Petition for review; time and place of filing
section 2273 of this titlesection 2341 of this titlesection 2401(2) of this titlesection 2401b of this title1
Findings of fact by Secretary; conclusiveness; new or modified findings
The findings of fact by the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to such Secretary to take further evidence, and such Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
Determination; review by Supreme Court
1The Court of International Trade shall have jurisdiction to affirm the action of the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, or to set such action aside, in whole or in part. The judgment of the Court of International Trade shall be subject to review by the United States Court of Appeals for the Federal Circuit as prescribed by the rules of such court. The judgment of the Court of Appeals for the Federal Circuit shall be subject to review by the Supreme Court of the United States upon certiorari as provided in section 1256 of title 28.
Pub. L. 93–618, title II, § 284Pub. L. 96–417, title VI, § 613(a)94 Stat. 1746Pub. L. 97–164, title I, § 163(a)(5)96 Stat. 49Pub. L. 103–182, title V, § 503(d)107 Stat. 2151Pub. L. 107–210, div. A, title I116 Stat. 944Pub. L. 108–429, title II, § 2004(a)(11)(A)118 Stat. 2590Pub. L. 111–5, div. B, title I, § 1873(b)(1)123 Stat. 414Pub. L. 112–40, title II, § 201(b)125 Stat. 403Pub. L. 114–27, title IV, § 402(b)129 Stat. 374(, as added , , ; amended , , ; , , ; , §§ 123(b)(4), 142(a), , , 953; , , ; , , ; , (c), , ; , (c), , .)
Editorial Notes
References in Text
Section 2371 of this titlesection 271 of Pub. L. 93–618section 285 of Pub. L. 93–618section 2271 of this titleSection 285 of Pub. L. 93–618Pub. L. 107–210, div. A, title I, § 111(c)116 Stat. 936section 271 of Pub. L. 93–618Pub. L. 111–5Pub. L. 112–40section 2371 of this title, referred to in subsec. (a), means , which related to determinations by the Secretary of Commerce for community eligibility for adjustment assistance and was omitted from the Code as terminated , pursuant to , set out as a Termination Date note preceding . was amended generally by , , , after which it no longer contained such termination provisions. Another , added as section 278 by and renumbered as section 271 by , relates to a Community College and Career Training Grant Program and is classified to .
Section 1256 of title 28Pub. L. 97–164, title I, § 12396 Stat. 36, referred to in subsec. (c), was repealed by , , .
Codification
Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.
Section 233 of Pub. L. 112–40Pub. L. 114–27, title IV, § 402(a)129 Stat. 374Pub. L. 114–27, which provided for the , revival of this section as in effect on , was repealed by , , , and the provisions of this section, as in effect on , were temporarily revived, effective , until , by , §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below.
Section 1893 of Pub. L. 111–5Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)125 Stat. 403Pub. L. 111–5Pub. L. 112–40, which provided for , termination of amendment by , was repealed by , , , and the provisions of this section, as amended by and as in effect on , were temporarily revived, effective , until , by , §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.
Amendments
Pub. L. 114–272015—, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.
Pub. L. 112–402011—, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.
Pub. L. 111–52009—Subsec. (a). , §§ 1873(b)(1)(C), 1893, temporarily substituted “section 2371b” for “section 2371”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–5, §§ 1873(b)(1)(B), 1893, which directed the temporary substitution of “or authorized representative of a community” for “or any other interested domestic party”, was executed by making the temporary substitution for “or any other interested domestic party” the second time appearing to reflect the probable intent of Congress. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–5, §§ 1873(b)(1)(A), 1893, temporarily inserted “or 2401e” after “section 2401b”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 108–429, § 2004(a)(11)(A)Pub. L. 107–210, § 142(a)(1)2004—, amended directory language of . See 2002 Amendment notes below.
Pub. L. 107–210, § 142(a)(1)Pub. L. 108–429, § 2004(a)(11)(A)section 2401(2) of this titlesection 2401b of this titlesection 2341 of this title2002—Subsec. (a). , as amended by , inserted “an agricultural commodity producer (as defined in ) aggrieved by a determination of the Secretary of Agriculture under ,” after “,” in first sentence and substituted “, the Secretary of Commerce, or the Secretary of Agriculture” for “or the Secretary of Commerce” in second sentence.
Pub. L. 107–210, § 123(b)(4)section 2331(c) of this titlesection 2273 of this title, struck out “or ” after “”.
Pub. L. 107–210, § 142(a)(1)(B)Pub. L. 108–429, § 2004(a)(11)(A)(i)Subsecs. (b), (c). , as amended by , substituted “, the Secretary of Commerce, or the Secretary of Agriculture” for “or the Secretary of Commerce”.
Pub. L. 103–182section 2331(c) of this title1993—Subsec. (a). inserted reference to .
Pub. L. 97–1641982—Subsec. (c). substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 Revival
Pub. L. 114–27section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of , set out as a note preceding .
section 406(b) of Pub. L. 114–27section 406 of Pub. L. 114–27section 2271 of this titleFor reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to , see , set out as a note preceding .
Effective and Termination Dates of 2011 Revival
Pub. L. 112–40section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of , set out as a note preceding .
Section 233 of Pub. L. 112–40section 2271 of this titlePub. L. 114–27, title IV, § 402(a)129 Stat. 374, formerly set out as a note preceding , which provided for the reversion, beginning on , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by , , , effective . See Codification note above.
Effective and Termination Dates of 2009 Amendment
Pub. L. 111–5section 1891 of Pub. L. 111–5section 2271 of this titleExcept as otherwise provided and subject to certain applicability provisions, amendment by effective upon the expiration of the 90-day period beginning on , see , set out as a note under .
Section 1893 of Pub. L. 111–5section 2271 of this titlePub. L. 111–5Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)125 Stat. 403, formerly set out as a Termination Date of 2009 Amendment note preceding , which provided that, except as otherwise provided, amendment by not applicable on or after , and that this section be applied and administered beginning , as if amendment by had never been enacted, was repealed by , , , effective . See Codification note above.
Effective Date of 2002 Amendment
section 123(b)(4) of Pub. L. 107–210section 123(c) of Pub. L. 107–210section 2331 of this titleAmendment by applicable with respect to petitions filed under this part on or after the date that is 90 days after , except with respect to certain workers, see , set out as an Effective Date of Repeal note under .
section 142(a) of Pub. L. 107–210section 141(b) of Pub. L. 107–210section 2401 of this titleAmendment by effective on the date that is 180 days after , see , set out as an Effective Date note under .
Effective Date of 1993 Amendment
Pub. L. 103–182section 506(a) of Pub. L. 103–182section 2271 of this titleAmendment by effective on the date the North American Free Trade Agreement enters into force with respect to the United States (), see , formerly set out as a note under .
Effective Date of 1982 Amendment
Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of Title 28Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.
Effective Date
section 701(b)(3) of Pub. L. 96–417section 251 of Title 28Section applicable with respect to civil actions commenced on or after , see set out as an Effective Date of 1980 Amendment note under , Judiciary and Judicial Procedure.