
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC1659]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                            PART V--PROCEDURE
 
                     CHAPTER 111--GENERAL PROVISIONS
 
Sec. 1659. Stay of certain actions pending disposition of 
        related proceedings before the United States International Trade 
        Commission
        
    (a) Stay.--In a civil action involving parties that are also parties 
to a proceeding before the United States International Trade Commission 
under section 337 of the Tariff Act of 1930, at the request of a party 
to the civil action that is also a respondent in the proceeding before 
the Commission, the district court shall stay, until the determination 
of the Commission becomes final, proceedings in the civil action with 
respect to any claim that involves the same issues involved in the 
proceeding before the Commission, but only if such request is made 
within--
        (1) 30 days after the party is named as a respondent in the 
    proceeding before the Commission, or
        (2) 30 days after the district court action is filed,

whichever is later.
    (b) Use of Commission Record.--Notwithstanding section 337(n)(1) of 
the Tariff Act of 1930, after dissolution of a stay under subsection 
(a), the record of the proceeding before the United States International 
Trade Commission shall be transmitted to the district court and shall be 
admissible in the civil action, subject to such protective order as the 
district court determines necessary, to the extent permitted under the 
Federal Rules of Evidence and the Federal Rules of Civil Procedure.

(Added Pub. L. 103-465, title III, Sec. 321(b)(1)(A), Dec. 8, 1994, 108 
Stat. 4945.)

                       References in Text

    Section 337 of the Tariff Act of 1930, referred to in text, is 
classified to section 1337 of Title 19, Customs Duties.
    The Federal Rules of Evidence and the Federal Rules of Civil 
Procedure, referred to in subsec. (b), are set out in the Appendix to 
this title.


                             Effective Date

    Section applicable with respect to complaints filed under section 
1337 of Title 19, Customs Duties, on or after the date on which the 
World Trade Organization Agreement enters into force with respect to the 
United States [Jan. 1, 1995], or in cases under section 1337 of Title 19 
in which no complaint is filed, with respect to investigations initiated 
under such section on or after such date, see section 322 of Pub. L. 
103-465, set out as an Effective Date of 1994 Amendment note under 
section 1337 of Title 19.
