
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: 28USC2637]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
           CHAPTER 169--COURT OF INTERNATIONAL TRADE PROCEDURE
 
Sec. 2637. Exhaustion of administrative remedies

    (a) A civil action contesting the denial of a protest under section 
515 of the Tariff Act of 1930 may be commenced in the Court of 
International Trade only if all liquidated duties, charges, or exactions 
have been paid at the time the action is commenced, except that a 
surety's obligation to pay such liquidated duties, charges, or exactions 
is limited to the sum of any bond related to each entry included in the 
denied 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 only by a person who has first exhausted the 
procedures set forth in such section.
    (c) A civil action described in section 1581(h) of this title may be 
commenced in the Court of International Trade prior to the exhaustion of 
administrative remedies if the person commencing the action makes the 
demonstration required by such section.
    (d) In any civil action not specified in this section, the Court of 
International Trade shall, where appropriate, require the exhaustion of 
administrative remedies.

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat. 
1735.)

                       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.


                            Prior Provisions

    A prior section 2637, acts June 25, 1948, ch. 646, 62 Stat. 982; 
June 2, 1970, Pub. L. 91-271, title I, Sec. 118, 84 Stat. 280; July 26, 
1979, Pub. L. 96-39, title X, Sec. 1001(b)(4)(E), 93 Stat. 306, related 
to witnesses and inspection of documents, prior to the general revision 
of this chapter by Pub. L. 96-417. See section 2641 of this title.


                             Effective Date

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