United States Code (Last Updated: May 24, 2014) |
Title 28. JUDICIARY AND JUDICIAL PROCEDURE |
Part VI. PARTICULAR PROCEEDINGS |
Chapter 169. COURT OF INTERNATIONAL TRADE PROCEDURE |
§ 2643. Relief
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(a) The Court of International Trade may enter a money judgment— (1) for or against the United States in any civil action commenced under section 1581 or 1582 of this title; and (2) for or against the United States or any other party in any counterclaim, cross-claim, or third-party action under section 1583 of this title. (b) If the Court of International Trade is unable to determine the correct decision on the basis of the evidence presented in any civil action, the court may order a retrial or rehearing for all purposes, or may order such further administrative or adjudicative procedures as the court considers necessary to enable it to reach the correct decision. (c) (1) Except as provided in paragraphs (2), (3), (4), and (5) of this subsection, the Court of International Trade may, in addition to the orders specified in subsections (a) and (b) of this section, order any other form of relief that is appropriate in a civil action, including, but not limited to, declaratory judgments, orders of remand, injunctions, and writs of mandamus and prohibition. (2) The Court of International Trade may not grant an injunction or issue a writ of mandamus in any civil action commenced 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. (3) In any 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, the Court of International Trade may issue an order of disclosure only with respect to the information specified in such section. (4) In any civil action described in section 1581(h) of this title, the Court of International Trade may only order the appropriate declaratory relief. (5) In any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930), as determined by the administering authority, the Court of International Trade may not order declaratory relief. (d) If a surety commences a civil action in the Court of International Trade, such surety shall recover only the amount of the liquidated duties, charges, or exactions paid on the entries included in such action. The excess amount of any recovery shall be paid to the importer of record. (e) In any proceeding involving assessment or collection of a monetary penalty under section 641(b)(6) or 641(d)(2)(A) of the Tariff Act of 1930, the court may not render judgment in an amount greater than that sought in the initial pleading of the United States, and may render judgment in such lesser amount as shall seem proper and just to the court.
Amendments
For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.
References In Text
Sections 223, 251, and 271 of the Trade Act of 1974, referred to in subsec. (c)(2), 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
Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (c)(3), is classified to section 1677f(c)(2) of Title 19.
Section 516A(f)(10) of the Tariff Act of 1930, referred to in subsec. (c)(5), is classified to section 1516a(f)(10) of Title 19.
Section 641 of the Tariff Act of 1930, referred to in subsec. (e), is classified to section 1641 of Title 19.
Amendments
1993—Subsec. (c)(5). Pub. L. 103–182 substituted “merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930)” for “Canadian merchandise”.
1988—Subsec. (c). Pub. L. 100–449 temporarily substituted “(4), and (5)” for “and (4)” in par. (1) and added par. (5). See Effective and Termination Dates of 1988 Amendment note below.
1984—Subsec. (e). Pub. L. 98–573 added subsec. (e).
Effective Date Of Amendment
Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [
Amendment by Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (
Amendment by Pub. L. 98–573 effective on close of 180th day after
Effective Date
Subsecs. (a) and (c)(2), (4) of this section applicable with respect to civil actions commenced on or after
Miscellaneous
For provisions relating to effect of termination of NAFTA country status on sections 401 to 416 of Pub. L. 103–182, see section 3451 of Title 19, Customs Duties.