US Code

Public Law 119-87 (04/30/2026)

28 U.S.C. § 2636

Time for commencement of action

(a)
A civil action contesting the denial, in whole or in part, of a protest under section 515 of the Tariff Act of 1930 is barred unless commenced in accordance with the rules of the Court of International Trade—
(1)
within one hundred and eighty days after the date of mailing of notice of denial of a protest under section 515(a) of such Act; or
(2)
within one hundred and eighty days after the date of denial of a protest by operation of law under the provisions of section 515(b) of such Act.
(b)
A civil action contesting the denial of a petition under section 516 of the Tariff Act of 1930 is barred unless commenced in accordance with the rules of the Court of International Trade within thirty days after the date of mailing of a notice pursuant to section 516(c) of such Act.
(c)
A civil action contesting a reviewable determination listed in section 516A of the Tariff Act of 1930 is barred unless commenced in accordance with the rules of the Court of International Trade within the time specified in such section.
(d)
A civil action contesting a final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 or a final determination of the Secretary of Commerce under section 251 or section 271 of such Act is barred unless commenced in accordance with the rules of the Court of International Trade within sixty days after the date of notice of such determination.
(e)
A civil action contesting a final determination made under section 305(b)(1) of the Trade Agreements Act of 1979 is barred unless commenced in accordance with the rules of the Court of International Trade within thirty days after the date of the publication of such determination in the Federal Register.
(f)
A civil action involving an application for the issuance of an order making confidential information available under section 777(c)(2) of the Tariff Act of 1930 is barred unless commenced in accordance with the rules of the Court of International Trade within ten days after the date of the denial of the request for such confidential information.
(g)
A civil action contesting the denial or revocation by the Secretary of the Treasury of a customs broker’s license or permit under subsection (b) or (c) of section 641 of the Tariff Act of 1930, or the revocation or suspension of such license or permit or the imposition of a monetary penalty in lieu thereof by such Secretary under section 641(d) of such Act, is barred unless commenced in accordance with the rules of the Court of International Trade within sixty days after the date of the entry of the decision or order of such Secretary.
(h)
A civil action contesting the denial, suspension, or revocation by the Customs Service of a private laboratory’s accreditation under section 499(b) of the Tariff Act of 1930 is barred unless commenced in accordance with the rules of the Court of International Trade within 60 days after the date of the decision or order of the Customs Service.
(i)
section 1581 of this title A civil action of which the Court of International Trade has jurisdiction under , other than an action specified in subsections (a)–(h) of this section, is barred unless commenced in accordance with the rules of the court within two years after the cause of action first accrues.

Pub. L. 96–417, title III, § 30194 Stat. 1734 Pub. L. 98–573, title II, § 212(b)(4)98 Stat. 2984 Pub. L. 103–182, title VI, § 684(a)(3)107 Stat. 2219 (Added , , ; amended , title VI, § 623(b)(1), , , 3041; , , .)

Editorial Notes

References in Text

section 1515 of Title 19Section 515 of the Tariff Act of 1930, referred to in subsec. (a), is classified to , Customs Duties.

section 1516 of Title 19Section 516 of the Tariff Act of 1930, referred to in subsec. (b), is classified to .

section 1516a of Title 19Section 516A of the Tariff Act of 1930, referred to in subsec. (c), is classified to .

Sections 223 and 251 of the Trade Act of 1974, referred to in subsec. (d), are classified to sections 2273 and 2341, respectively, of Title 19, Customs Duties.

section 271 of Pub. L. 93–61888 Stat. 2035 section 2371 of Title 19Pub. L. 111–5Section 271 of the Trade Act of 1974, referred to in subsec. (d), means , title II, , , which related to petitions and determinations for trade adjustment assistance for communities and was classified to , Customs Duties, prior to being omitted from the Code as terminated , and later being omitted in the general revision of part 4 of subchapter II of chapter 12 of Title 19 by .

section 2515(b)(1) of Title 19Section 305(b)(1) of the Trade Agreements Act of 1979, referred to in subsec. (e), is classified to .

section 1677f(c)(2) of Title 19Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (f), is classified to .

section 1641 of Title 19Section 641 of the Tariff Act of 1930, referred to in subsec. (g), is classified to .

section 1499(b) of Title 19Section 499(b) of the Tariff Act of 1930, referred to in subsec. (h), is classified to .

Prior Provisions

June 25, 1948, ch. 646 62 Stat. 981 Pub. L. 91–271, title I, § 11784 Stat. 280 Pub. L. 96–417section 2642 of this titleA prior section 2636, acts , ; , , , related to analysis of imported merchandise, prior to the general revision of this chapter by . See .

Amendments

Pub. L. 103–1821993—Subsecs. (h), (i). added subsec. (h) and redesignated former subsec. (h) as (i).

Pub. L. 98–573, § 623(b)(1)(A)1984—Subsec. (c). , amended subsec. (c) generally, striking out “, other than a determination under section 703(b), 703(c), 733(b), or 733(c) of such Act,” and substituting “within the time specified in such section” for “within thirty days after the date of the publication of such determination in the Federal Register”.

Pub. L. 98–573, § 623(b)(1)(B)Subsec. (d). , redesignated subsec. (e) as (d). Former subsec. (d), which provided that civil actions contesting certain determinations by the administering authority under sections 703(b), (c), and 733(b), (c), of the Tariff Act of 1930 were barred unless commenced in accordance with the rules of the Court of International Trade within 10 days after publication of the determination in the Federal Register, was struck out.

Pub. L. 98–573, § 623(b)(1)(B)Subsecs. (e) to (g). , redesignated subsecs. (f) to (h) as (e) to (g), respectively. Former subsec. (e) redesignated (d).

Pub. L. 98–573, § 623(b)(1)(B)Subsec. (h). , redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).

Pub. L. 98–573, § 212(b)(4), amended subsec. (h) generally, substituting “customs broker’s license or permit under subsection (b) or (c) of section 641 of the Tariff Act of 1930, or the revocation or suspension of such license or permit or the imposition of a monetary penalty in lieu thereof by such Secretary under section 641(d) of such Act,” for “customhouse broker’s license under section 641(a) of the Tariff Act of 1930 or the revocation or suspension by such Secretary of a customhouse broker’s license under section 641(b) of such Act”.

Pub. L. 98–573, § 623(b)(1)(B)Subsec. (i). , redesignated subsec. (i) as (h).

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

section 212(b)(4) of Pub. L. 98–573section 214(d) of Pub. L. 98–573section 1304 of Title 19Amendment by effective on close of 180th day after , see , set out as a note under , Customs Duties.

section 623(b)(1) of Pub. L. 98–573section 626(b)(2) of Pub. L. 98–573section 1671 of Title 19Amendment by applicable with respect to civil actions pending on, or filed on or after, , see , set out as a note under .

Effective Date

section 701(b)(1)(B) of Pub. L. 96–417section 251 of this titleSection applicable with respect to civil actions commenced on or after , see , set out as an Effective Date of 1980 Amendment note under .

Application of 1993 Amendment

Pub. L. 103–18219 U.S.C. 1499(b)section 684(b) of Pub. L. 103–182section 1581 of this titleFor purposes of applying amendment by , any decision or order of Customs Service denying, suspending, or revoking accreditation of a private laboratory on or after , and before regulations to implement are issued to be treated as having been denied, suspended, or revoked under such section 1499(b), see , formerly set out as a note under .

Transfer of Functions

section 542 of Title 6Pub. L. 107–296section 211 of Title 6Pub. L. 114–125section 802(b) of Pub. L. 114–125section 211 of Title 6For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .