§ 1582. Civil actions commenced by the United States

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. § 1582

   Added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, 94 Stat. 1729

   Source evidence

   Code source credit
   Added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, 94 Stat. 1729

   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)(2) · 98 Stat. 2948

   Inserted · 28 U.S.C. § 1582(1)

   Pub. L. 98–573 inserted references to section 641(a)(1)(C) and 641(d)(2)(A) of the Tariff Act of 1930

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 98–573 inserted references to section 641(a)(1)(C) and 641(d)(2)(A) of the Tariff Act of 1930.

   Enacted provision · exact public law section
   (2) Section 1582(1) is amended to read as follows: “(1) to recover a civil penalty under section 592, 641(a)(1)(C), 641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff Act of 1930;”. 19 USC 1592, 1641, 1671, 1673c.

   Effective date note
   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.

3. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 title XVIII § 1891(2) · 100 Stat. 2085

   Substituted · 28 U.S.C. § 1582(1)

   Pub. L. 99–514 substituted “641(b)(6)” for “641(a)(1)(C)”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 99–514 substituted “641(b)(6)” for “641(a)(1)(C)”.

   Enacted provision · exact public law section
   (2) by striking out “641(a)(1)(C)” in section 1582(1) and inserting in lieu thereof ”641(b)(6)”.

4. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 title VI § 684(c) · 107 Stat. 2057

   Inserted · 28 U.S.C. § 1582(1)

   Pub. L. 103–182 inserted “593A,” after “592,”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 103–182 inserted “593A,” after “592,”.

   Enacted provision · exact public law section
   (c) Jurisdiction of Court.— Section 1582(1) of title 28, United States Code, is amended by inserting “593A,” after “592,”.

4 of 4 references resolved to an enrolled provision