
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: 28USC2631]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
           CHAPTER 169--COURT OF INTERNATIONAL TRADE PROCEDURE
 
Sec. 2631. Persons entitled to commence a civil action

    (a) A civil action contesting the denial of a protest, in whole or 
in part, under section 515 of the Tariff Act of 1930 may be commenced in 
the Court of International Trade by the person who filed the protest 
pursuant to section 514 of such Act, or by a surety on the transaction 
which is the subject of the protest.
    (b) A civil action contesting the denial of a petition under section 
516 of the Tariff Act of 1930 may be commenced in the Court of 
International Trade by the person who filed such petition.
    (c) A civil action contesting a determination listed in section 516A 
of the Tariff Act of 1930 may be commenced in the Court of International 
Trade by any interested party who was a party to the proceeding in 
connection with which the matter arose.
    (d)(1) A civil action to review any final determination of the 
Secretary of Labor under section 223 of the Trade Act of 1974 with 
respect to the eligibility of workers for adjustment assistance under 
such Act may be commenced in the Court of International Trade by a 
worker, group of workers, certified or recognized union, or authorized 
representative of such worker or group that applies for assistance under 
such Act and is aggrieved by such final determination.
    (2) A civil action to review any final determination of the 
Secretary of Commerce under section 251 of the Trade Act of 1974 with 
respect to the eligibility of a firm for adjustment assistance under 
such Act may be commenced in the Court of International Trade by a firm 
or its representative that applies for assistance under such Act and is 
aggrieved by such final determination, or by any other interested 
domestic party that is aggrieved by such final determination.
    (3) A civil action to review any final determination of the 
Secretary of Commerce under section 271 of the Trade Act of 1974 with 
respect to the eligibility of a community for adjustment assistance 
under such Act may be commenced in the Court of International Trade by a 
community that applies for assistance under such Act and is aggrieved by 
such final determination, or by any other interested domestic party that 
is aggrieved by such final determination.
    (e) A civil action to review a final determination made under 
section 305(b)(1) of the Trade Agreements Act of 1979 may be commenced 
in the Court of International Trade by any person who was a party-at-
interest with respect to such determination.
    (f) A civil action involving an application for the issuance of an 
order directing the administering authority or the International Trade 
Commission to make confidential information available under section 
777(c)(2) of the Tariff Act of 1930 may be commenced in the Court of 
International Trade by any interested party whose application for 
disclosure of such confidential information was denied under section 
777(c)(1) of such Act.
    (g)(1) A civil action to review any decision of the Secretary of the 
Treasury to deny a customs broker's license under section 641(b)(2) or 
(3) 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 such license or permit 
under section 641(b)(5) or (c)(2) of such Act, may be commenced in the 
Court of International Trade by the person whose license or permit was 
denied or revoked.
    (2) A civil action to review 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 may be commenced in the Court of International 
Trade by the person against whom the decision was issued.
    (3) A civil action to review 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 may be 
commenced in the Court of International Trade by the person whose 
accreditation was denied, suspended, or revoked.
    (h) A civil action described in section 1581(h) of this title may be 
commenced in the Court of International Trade by the person who would 
have standing to bring a civil action under section 1581(a) of this 
title if he imported the goods involved and filed a protest which was 
denied, in whole or in part, under section 515 of the Tariff Act of 
1930.
    (i) Any civil action of which the Court of International Trade has 
jurisdiction, other than an action specified in subsections (a)-(h) of 
this section, may be commenced in the court by any person adversely 
affected or aggrieved by agency action within the meaning of section 702 
of title 5.
    (j)(1) Any person who would be adversely affected or aggrieved by a 
decision in a civil action pending in the Court of International Trade 
may, by leave of court, intervene in such action, except that--
        (A) no person may intervene in a civil action under section 515 
    or 516 of the Tariff Act of 1930;
        (B) in a civil action under section 516A of the Tariff Act of 
    1930, only an interested party who was a party to the proceeding in 
    connection with which the matter arose may intervene, and such 
    person may intervene as a matter of right; and
        (C) in a civil action under section 777(c)(2) of the Tariff Act 
    of 1930, only a person who was a party to the investigation may 
    intervene, and such person may intervene as a matter of right.

    (2) In those civil actions in which intervention is by leave of 
court, the Court of International Trade shall consider whether the 
intervention will unduly delay or prejudice the adjudication of the 
rights of the original parties.
    (k) In this section--
        (1) ``interested party'' has the meaning given such term in 
    section 771(9) of the Tariff Act of 1930; and
        (2) ``party-at-interest'' means--
            (A) a foreign manufacturer, producer, or exporter, or a 
        United States importer, of merchandise which is the subject of a 
        final determination under section 305(b)(1) of the Trade 
        Agreements Act of 1979;
            (B) a manufacturer, producer, or wholesaler in the United 
        States of a like product;
            (C) United States members of a labor organization or other 
        association of workers whose members are employed in the 
        manufacture, production, or wholesale in the United States of a 
        like product;
            (D) a trade or business association a majority of whose 
        members manufacture, produce, or wholesale a like product in the 
        United States,\1\ and
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    \1\ So in original. The comma probably should be a semicolon.
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            (E) an association composed of members who represent 
        parties-at-interest described in subparagraph (B), (C), or (D).

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat. 
1730; amended Pub. L. 98-573, title II, Sec. 212(b)(3), title VI, 
Sec. 612(b)(3), Oct. 30, 1984, 98 Stat. 2983, 3034; Pub. L. 103-182, 
title VI, Sec. 684(a)(2), Dec. 8, 1993, 107 Stat. 2219.)

                       References in Text

    Section 515 of the Tariff Act of 1930, referred to in subsecs. (a), 
(h), (j)(1)(A), is classified to section 1515 of Title 19, Customs 
Duties.
    Section 514 of the Tariff Act of 1930, referred to in subsec. (a), 
is classified to section 1514 of Title 19.
    Section 516 of the Tariff Act of 1930, referred to in subsecs. (b), 
(j)(1)(A), is classified to section 1516 of Title 19.
    Section 516A of the Tariff Act of 1930, referred to in subsecs. (c), 
(j)(1)(B), is classified to section 1516a of Title 19.
    The Trade Act of 1974, referred to in subsec. (d)(1) to (3), is Pub. 
L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is classified 
principally to chapter 12 (Sec. 2101 et seq.) of Title 19. Sections 223, 
251, and 271 of the Trade Act of 1974 are classified to sections 2273, 
2341, and 2371, respectively, of Title 19. Section 2371 of Title 19 was 
omitted from the Code as terminated Sept. 30, 1982. For complete 
classification of this Act to the Code, see References in Text note set 
out under section 2101 of Title 19 and Tables.
    Section 305(b)(1) of the Trade Agreements Act of 1979, referred to 
in subsecs. (e), (k)(2)(A), is classified to section 2515(b)(1) of Title 
19.
    Section 777 of the Tariff Act of 1930, referred to in subsecs. (f), 
(j)(1)(C), is classified to section 1677f 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. 
(g)(3), is classified to section 1499(b) of Title 19.
    Section 771(9) of the Tariff Act of 1930, referred to in subsec. 
(k)(1), is classified to section 1677(9) of Title 19.


                            Prior Provisions

    A prior section 2631, acts June 25, 1948, ch. 646, 62 Stat. 980; May 
24, 1949, ch. 139, Sec. 122, 63 Stat. 106; June 2, 1970, Pub. L. 91-271, 
title I, Sec. 112, 84 Stat. 278; Jan. 3, 1975, Pub. L. 93-618, title 
III, Sec. 321(f)(2), 88 Stat. 2048, related to time for commencement of 
action, prior to the general revision of this chapter by Pub. L. 96-417. 
See section 2636 of this title.


                               Amendments

    1993--Subsec. (g)(3). Pub. L. 103-182 added par. (3).
    1984--Subsec. (g). Pub. L. 98-573, Sec. 212(b)(3), amended subsec. 
(g) generally. Prior to amendment, subsec. (g) read as follows:
    ``(1) A civil action to review any decision of the Secretary of the 
Treasury to deny or revoke a customhouse broker's license under section 
641(a) of the Tariff Act of 1930 may be commenced in the Court of 
International Trade by the person whose license was denied or revoked.
    ``(2) A civil action to review 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 may be commenced in the Court 
of International Trade by the person whose license was revoked or 
suspended.''
    Subsec. (k)(2)(E). Pub. L. 98-573, Sec. 612(b)(3), added subpar. 
(E).


                    Effective Date of 1984 Amendment

    Amendment by section 212(b)(3) 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 612(b)(3) of Pub. L. 98-573 applicable with 
respect to investigations initiated by petition or by the administering 
authority under subtitle A or B of title VII of the Tariff Act of 1930 
(19 U.S.C. 1671 et seq., 1673 et seq.), and to reviews begun under 
section 751 of that Act (19 U.S.C. 1675), on or after Oct. 30, 1984, see 
section 626(b)(1) of Pub. L. 98-573, as amended, set out as a note under 
section 1671 of Title 19.


                             Effective Date

    Chapter effective Nov. 1, 1980, unless otherwise provided, and 
applicable with respect to civil actions pending on or commenced on or 
after such date, see section 701(a) of Pub. L. 96-417, set out as an 
Effective Date of 1980 Amendment note under section 251 of this title.
    Subsecs. (d) and (g) to (j) of this 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.


                      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.
