment note
    Subsec. (i)(1)(D). Pub. L. 116–113, § 423(a)(1)(C), substituted “subparagraphs (A) through (C) of this paragraph” for “paragraphs (1)–(3) of this subsection”.

    Enacted provision · exact public law section
    (C) in subparagraph (D), as redesignated by subparagraph (A), by striking “paragraphs (1)–(3) of this subsection” and inserting “subparagraphs (A) through (C) of this paragraph”; and

    Effective date note
    Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under section 1516a of Title 19, Customs Duties, or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of Title 19.

17 of 17 references resolved to an enrolled provision