
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: 28USC2640]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
           CHAPTER 169--COURT OF INTERNATIONAL TRADE PROCEDURE
 
Sec. 2640. Scope and standard of review

    (a) The Court of International Trade shall make its determinations 
upon the basis of the record made before the court in the following 
categories of civil actions:
        (1) Civil actions contesting the denial of a protest under 
    section 515 of the Tariff Act of 1930.
        (2) Civil actions commenced under section 516 of the Tariff Act 
    of 1930.
        (3) Civil actions commenced to review a final determination made 
    under section 305(b)(1) of the Trade Agreements Act of 1979.
        (4) Civil actions commenced under section 777(c)(2) of the 
    Tariff Act of 1930.
        (5) Civil actions commenced to review any decision of the 
    Secretary of the Treasury under section 641 of the Tariff Act of 
    1930, with the exception of decisions under section 641(d)(2)(B), 
    which shall be governed by subdivision (d) of this section.
        (6) Civil actions commenced under section 1582 of this title.

    (b) In any civil action commenced in the Court of International 
Trade under section 516A of the Tariff Act of 1930, the court shall 
review the matter as specified in subsection (b) of such section.
    (c) In any civil action commenced in the Court of International 
Trade to review any final determination of the Secretary of Labor under 
section 223 of the Trade Act of 1974 or any final determination of the 
Secretary of Commerce under section 251 or section 271 of such Act, the 
court shall review the matter as specified in section 284 of such Act.
    (d) In any civil action commenced to review any order or decision of 
the Customs Service under section 499(b) of the Tariff Act of 1930, the 
court shall review the action on the basis of the record before the 
Customs Service at the time of issuing such decision or order.
    (e) In any civil action not specified in this section, the Court of 
International Trade shall review the matter as provided in section 706 
of title 5.

(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat. 
1736; amended Pub. L. 98-573, title II, Sec. 212(b)(5), Oct. 30, 1984, 
98 Stat. 2984; Pub. L. 103-182, title VI, Sec. 684(a)(4), Dec. 8, 1993, 
107 Stat. 2219.)

                       References in Text

    Section 515 of the Tariff Act of 1930, referred to in subsec. 
(a)(1), is classified to section 1515 of Title 19, Customs Duties.
    Section 516 of the Tariff Act of 1930, referred to in subsec. 
(a)(2), is classified to section 1516 of Title 19.
    Section 305(b)(1) of the Trade Agreements Act of 1979, referred to 
in subsec. (a)(3), is classified to section 2515(b)(1) of Title 19.
    Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. 
(a)(4), is classified to section 1677f(c)(2) of Title 19.
    Section 641 of the Tariff Act of 1930, referred to in subsec. 
(a)(5), is classified to section 1641 of Title 19.
    Section 516A of the Tariff Act of 1930, referred to in subsec. (b), 
is classified to section 1516a of Title 19.
    Sections 223, 251, 271, and 284 of the Trade Act of 1974, referred 
to in subsec. (c), are classified to sections 2273, 2341, 2371, and 
2395, respectively, of Title 19, Customs Duties. Section 2371 of Title 
19 was omitted from the Code as terminated Sept. 30, 1982.
    Section 499(b) of the Tariff Act of 1930, referred to in subsec. 
(d), is classified to section 1499(b) of Title 19.


                            Prior Provisions

    A prior section 2640, act June 25, 1948, ch. 646, 62 Stat. 982, 
authorized the division which had decided a case or the single judge who 
had decided an appeal for a reappraisement to grant a rehearing or 
retrial, prior to repeal by Pub. L. 91-271, title I, Sec. 121, June 2, 
1970, 84 Stat. 281. See section 2646 of this title.


                               Amendments

    1993--Subsecs. (d), (e). Pub. L. 103-182 added subsec. (d) and 
redesignated former subsec. (d) as (e).
    1984--Subsec. (a)(5). Pub. L. 98-573 amended par. (5) generally, 
substituting ``under section 641 of the Tariff Act of 1930, with the 
exception of decisions under section 641(d)(2)(B), which shall be 
governed by subdivision (d) of this section'' for ``to deny or revoke a 
customhouse broker's license under section 641(a) of the Tariff Act of 
1930''.


                    Effective Date of 1984 Amendment

    Amendment by 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.


                             Effective Date

    Subsecs. (a)(5), (c), and (d) 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.
    Subsec. (a)(6) of this section applicable with respect to civil 
actions commenced on or after the 90th day after Nov. 1, 1980, see 
section 701(c)(1)(A) 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.
