                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
     SUBCHAPTER II--RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
 
                    Part 5--Miscellaneous Provisions
 
Sec. 2395. Judicial review


(a) Petition for review; time and place of filing

    A worker, group of workers, certified or recognized union, or 
authorized representative of such worker or group aggrieved by a final 
determination of the Secretary of Labor under section 2273 of this title 
or section 2331(c) of this title, a firm or its representative or any 
other interested domestic party aggrieved by a final determination of 
the Secretary of Commerce under section 2341 of this title, or a 
community or any other interested domestic party aggrieved by a final 
determination of the Secretary of Commerce under section 2371 \1\ of 
this title may, within sixty days after notice of such determination 
commence a civil action in the United States Court of International 
Trade for review of such determination. The clerk of such court shall 
send a copy of the summons and the complaint in such action to the 
Secretary of Labor or the Secretary of Commerce, as the case may be. 
Upon receiving a copy of such summons and complaint, such Secretary 
shall promptly certify and file in such court the record on which he 
based such determination.
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    \1\ See References in Text note below.
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(b) Findings of fact by Secretary; conclusiveness; new or modified 
        findings

    The findings of fact by the Secretary of Labor or the Secretary of 
Commerce, as the case may be, if supported by substantial evidence, 
shall be conclusive; but the court, for good cause shown, may remand the 
case to such Secretary to take further evidence, and such Secretary may 
thereupon make new or modified findings of fact and may modify his 
previous action, and shall certify to the court the record of the 
further proceedings. Such new or modified findings of fact shall 
likewise be conclusive if supported by substantial evidence.

(c) Determination; review by Supreme Court

    The Court of International Trade shall have jurisdiction to affirm 
the action of the Secretary of Labor or the Secretary of Commerce, as 
the case may be, or to set such action aside, in whole or in part. The 
judgment of the Court of International Trade shall be subject to review 
by the United States Court of Appeals for the Federal Circuit as 
prescribed by the rules of such court. The judgment of the Court of 
Appeals for the Federal Circuit shall be subject to review by the 
Supreme Court of the United States upon certiorari as provided in 
section 1256 \1\ of title 28.

(Pub. L. 93-618, title II, Sec. 284, as added Pub. L. 96-417, title VI, 
Sec. 613(a), Oct. 10, 1980, 94 Stat. 1746; amended Pub. L. 97-164, title 
I, Sec. 163(a)(5), Apr. 2, 1982, 96 Stat. 49; Pub. L. 103-182, title V, 
Sec. 503(d), Dec. 8, 1993, 107 Stat. 2151.)

                       References in Text

    Section 2371 of this title, referred to in subsec. (a), was omitted 
from the Code as terminated Sept. 30, 1982, pursuant to section 285 of 
Pub. L. 93-618, as amended, set out as a Termination Date note preceding 
section 2271 of this title.
    Section 1256 of title 28, referred to in subsec. (c), was repealed 
by Pub. L. 97-164, title I, Sec. 123, Apr. 2, 1982, 96 Stat. 36.


                               Amendments

    1993--Subsec. (a). Pub. L. 103-182 inserted reference to section 
2331(c) of this title.
    1982--Subsec. (c). Pub. L. 97-164 substituted ``Court of Appeals for 
the Federal Circuit'' for ``Court of Customs and Patent Appeals''.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-182 effective on the date the North 
American Free Trade Agreement enters into force with respect to the 
United States [Jan. 1, 1994], see section 506(a) of Pub. L. 103-182, set 
out as an Effective Date note under section 2331 of this title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


                             Effective Date

    Section applicable with respect to civil actions commenced on or 
after Nov. 1, 1980, see section 701(b)(3) of Pub. L. 96-417 set out as 
an Effective Date of 1980 Amendment note under section 251 of Title 28, 
Judiciary and Judicial Procedure.

                  Section Referred to in Other Sections

    This section is referred to in title 16 section 79l; title 28 
section 2640.
