Collapse to view only § 1585. Powers in law and equity
- § 1581. Civil actions against the United States and agencies and officers thereof
- § 1582. Civil actions commenced by the United States
- § 1583. Counterclaims, cross-claims, and third-party actions
- § 1584. Civil actions under the United States-Canada Free-Trade Agreement or the USMCA
- § 1585. Powers in law and equity
§ 1581. Civil actions against the United States and agencies and officers thereof
(a) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to contest the denial of a protest, in whole or in part, under section 515 of the Tariff Act of 1930.
(b) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516 of the Tariff Act of 1930.
(c) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516A or 517 of the Tariff Act of 1930.
(d) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review—
(1) 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;
(2) 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;
(3) any final determination of the Secretary of Commerce under section 273 1
1 See References in Text note below.
of the Trade Act of 1974 with respect to the eligibility of a community for adjustment assistance under such Act; and(4) any final determination of the Secretary of Agriculture under section 293 or 296 of the Trade Act of 1974 (19 U.S.C. 2401b) 1 with respect to the eligibility of a group of agricultural commodity producers for adjustment assistance under such Act.
(e) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review any final determination of the Secretary of the Treasury under section 305(b)(1) of the Trade Agreements Act of 1979.
(f) The Court of International Trade shall have exclusive jurisdiction of any civil action involving an application for 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.
(g) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review—
(1) 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 a license or permit under section 641(b)(5) or (c)(2) of such Act;
(2) 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; and
(3) 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.
(h) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review, prior to the importation of the goods involved, a ruling issued by the Secretary of the Treasury, or a refusal to issue or change such a ruling, relating to classification, valuation, rate of duty, marking, restricted merchandise, entry requirements, drawbacks, vessel repairs, or similar matters, but only if the party commencing the civil action demonstrates to the court that he would be irreparably harmed unless given an opportunity to obtain judicial review prior to such importation.
(i)
(1) In addition to the jurisdiction conferred upon the Court of International Trade by subsections (a)–(h) of this section and subject to the exception set forth in subsection (j) of this section, the Court of International Trade shall have exclusive jurisdiction of any civil action commenced against the United States, its agencies, or its officers, that arises out of any law of the United States providing for—
(A) revenue from imports or tonnage;
(B) tariffs, duties, fees, or other taxes on the importation of merchandise for reasons other than the raising of revenue;
(C) embargoes or other quantitative restrictions on the importation of merchandise for reasons other than the protection of the public health or safety; or
(D) administration and enforcement with respect to the matters referred to in subparagraphs (A) through (C) of this paragraph and subsections (a)–(h) of this section.
(2) This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable by—
(A) the Court of International Trade under section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)); or
(B) a binational panel under section 516A(g) of the Tariff Act of 1930 (19 U.S.C. 1516a(g)).
(j) The Court of International Trade shall not have jurisdiction of any civil action arising under section 305 of the Tariff Act of 1930.
(Added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, 94 Stat. 1728; amended Pub. L. 98–573, title II, § 212(b)(1), Oct. 30, 1984, 98 Stat. 2983; Pub. L. 99–514, title XVIII, § 1891(1), Oct. 22, 1986, 100 Stat. 2926; Pub. L. 100–449, title IV, § 402(a), Sept. 28, 1988, 102 Stat. 1883; Pub. L. 103–182, title IV, § 414(a)(1), title VI, § 684(a)(1), Dec. 8, 1993, 107 Stat. 2147, 2219; Pub. L. 111–5, div. B, title I, § 1873(b)(2), Feb. 17, 2009, 123 Stat. 414; Pub. L. 114–125, title IV, § 421(b), Feb. 24, 2016, 130 Stat. 168; Pub. L. 116–113, title IV, § 423(a)(1), Jan. 29, 2020, 134 Stat. 65.)
§ 1582. Civil actions commenced by the United States
The Court of International Trade shall have exclusive jurisdiction of any civil action which arises out of an import transaction and which is commenced by the United States—
(1) to recover a civil penalty under section 592, 593A, 641(b)(6), 641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff Act of 1930;
(2) to recover upon a bond relating to the importation of merchandise required by the laws of the United States or by the Secretary of the Treasury; or
(3) to recover customs duties.
(Added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, 94 Stat. 1729; amended Pub. L. 98–573, title II, § 212(b)(2), Oct. 30, 1984, 98 Stat. 2983; Pub. L. 99–514, title XVIII, § 1891(2), Oct. 22, 1986, 100 Stat. 2926; Pub. L. 103–182, title VI, § 684(c), Dec. 8, 1993, 107 Stat. 2219.)
§ 1583. Counterclaims, cross-claims, and third-party actions
In any civil action in the Court of International Trade, the court shall have exclusive jurisdiction to render judgment upon any counterclaim, cross-claim, or third-party action of any party, if (1) such claim or action involves the imported merchandise that is the subject matter of such civil action, or (2) such claim or action is to recover upon a bond or customs duties relating to such merchandise.
(Added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, 94 Stat. 1729.)
§ 1584. Civil actions under the United States-Canada Free-Trade Agreement or the USMCA
The United States Court of International Trade shall have exclusive jurisdiction of any civil action which arises under section 777(f) of the Tariff Act of 1930 and is commenced by the United States to enforce administrative sanctions levied for violation of a protective order or an undertaking.
(Added Pub. L. 100–449, title IV, § 402(d)(1), Sept. 28, 1988, 102 Stat. 1884; amended Pub. L. 103–182, title IV, § 414(a)(2), Dec. 8, 1993, 107 Stat. 2147; Pub. L. 116–113, title IV, § 423(a)(2), Jan. 29, 2020, 134 Stat. 65.)
§ 1585. Powers in law and equity
The Court of International Trade shall possess all the powers in law and equity of, or as conferred by statute upon, a district court of the United States.
(Added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, 94 Stat. 1730.)