
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: 28USC2636]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
           CHAPTER 169--COURT OF INTERNATIONAL TRADE PROCEDURE
 
Sec. 2636. Time for commencement of action

    (a) A civil action contesting the denial, in whole or in part, of a 
protest under section 515 of the Tariff Act of 1930 is barred unless 
commenced in accordance with the rules of the Court of International 
Trade--
        (1) within one hundred and eighty days after the date of mailing 
    of notice of denial of a protest under section 515(a) of such Act; 
    or
        (2) within one hundred and eighty days after the date of denial 
    of a protest by operation of law under the provisions of section 
    515(b) of such Act.

    (b) A civil action contesting the denial of a petition under section 
516 of the Tariff Act of 1930 is barred unless commenced in accordance 
with the rules of the Court of International Trade within thirty days 
after the date of mailing of a notice pursuant to section 516(c) of such 
Act.
    (c) A civil action contesting a reviewable determination listed in 
section 516A of the Tariff Act of 1930 is barred unless commenced in 
accordance with the rules of the Court of International Trade within the 
time specified in such section.
    (d) A civil action contesting a final determination of the Secretary 
of Labor under section 223 of the Trade Act of 1974 or a final 
determination of the Secretary of Commerce under section 251 or section 
271 of such Act is barred unless commenced in accordance with the rules 
of the Court of International Trade within sixty days after the date of 
notice of such determination.
    (e) A civil action contesting a final determination made under 
section 305(b)(1) of the Trade Agreements Act of 1979 is barred unless 
commenced in accordance with the rules of the Court of International 
Trade within thirty days after the date of the publication of such 
determination in the Federal Register.
    (f) A civil action involving an application for the issuance of an 
order making confidential information available under section 777(c)(2) 
of the Tariff Act of 1930 is barred unless commenced in accordance with 
the rules of the Court of International Trade within ten days after the 
date of the denial of the request for such confidential information.
    (g) A civil action contesting the denial or revocation by the 
Secretary of the Treasury of a customs broker's license or permit under 
subsection (b) or (c) of section 641 of the Tariff Act of 1930, or the 
revocation or suspension of such license or permit or the imposition of 
a monetary penalty in lieu thereof by such Secretary under section 
641(d) of such Act, is barred unless commenced in accordance with the 
rules of the Court of International Trade within sixty days after the 
date of the entry of the decision or order of such Secretary.
    (h) A civil action contesting the denial, suspension, or revocation 
by the Customs Service of a private laboratory's accreditation under 
section 499(b) of the Tariff Act of 1930 is barred unless commenced in 
accordance with the rules of the Court of International Trade within 60 
days after the date of the decision or order of the Customs Service.
    (i) A civil action of which the Court of International Trade has 
jurisdiction under section 1581 of this title, other than an action 
specified in subsections (a)-(h) of this section, is barred unless 
commenced in accordance with the rules of the court within two years 
after the cause of action first accrues.

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat. 
1734; amended Pub. L. 98-573, title II, Sec. 212(b)(4), title VI, 
Sec. 623(b)(1), Oct. 30, 1984, 98 Stat. 2984, 3041; Pub. L. 103-182, 
title VI, Sec. 684(a)(3), Dec. 8, 1993, 107 Stat. 2219.)

                       References in Text

    Section 515 of the Tariff Act of 1930, referred to in subsec. (a), 
is classified to section 1515 of Title 19, Customs Duties.
    Section 516 of the Tariff Act of 1930, referred to in subsec. (b), 
is classified to section 1516 of Title 19.
    Section 516A of the Tariff Act of 1930, referred to in subsec. (c), 
is classified to section 1516a of Title 19.
    Sections 223, 251, and 271 of the Trade Act of 1974, referred to in 
subsec. (d), are classified to sections 2273, 2341, and 2371, 
respectively, of Title 19, Customs Duties. Section 2371 of Title 19 was 
omitted from the Code as terminated Sept. 30, 1982.
    Section 305(b)(1) of the Trade Agreements Act of 1979, referred to 
in subsec. (e), is classified to section 2515(b)(1) of Title 19.
    Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. 
(f), is classified to section 1677f(c)(2) 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. 
(h), is classified to section 1499(b) of Title 19.


                            Prior Provisions

    A prior section 2636, acts June 25, 1948, ch. 646, 62 Stat. 981; 
June 2, 1970, Pub. L. 91-271, title I, Sec. 117, 84 Stat. 280, related 
to analysis of imported merchandise, prior to the general revision of 
this chapter by Pub. L. 96-417. See section 2642 of this title.


                               Amendments

    1993--Subsecs. (h), (i). Pub. L. 103-182 added subsec. (h) and 
redesignated former subsec. (h) as (i).
    1984--Subsec. (c). Pub. L. 98-573, Sec. 623(b)(1)(A), amended 
subsec. (c) generally, striking out ``, other than a determination under 
section 703(b), 703(c), 733(b), or 733(c) of such Act,'' and 
substituting ``within the time specified in such section'' for ``within 
thirty days after the date of the publication of such determination in 
the Federal Register''.
    Subsec. (d). Pub. L. 98-573, Sec. 623(b)(1)(B), redesignated subsec. 
(e) as (d). Former subsec. (d), which provided that civil actions 
contesting certain determinations by the administering authority under 
sections 703(b), (c), and 733(b), (c), of the Tariff Act of 1930 were 
barred unless commenced in accordance with the rules of the Court of 
International Trade within 10 days after publication of the 
determination in the Federal Register, was struck out.
    Subsecs. (e) to (g). Pub. L. 98-573, Sec. 623(b)(1)(B), redesignated 
subsecs. (f) to (h) as (e) to (g), respectively. Former subsec. (e) 
redesignated (d).
    Subsec. (h). Pub. L. 98-573, Sec. 623(b)(1)(B), redesignated subsec. 
(i) as (h). Former subsec. (h) redesignated (g).
    Pub. L. 98-573, Sec. 212(b)(4), amended subsec. (h) generally, 
substituting ``customs broker's license or permit under subsection (b) 
or (c) of section 641 of the Tariff Act of 1930, or the revocation or 
suspension of such license or permit or the imposition of a monetary 
penalty in lieu thereof by such Secretary under section 641(d) of such 
Act,'' for ``customhouse broker's license under section 641(a) of the 
Tariff Act of 1930 or the revocation or suspension by such Secretary of 
a customhouse broker's license under section 641(b) of such Act''.
    Subsec. (i). Pub. L. 98-573, Sec. 623(b)(1)(B), redesignated subsec. 
(i) as (h).


                    Effective Date of 1984 Amendment

    Amendment by section 212(b)(4) 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 623(b)(1) of Pub. L. 98-573 applicable with 
respect to civil actions pending on, or filed on or after, Oct. 30, 
1984, see section 626(b)(2) of Pub. L. 98-573, set out as a note under 
section 1671 of Title 19.


                             Effective Date

    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, set out 
as an Effective Date of 1980 Amendment note under section 251 of this 
title.


                      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.

                  Section Referred to in Other Sections

    This section is referred to in title 19 sections 1514, 1515.
